The High Court allowed an application to cut a jambhul tree. The court directed respondents to permit cutting based on an Expert Committee report, contingent upon planting a new approved sapling and protecting it until fully grown.
Permission granted to cut the tree provided a new approved sapling is planted and protected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
CIVIL APPLICATION NO.31 OF 2010
In
PUBLIC INTEREST LITIGATION NO.93 OF 2009
Yasin Moiuddin Dhotekar
: Applicant/ Intervener
And/in
Shri Deepak Balkrishna Vahikar & Anr. : Petitioners V/s. The State of Maharashtra & Ors. : Respondents
Mr.Y.B.Pawaskar i/b. Mr.V.S.Kapse for the applicant.
Mr.P.P.Killedar for the petitioners.
Mr.V.A.Sonpal, `A’ panel counsel for the resp./State.
Dr.Sadhana Mahashabde for resp./Pune Municipal Corpn.
CORAM : J.N.PATEL, ACTING C.J. & B.R. GAVAI, J.
DATE : FEBRUARY 10, 2010.
P.C.:
Heard.
the respondent nos.2 & 3 to grant permission for cutting of a jambhul
tree. We have perused the permission granted by the Expert Committee
wherein it is stated that taking into consideration the future danger, the
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permission ought to be granted.
grown up.
ACTING CHIEF JUSTICE
B. R. GAVAI, J.
1 issue framed by the court
Whether permission to cut a jambhul tree should be granted based on Expert Committee report.
Yasin Moiuddin Dhotekar
Shri Deepak Balkrishna Vahikar
The State of Maharashtra
J.N.PATEL
B.R.GAVAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
