Disposed

Ashok Dattatray Joshi v. the State of Maharashtra and Ors.

Bombay HC8 Jul 2011CAI/35/2011

Case brief

AI extract

What is this about?

The court granted permission to the applicant to cut 5 trees and transplant 9 trees during a Public Interest Litigation, subject to conditions ensuring net gain in tree count, use of local species, proper planting plans, and maintenance for two years.

What did the court decide?

Permission granted to cut 5 trees and transplant 9 trees subject to an undertaking for replacement and maintenance, made absolute.

Ashok Dattatray Joshi Vs the State of Maharashtra… — Environment and Pollution | Bombay HC (2011)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.35 OF 2011 IN

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PUBLIC INTEREST LITIGATION NO.93 OF 2009

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Deepak Balkrishna Vahikar and another ..Petitioners. vs.

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The State of Maharashtra and others And

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..Respondents.

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Ashok Dattatray Joshi ..Applicant.

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....

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Ms. Vrunda Surve with Ms. S.P. Potbhare i/b Mr. Priten P. Killedar for the Petitioners.

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Mr. Vinay A. Sonpal, A panel counsel for Respondents 1 and 4. Dr. Sadhna Mahashabde for Respondents 2 and 3 Mr. V.S. Kapse for the Applicant.

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......

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CORAM : DR.D.Y.CHANDRACHUD & ANOOP V. MOHTA, JJ.

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8 July 2011.

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P.C. :

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The Applicant seeks permission to cut 5 trees and to transplant 9 trees. The report of the expert committee is on record. We grant permission to the Applicant subject to the following conditions:

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(a) The Applicant shall file a written undertaking of an authorized representative stating -

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(i) That in compliance with the report of the expert committee, three new trees shall be planted for every existing tree to be felled;

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(ii) That the trees to be replanted shall be of local species;

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(iii)That a plan shall be annexed to the undertaking earmarking the places at which the trees shall be replanted;

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(iv)The name of the agency which shall carry out the transplantation;

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(v) The trees which are to be replanted shall not be small saplings, but shall be half grown trees of a sufficient growth which shall ensure their survival; and

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(vi)The Applicant shall continue to maintain the aforesaid trees for a period of two years after the transplantation or, as the case may be, uprooting of the trees.

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(b) A copy of the undertaking shall be supplied to the Petitioner and to the Municipal Corporation and shall be placed on the record of these proceedings within a period of two weeks from today;

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(c) The Tree Officer of the Pune Municipal Corporation shall be personally responsible for verifying as to whether the undertakings which have been furnished to the Court have been duly complied with. The Tree Officer shall bring to the notice of the Court any dereliction on the part of the deponent in complying with the undertaking.

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Subject to the undertaking being filed in the aforesaid terms and conditional thereon, the Civil Application is made absolute in the aforesaid terms.

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(Dr. D.Y. Chandrachud, J.)

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(Anoop V. Mohta J.)

Ashok Dattatray Joshi v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Ashok Dattatray Joshi v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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