Allowed

M/S. Royal Promoters and Builders v. the State of Maharashtra

Bombay HC29 Apr 2011CAI/42/2011

Case brief

AI extract

What is this about?

In this civil application arising from a public interest litigation, the court granted conditional permission to fell three trees. The applicant must file an undertaking to plant three new half-grown local species trees and maintain them for two years, with verification by the Tree Officer.

What did the court decide?

Permission to fell three trees granted upon filing an undertaking to plant three new half-grown local species trees and maintain them for two years, verified by the Tree Officer.

M/S. Royal Promoters and Builders Vs the State of… — Environment and Pollution | Bombay HC (2011)

CA-42-11

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO. 42 OF 2011

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PUBLIC INTEREST LITIGATION NO. 93 OF 2009

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Deepak Balkrishna Vahikar & Anr. ..Petitioners versus The State of Maharashtra & Ors. ..Respondents And M/s. Royal Promoters & Builders ..Applicant/Intervener

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Mr. Pritten P. Killedar for Petitioners in PIL. Mr. Vinay A. Sonpal, ‘A’ Panel, for Respondent Nos. 1 and 4. Dr. Sadhana S. Mahashabde for Respondent Nos. 2 and 3. Mr. Sameer Khale with Mr. Chirag Chavan for Applicant.

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

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29 April 2011.

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P.C. :

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The Applicant to the Civil Application seeks permission to fell three trees. The report of the Expert Committee is on record. In the circumstances, we grant permission for felling of three trees subject to the following conditions:

CA-42-11

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(a) The Applicant shall file a written undertaking of a director stating-

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i. That in compliance with the report of the expert committee, three new trees shall be planted for 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 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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v. The Applicant shall continue to maintain the freshly planted trees for a period of two years after the existing tree is fell.

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(b) A copy of the undertaking shall be supplied to the Petitioners 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 within two weeks, the Civil Application is allowed in the aforesaid terms. No costs.

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(Anoop V. Mohta, J.)

M/S. Royal Promoters and Builders v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

M/S. Royal Promoters and Builders v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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