Allowed

Yugal Constructions v. Deepak Balkrishna Vahikar, and Anr.

Bombay HC29 Apr 2011CAI/45/2011

Case brief

AI extract

What is this about?

The High Court of Bombay allowed a civil application seeking permission to fell 6 trees and replant 2 trees. The court granted permission subject to filing a written undertaking containing specific conditions regarding replanting ratios, species, planting plans, sapling size, and a two-year maintenance period, verified by the Tree Officer of the Pune Municipal Corporation.

What did the court decide?

Permission granted for felling 6 trees and replanting 2 trees subject to filing a specific undertaking with conditions on planting, species, and maintenance within two weeks.

Yugal Constructions Vs Deepak Balkrishna Vahikar… — Environment and Pollution | Bombay HC (2011)

CA-45-11

Chandka

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO. 45 OF 2011

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PUBLIC INTEREST LITIGATION NO. 93 OF 2009

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Yugal Constructions ..Applicant/Intervener And Deepak Balkrishna Vahikar & Anr. ..Petitioners versus The State of Maharashtra & Ors. ..Respondents

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Mr. V. S. Kapse for Applicant. 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.

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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 6 trees

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and to replant 2 trees. The Expert Committee has recommended the proposal. In the circumstances, we grant permission for felling of 6 trees and replanting of 2 trees subject to the following conditions:

CA-45-11

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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 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 Petitioners

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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 within two weeks, the Civil Application is allowed in the aforesaid terms. No costs.

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(Anoop V. Mohta, J.)

Yugal Constructions v. Deepak Balkrishna Vahikar, and Anr.

Case brief

What is this about?

What did the court decide?

Yugal Constructions v. Deepak Balkrishna Vahikar, and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

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