Allowed

Cummins India Limited through Its Authorized Signatory Mr. Sameer Chugh v. Shri. Deepak Balkrishna Vahikar and Anr.

Bombay HC16 Apr 2013CAI/85/2013

Case brief

AI extract

What is this about?

The Court granted interim permission to an R & D facility developer to transplant 98 trees and cut 109 trees for construction, mandating the prior planting of 621 local trees and ensuring tree survival through supervision by the Municipal Corporation.

What did the court decide?

Permission to transplant 98 trees and uproot 109 trees subject to conditions including planting 621 new local trees before starting cutting/transplanting and compliance with a written undertaking.

Cummins India Limited through Its Authorized… — Environment and Pollution | Bombay HC (2013)

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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.85 OF 2013

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PUBLIC INTEREST LITIGATION NO.93 OF 2009

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Cummins India Limited : Applicant/Intervener

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In the matter between

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Shri Deepak Balkrishna Vahikar & Anr. : Petitioners

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V/s.

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The State of Maharashtra & Ors. : Respondents

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Mr.Sameer Khale with Mr.Rahul Garg for the Applicant.

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None present for the Petitioners.

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Mr.Ashutosh Kumbhakoni with Dr.Sadhana Mahashabde for Respondent nos.2 & 3.

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…. CORAM : DR.D.Y.CHANDRACHUD & A.A. SAYED, JJ.

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DATE : 16 APRIL 2013.

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P.C.:

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The Applicant is the owner of the properties bearing survey nos.30/5, 31/3 to 31/7, 32, 33 (part), 35, 37, 41 (part) and 42 to 47 totally admeasuring 3,49,154 sq. mtrs., situated at Dhanukar Colony, Kothrud, Pune. The Applicant intends to construct a building for the expansion of its Research and

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Development (R & D) unit in the aforesaid property. There are a number of trees at the site where the building is proposed to be constructed. According to the Applicant, without disturbing the trees, it is not possible to put up the proposed construction at the site.

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The Applicant claims that the proposed building is eco-friendly and the objective of setting up such R & D facility in Pune city is stated to conduct research and develop technologies for the purpose of:

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(1) reduction of emissions,

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(2) air pollution and green house gases,

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(3) conservation of national petroleum resources,

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(4) reducing dependence on petroleum imports through fuel efficiency improvement, and

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(5) development of alternate fuel engines to run on natural gas, producer gas, landfill gas, bio-gas and bio-diesel resulting in reducing dependence on foreign technology.

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It is submitted that the research conducted at the aforesaid proposed building will reverse the current technology flow from developed nations to India and generate intellectual property within India and that this R & D facility is focussed on emissions reduction and will create approximately 3000 new jobs, will generate export as also significant tax and other revenues for the

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local, State and Central Governments.

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The Applicant after following the due procedure has filed the present application seeking permission of this Court to transplant 214 trees and to remove/cut 716 trees. The Expert Committee has approved the same with conditions.

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The Applicant has filed an additional affidavit and has undertaken to carry out the subject project phase-wise comprising of four phases. The first phase involves construction of one building and transplantation of 98 trees and removal of 109 trees. The additional affidavit also brings on record various projects undertaken by it which, according to the Applicant, demonstrate its commitment to serve the society in general and to preserve/protect environment in particular.

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The Applicant, as set out in the additional affidavit, is a Multinational Company engaged in the business of manufacturing and selling diesel engines and power generation products along with related technologies. It was established in India in 1962 as Kirloskar Cummins Limited and claims to be a leader in the design, development and manufacture of diesel engines, emission reduction systems, fuel systems, turbochargers, filters and other power products.

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According to the Applicant, corporate responsibility is one of its key core values in terms of which it claims to have focussed its resources on three global priorities critical to healthy communities, viz.,

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(a) Energy and environment.

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(b) Education.

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(c ) Infrastructure and social justice.

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It is claimed that every year all employees of the Applicant actively contribute at least four hours of their working time to community service and environmental improvement initiates and projects. According to the Applicant, in the year 2012 the employees of the Applicant have contributed over 35,000 hours to community service and undertaken environmental improvement initiatives and projects.

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The Applicant is stated to have created a foundation specifically for the purpose of taking forward the causes of community service and environmental improvements and donates approximately one per cent of its annual profits to the foundation. The amount donated in the year 2011-12 to the foundation is stated to be Rs.4.35 crores.

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The Applicant claims that in the context of environment and as part of

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corporate social responsibility in and around the city of Pune, it has conducted significant number of environmental projects such as:

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(a) Green hills initiative – planting more than 7500 trees,

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(b) Water shed management and water table improvement initiative,

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( c) Rural low smoke, fuel efficient chulha project, model village initiative – which is adopting and creating a model village,

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(d) Rural electrification using bio-diesel from seeds initiative,

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(e) First ZERO garbage municipal ward – Katraj initiative,

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(f) No plastic bag through recycling and newspaper bag initiative,

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(g) Mutha River bed cleaning & restoration of ecosystems initiative,

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(h) Reduction of water-body and air pollution during Ganesh Chaturthi and Diwali initiative,

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(i) Blind school kitchen garden for self-sufficiency initiative,

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(j) Create green brigade through school children awareness program,

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(k) Installation of artificial birds' nets project,

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(l) Vehicle emission and traffic congestion reduction through automated signal management project.

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(m) Work for sustainable water and soil conservation at various locations around the city.

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It is submitted that the Applicant has planted several thousands of trees throughout Pune city including 5000 trees at Chaturshringi Hill and 3000 trees

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at Hanuman Hill and Warje Hills. In addition to promoting the plantations on various hills in and around the city of Pune, the Applicant claims to have also established a plant nursery within its own premises at Kothrud, Pune to provide saplings for these initiatives.

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The Applicant has undertaken in compliance with the report of the Expert Committee, to plant 2790 new trees of local species against the transplantation of 214 trees and cutting down of the 716 trees on the land owned and possessed by the Applicant which it claims is at a stone's throw distance from the land in question which is shown in the plan annexed to the affidavit. As indicated earlier, the Applicant is to carry out the aforesaid construction work for the establishment of the R & D center over the said property in phasewise manner comprising of in all four phases as under:-

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Phase	Trees to be transplanted	Trees to be cut	Tree plantation planned BEFORE start of cutting/ transplanting activity.
Phase 1	98	109	621
Phase 2	37	128	495
Phase 3	3	362	1095
Phase 4	76	117	579
Total	214	716	2790

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The Applicant has stated that 682 of the 716 trees proposed to be uprooted are

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of “Subabhul” species which are not ecologically preferred.

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In the facts and circumstances of the case and considering the nature of projects undertaken by the Applicant as indicated above and taking into account the purpose for which the proposed construction activity is intended, we pass the following interim order relating to the FIRST PHASE with liberty to the Applicant to move the application for further orders after all steps in terms of this order are taken by the Applicant in respect of the FIRST PHASE:

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O R D E R

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The Applicant, in the first instance, is granted permission to transplant 98 different trees and to uproot 109 different trees existing on the said property as shown in Annex.`E' (colly.) to the additional affidavit, as per the report of the Expert Committee subject to the following conditions:

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(a) The Applicant shall file a written undertaking of its auathorised signatory stating:

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(i) That the Applicant shall FIRST plant 621 new trees over the said property, BEFORE cutting down/transplanting trees in the FIRST phase in compliance with the report of the Expert Committee;

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

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(iii) That a plan shall be annexed to the undertaking earmarking the

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places at which the trees shall be newly planted as also replanted;

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(iv) The work of transplantation shall be done by an agency to be nominated by the Garden Superintendent of the Pune Municipal Corporation or the Deputy Municipal Commissioner concerned and subject to the due supervision of the Garden Superintendent of the Pune Municipal Corporation or the Deputy Municipal Commissioner concerned who shall personally verify as to

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whether the transplantation has been carried out properly with a view to ensuring the survival of the tree or the trees, as the case may be.

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

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

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(vii) The Applicant shall not carry out any such activity at the site where the trees are to be newly planted or transplanted that will endanger the growth and/or maintenance of the newly planted or transplanted trees.

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(viii) The Applicant shall not cause any damage to the remaining trees, existing on the said property, during the course of construction work.

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(b) A copy of the undertaking shall be supplied to the Petitioners and shall

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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.

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Liberty to move the application for further orders upon near completion of the first phase.

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Cummins India Limited through Its Authorized Signatory Mr. Sameer Chugh v. Shri. Deepak Balkrishna Vahikar and Anr.

Case brief

What is this about?

What did the court decide?

Cummins India Limited through Its Authorized Signatory Mr. Sameer Chugh v. Shri. Deepak Balkrishna Vahikar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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