Disposed

M.K. Constructions through Its Partner, Mr. Girish Gopalji Kacha v. Shri. Deepak Balkrishna Vahikar and Anr.

Bombay HC16 Apr 2013CAI/88/2013

Case brief

AI extract

What is this about?

The court granted permission to the applicant to cut down one tree and plant three trees for construction purposes, imposing strict conditions regarding species, size, plantation location, and maintenance of the new trees.

What did the court decide?

Permission granted to cut one tree and plant three, subject to filing an undertaking and strict conditions on species, size, location, and maintenance.

M.K. Constructions through Its Partner, Mr. Girish… — Environment and Pollution | Bombay HC (2013)

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1 of 3 CAI.88.2013

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.88 OF 2013 IN PUBLIC INTEREST LITIGATION NO.93 OF 2009

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M.K.Constructions through its Partner Mr.Girish Gopalji Kacha

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In the matter of : Deepak Balkrishna Vahikar and others

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versus

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The State of Maharashtra and others

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Applicant Petitioners Respondents

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Mr.Rahul Kadam for Applicant. None for the Petitioner.

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Mr.Ashutosh Kumbhakoni with Dr.Sadhana Mahashabde for Respondents 2 and 3.

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CORAM : DR.D.Y.CHANDRACHUD AND A.A.SAYED, JJ.

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DATE : 16 April 2012

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PC :

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The Applicant seeks permission to cut down 01 tree and plant 03 trees for the purposes of constructing a new building pursuant to commencement certificate issued by the Pune Municipal Corporation. The expert committee has recommended the proposal. We grant permission to the Applicant subject to following conditions :

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

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2 of 3 CAI.88.2013

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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 planted 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 person/agency which shall carry out the plantation;

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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 after the plantation 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 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

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3 of 3 CAI.88.2013

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which have been furnished to the Court have been duly complied with. The Petitioner 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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(A.A.SAYED, J.)

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MST

M.K. Constructions through Its Partner, Mr. Girish Gopalji Kacha v. Shri. Deepak Balkrishna Vahikar and Anr.

Case brief

What is this about?

What did the court decide?

M.K. Constructions through Its Partner, Mr. Girish Gopalji Kacha 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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