Allowed

M/S. D.C.K. Promoters and Builders through Its Aurhorized Partner Mr. Dilip Chandrakant Kalbhor v. Shri. Deepak Balkrishna Vahikar and Anr.

Bombay HC9 Apr 2013CAI/98/2013

Case brief

AI extract

What is this about?

The High Court granted permission to cut down one tree, ordering the applicant to plant three new half-grown local trees, maintain them for two years, and file a compliant undertaking.

What did the court decide?

Permission to cut down one tree granted, conditional upon planting three new local, half-grown trees and maintaining them for two years.

M/S. D.C.K. Promoters and Builders through Its… — Environment and Pollution | Bombay HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO. 98 OF 2013 IN

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PUBLIC INTEREST LITIGATION NO. 93 OF 2009

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M/s.D.C.K. Promoters & Builders : Applicant/Intervener

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In the matter between

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Shri Deepak Balkrishna Vahikar and Anr. : Petitioners V/s. The State of Maharashtra and others : 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. A.B. Vagyani, Assistant Government Pleader for Respondents 1 to 4.

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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 : 9 APRIL 2013.

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P.C :

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The Applicant seeks permission to cut down one tree. The report of the Expert Committee has recommended the same. We grant permission accordingly 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, 3 new trees shall be planted;

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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 newly planted;

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(iv) The trees which are to be planted 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 aforesaid trees for a period of two years after the plantation of the trees.

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(b) A copy of the undertaking shall be supplied to the Petitioners 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 Petitioners 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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M/S. D.C.K. Promoters and Builders through Its Aurhorized Partner Mr. Dilip Chandrakant Kalbhor v. Shri. Deepak Balkrishna Vahikar and Anr.

Case brief

What is this about?

What did the court decide?

M/S. D.C.K. Promoters and Builders through Its Aurhorized Partner Mr. Dilip Chandrakant Kalbhor 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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