Disposed

Manish Waman Khavale v. the Tree Authority - Khopoli Municipal Council and Ors.

Bombay HC3 Dec 2014PIL/134/2009

Case brief

AI extract

What is this about?

The High Court disposed of a PIL challenging a Tree Authority's permission to cut trees, directed the applicant to deposit enhanced security and plant replacement trees, and imposed strict monitoring and reporting obligations on the developer and authority.

What did the court decide?

Permission to cut trees upheld subject to directions to deposit Rs.20,000 per tree, plant five new trees for each cut, and submit reports within six months and annually.

Manish Waman Khavale Vs the Tree Authority… — Environment and Pollution | Bombay HC (2014)

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PIL134/09

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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PUBLIC INTEREST LITIGATION NO.134 OF 2009 WITH CIVIL APPLICATION NO.258 OF 2013 WITH CIVIL APPLICATION NO.164 OF 2014 WITH CIVIL APPLICATION NO.165 OF 2014

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Manish Waman Khavale … Petitioner v/s The Tree Authority, Khopoli Municipal Council and others … Respondents

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Mr Samir A. Vaidya for Petitioner. Mr Rajesh S. Datar for Respondent No.7. Mr Nitin P. Deshpande for Applicant in CA No.164 of 2014. Mr V.B. Thadani, AGP for Respondent – State and Applicant in CA No.258 of 2013.

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CORAM: MOHIT S. SHAH, C.J. & B.P. COLABAWALLA, J. DATE : 03 DECEMBER 2014

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P.C. :

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In earlier order dated 12 March 2013, Mr R.S. Datar is wrongly shown as learned counsel appearing for Respondent Nos.1 and 7. He be shown as learned counsel appearing for Respondent No.7 only.

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Civil Application No.164 of 2014 is taken out by the Applicant for impleadment of the Applicant as party Respondent. Civil Application No.164 of 2014 is allowed and the applicant shall be joined as Respondent No.8 in Public Interest Litigation No.134 of 2009.

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In this Public Interest Litigation, even though several reliefs have been sought for, the Petitioner has only called into question the order dated 24 July 2008 of the Tree Authority granting permission to cut the trees on certain conditions.

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Heard the learned AGP for Respondent Nos.4 to 6, learned counsel for Respondent No.7 – Khopoli Municipal Council, Khopoli and the learned counsel for the newly added Respondent No.8 in whose favour the Tree Authority has granted the permission.

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After filing of the PIL, the matter was listed for final hearing on 12 March 2013. This Court directed the Collector, Raigad to inquire into the various aspects of the matter and submit a report to this Court. Accordingly, the report dated 12 June 2013 of Collector, Raigad has been placed before us.

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6. The Collector has made the final observations as under :-

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“(1) The land bearing S.No.16/1, 2, 3 and 4A i.e. C.T.S. No.2472 belongs to private person and it is not a Government land. It falls within residential zone of Municipal Council, Khopoli. It is neither forest land nor private forest land. Moreover, it is neither in eco sensitive zone nor in green zone. The land is situated in Khopoli Municipal Council.

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2) Permission granted by Tree Authority appears to be by and large proper as per the provisions of The Maharashtra (Urban Areas) Preservation of Trees Act, 1975. However, this permission has been stayed since then because of the objections raised by public and law and order situation.

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3) It is observed that Baby Samuel, Director, M/s Jani Properties was not present in the meeting dated 24/07/2008 of Tree Authority.

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In view of the above facts, I am of the opinion that permission granted by Tree Authority is just and proper.”

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Minutes of the meeting of the Tree Authority, held on

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24-7-2008, in so far as relevant, read as under :-

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“Issue No.3 of the committee meeting :-

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To consider the application of M/s Jani Properties Pvt.Ltd. For cutting of trees.

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Jani Properties Pvt.Ltd., Khopoli has submitted the application for cutting of 70 trees out of 110 trees from Survey no.2472, City Survey No.16, Hissa No. 1 + 2 + 3 + 4A with the Tree Authority Committee for carrying out development. Similarly, application has been submitted on behalf of Jani properties Pvt.Ltd., Khopoli through Shri Baby Samual that he is the Director of the said company and document of ownership rights, 7/12 extract, copy of the agreement for becoming the Director, Site Plan etc. for submitting the same before Tree

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Authority Committee. Similarly it has been requested that Committee should pass the resolution in that connection. Members of the Tree Authority Committee have given the recommendation to Tree Authority Committee on 11.07.08 to sanction / to give approval to the said issue.

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In this connection, notice has been published in local newspaper weekly Raigad Times in the edition dated 14.7.08 and in weekly Yuva Jagat, in the edition dated 14.7.08 for inviting the objections from the public in the area of Municipal Council. Similarly notice has been published on the notice board of the office. After visiting the site personally were trees are existing. Notices have been pasted on all trees which are going to be cut in the presence of panchas through the Superintendent of Garden and photograph in that connection have been shown to the members of the Committee.

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In connection with this application members of Tree Authority Committee have visited the site and said permission is being granted on the following terms and a condition taking into consideration that applicant is going to carry out development at the said premises.

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1. Applicant will be responsible to plant 5 new trees against 1 tree and to maintain the same.

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2. Amount of Rs.1,000/- is to be deposited per tree which is the fund of Municipal Council. After the period of 2 years actual inspection will be taken by the Tree Authority Committee of the Trees which have been planted and maintained and Committee will submit the report to return the deposit in accordance with number of trees maintained and only thereafter deposit should be returned.

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Hence concerned applicant be informed accordingly through the Tree Officer. When applicant will be informed in writing no tree can be cut up to the period of 15 days. If this condition will be violated Tree Authority Committee can take decision to cancel the permission and concerned should be informed to take note of the same.”

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The learned counsel for Petitioner submits that though

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the Tree Authority has stipulated two conditions -

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(i) planting five new trees against one tree to be cut and

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(ii) deposit of Rs.1,000/- per tree which is going to be cut, for a period of two years;

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the second condition is for all practical purposes illusory because after deposit of Rs.70,000/- at the rate of Rs.1,000/- per tree to be cut, the Developer may not plant the new trees, nurture and maintain them and can afford to have the deposit of paltry amount of Rs.70,000/- forfeited. It is submitted that the Collector should have therefore looked into this aspect as well before concluding that the permission granted by the Tree Authority is just and proper.

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The learned counsel for the Developer submits that the Developer is serious about complying with the conditions stipulated by the Tree Authority for planting five new trees against one tree and to maintain the same. The learned counsel states that the Developer

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is ready to deposit Rs.20,000/- for each of the 70 trees to be cut i.e. an amount of Rs.14,00,000/- and that the Respondent No.8 will not withdraw the interest free deposit for a period of five years so that the Tree Authority may supervise the planting of new trees and their maintenance over a period of five years.

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In view of the above statements made on behalf of the Developer, we are of the view that the interests of justice would be served if this PIL is disposed of with following directions :-

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(A) Respondent No.8 will be responsible to plant five new trees against one tree to be cut and to maintain the same.

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(B) An amount of Rs.20,000/- shall be deposited per tree which is going to be cut and the interest free deposit shall be made with the Respondent No.7 – Khopoli Municipal Council for a period of five years.

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(C) Respondent No.8 – Developer shall, within six months from today, submit a report to the Tree Authority as well as Respondent No.7 – Khopoli Municipal Council about planting five new trees for every that is cut and for which permission has been granted by the Tree Authority.

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(D) The Tree Authority Committee shall, from time to time, carry out inspection of the trees which are to planted and maintained and the Committee shall submit its report to the Municipal Council at least once a year. After expiry of period of five years from the date of planting new trees, the Tree Authority Committee shall submit a report to the Municipal Council recommending whether the deposit made by the Respondent No.8 i.e. Rs.14,00,000/- deserves to be refunded or not.

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It is clarified that regarding the amount of

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Rs.14,00,000/- which will be deposited with the Khopoli Municipal Council, it will be open to the Municipal Council to spend the said

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amount for such public purposes as the Municipal Council may consider appropriate. On the Tree Authority recommending the refund of the deposit of Rs.14,00,000/- or a part thereof, the same would be refunded to the Developer without any interest.

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It is further clarified that since the above conditions are stipulated by way of directions of this Court, Respondent No.8 shall be bound to comply with the same and in case of any disobedience, it will be open to the Petitioner to take out appropriate proceedings.

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Public Interest Litigation is accordingly disposed of in the above terms without disturbing the permission granted by the Tree Authority but subject to the above directions.

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Since the PIL is disposed of, Civil Applications in PIL also stand disposed of.

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CHIEF JUSTICE

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B.P. COLABAWALLA, J.

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Manish Waman Khavale v. the Tree Authority - Khopoli Municipal Council and Ors.

Case brief

What is this about?

What did the court decide?

Manish Waman Khavale v. the Tree Authority - Khopoli Municipal Council and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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