Disposed

The Pune Municipal Corporation v. Shri. Deepak Balkrishna Vahikar and Anr.

Bombay HC5 Oct 2015CAI/154/2015

Case brief

AI extract

What is this about?

This order clarifies that the Pune Municipal Corporation must follow the procedure outlined in paragraph 23 of the 2013 PIL Judgment for tree replantation, cutting, or plantation applications until the digitized tree census is completed.

What did the court decide?

Clarification that the applicant must follow the procedure in para 23 of the 2013 Judgment for tree applications pending the digitized tree census.

The Pune Municipal Corporation Vs Shri. Deepak… — Environment and Pollution | Bombay HC (2015)

cai154

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION
CIVIL APPLICATION NO.154 OF 2015 IN
PUBLIC INTEREST LITIGATION NO.93 OF 2009

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Pune Municipal Corporation

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...Applicant

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In the matter between
Deepak Balkrishna Vahikar & Anr
vs.

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...Petitioners

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The State of Maharashtra and Anr....Respondents

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Mr.A.A.Kumbhakoni, Senior Advocate a/w Mr.Abhijit P.
Kulkarni and Mr.Manoj Badgujar for the applicant
Mr.Amey Deshpande i/b Mr.Vishal V. Kale &
Mr.J.D.Khairnar for the original petitioners.

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CORAM : A.S.OKA, &
 M.S.SONAK, JJ.

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 DATE : OCTOBER 5, 2015

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P.C.:

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1As per the order of the Hon'ble the Acting
Chief Justice passed on 28th September 2015, this
application has been assigned to this Bench. This
application is made by the applicant-Pune Municipal
Corporation seeking clarification as regards
observations in paragraphs 19 and 23 of the Judgment
and Order dated 20th September 2013 in the PIL.

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2The learned senior counsel for the applicant-
Pune Municipal Corporation is seeking clarification
as regards the procedure to be followed by the Pune
Municipal Corporation for dealing with the
applications for replantation, cutting or, as the
case may be, plantation of trees pending the

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2 cai154

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completion of digitized tree census. His submission
is that the procedure suggested by the Pune
Municipal Corporation has been accepted by the
Division Bench as specifically observed in paragraph
23 of the Judgment and order. His submission is that
to avoid any controversy, it may be clarified that
till the completion of digitized tree census, the
applicant-Municipal Corporation shall follow the
procedure incorporated in paragraph 23 of the
Judgment. We have heard the learned counsel for the
petitioners in the PIL.

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3We have carefully perused the paragraphs 19 and
23 of the said Judgment and Order. The opening
portion of paragraph 23 reads thus:

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“23As regards the procedure to be followed
for taking a decision on applications for
replantation, cutting or, as the case may be,
plantation of trees, we accept the proposal
of the PMC which is in the following terms:

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“ The Proposed Procedure ....”

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4On conjoint reading of paragraphs 19 and 23, it
is apparent that the procedure to be followed by the
applicant-Corporation for taking a decision on the
applications for replantation, cutting or, as the
case may be, plantation of trees till the completion
of digitized tree census shall be as provided in

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paragraph 23. It is thus, obvious that an
application made seeking a permission for

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3 cai154 replantation, cutting or, as the case may be, plantation of trees pending the completion of digitized tree census shall be dealt with by the applicant-Municipal Corporation by following the procedure incorporated in paragraph 23 of the Judgment.

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5Hence, the Judgment and order dated 20th
September 2013 stands clarified as aforesaid. Civil
application is disposed of.

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CERTIFICATE

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Certified to be true and correct copy of original
signed Judgment/Order.

The Pune Municipal Corporation v. Shri. Deepak Balkrishna Vahikar and Anr.

Case brief

What is this about?

What did the court decide?

The Pune Municipal Corporation 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

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