This Writ Petition challenged a decision under the Goa, Daman and Diu Preservation of Trees Act. The court disposed of the petition by recording the parties' consent for the tree to be cut at the first respondent's expense.
Writ Petition disposed of based on recorded consent of parties for tree removal at respondent's cost.
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--1-- 16wp 738-19
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO. 738 OF 2019.
TEODOLINDA DIAS MANDOLY AND 3 ORS., ….Petitioners. VS NELSON FELIX JACQUES AND 5 ORS., .... Respondents.
Ms. K. Pednekar, Advocate for the petitioners. Shri C. Fonseca, Advocate for the respondent no.1.
Coram: - DAMA SESHADRI NAIDU, J. Date: -1st February, 2021.
PC.
This Writ Petition concerns felling of a coconut tree, under the The Goa, Daman and Diu Preservation of Trees Act, 1984 The primary authority held that the tree does not pose any danger to the neighbours; so it must stand. On appeal, the Appellate Authority reversed the decision and held that it must go. Aggrieved, the owner of the tree, who in fact sold a piece of his property to the first respondent, has filed this Writ Petition .
--2-- 16wp 738-19
All other co-owners should be put on notice and (ii) the first
respondent should bare the expenses for cutting of the tree.
DAMA SESHADRI NAIDU, J.
vn
Digitally signed by VINITA VIKAS
VINITA VIKAS NAIK NAIK Date: 2021.02.02 15:12:16 +05'30'
TEODOLINDA DIAS MANDOLY AND 3 ORS.
NELSON FELIX JACQUES AND 5 ORS.
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
