1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.31 OF 2010 In PUBLIC INTEREST LITIGATION NO.93 OF 2009 Yasin Moiuddin Dhotekar : Applicant/ Intervener And/in Shri Deepak Balkrishna Vahikar & Anr. : Petitioners V/s. The State of Maharashtra & Ors. : Respondents .... Mr.Y.B.Pawaskar i/b. Mr.V.S.Kapse for the applicant. Mr.P.P.Killedar for the petitioners. Mr.V.A.Sonpal, `A’ panel counsel for the resp./State. Dr.Sadhana Mahashabde for resp./Pune Municipal Corpn. .... CORAM : J.N.PATEL, ACTING C.J. & B.R. GAVAI, J. DATE : FEBRUARY 10, 2010. P.C.: Heard. 2. This application has been filed by the applicant for a direction to the respondent nos.2 & 3 to grant permission for cutting of a jambhul tree. We have perused the permission granted by the Expert Committee wherein it is stated that taking into consideration the future danger, the 2 permission ought to be granted. 3. The learned counsel for the applicant further submits that the applicant has already deposited amount with the Corporation for planting another tree. In view of the report of the Expert Committee for grant of permission to cut the tree, the same may be granted. However, the same shall be on condition that the respondents shall give permission for new sapling to be planted at the same place from where the tree is being uprooted. The Corporation is directed to plant the type of tree as approved by the Expert Committee in the same place. It is further directed that the applicant shall take every step to protect it till it is fully grown up. 4. Civil Application is allowed in the above terms. ACTING CHIEF JUSTICE B. R. GAVAI, J.