Dmt 1 ca170-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 170 OF 2011 IN P.I.L. NO. 93 OF 2009 Deepak Balkriswhna Vahikar & Ors, .. Petitioners. versus The State of Maharashtra & Ors. .. Respondents. And Tree Officer, Pune Municipal Corporation. .. Applicant. ..... Mr. Abhijit P. Kulkarni for the Applicant. Ms. Gayatri Singh with Mr. Kranti L.C. for the Petitioner. Mr. Vinay A. Sonpal A Panel Counsel for Respondent Nos. 1 & 4. Dr. Sadhana Mahashabde for Respondent Nos. 2 & 3. Dmt 2 ca170-11 ...... CORAM : DR.D.Y.CHANDRACHUD & A. A. SAYED, JJ. 14 November 2011. P.C. : Leave to amend. 2. This civil application has been taken out by the Pune Municipal Corporation for permission to fell one tree. It has been necessitated by the construction of a Foot over Bridge at Karve Road, Kothrud, Pune. 3. The application is made absolute subject to the following conditions. (a) The Applicant shall file a written undertaking of an authorised representative stating - Dmt 3 ca170-11 (i) That in compliance with the report of the expert committee, three new trees shall be planted for every existing tree to be felled; (ii) That the trees to be replanted shall be of local species; (iii) That a plan shall be annexed to the undertaking earmarking the places at which the trees shall be replanted; (iv) The trees which are to be replanted shall not be small saplings, but shall be half grown trees of a sufficient growth which shall ensure their survival; and (v) The Applicants shall continue to maintain the aforesaid trees for a period of two years after Dmt 4 ca170-11 the transplantation or, as the case may be, uprooting of the trees. (b) A copy of the undertaking shall be supplied to the Petitioner and to the Municipal Corporation and shall be placed on the record of these proceedings within a period of two weeks from today; (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 Tree Officer shall bring to the notice of the Court any dereliction on the part of the deponent in complying with the undertaking. Dmt 5 ca170-11 4. The filing of the undertaking shall be a condition precedent. (Dr. D.Y. Chandrachud, J.) (A. A. Sayed, J.)