Chandka 1 CA-46-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 46 OF 2011 IN PUBLIC INTEREST LITIGATION NO. 93 OF 2009 Deepak Balkrishna Vahikar & Anr. ..Petitioners versus The State of Maharashtra & Ors. ..Respondents And The Dy. Municipal Commissioner & Anr. ..Applicants/Interveners Mr. Pritten P. Killedar for Petitioners in PIL. Mr. Vinay A. Sonpal, ‘A’ Panel, for Respondent Nos. 1 and 4. Dr. Sadhana S. Mahashabde for Respondent Nos. 2 and 3. Mr. A. P. Kulkarni for Applicants. CORAM : DR. D. Y. CHANDRACHUD & ANOOP V. MOHTA, JJ. 29 April 2011. P.C. : This Civil Application has been filed by the Pune Municipal Corporation for permission for felling nine trees and to replant forty three trees. This action is necessitated for the construction of Grade Separators and road widening work under the development plan and JNNURM Project. Chandka 2 CA-46-11 In the circumstances, we grant permission to the Municipal Corporation to fell nine trees and to transplant forty three trees subject to the following conditions: (a) The Applicants shall file a written undertaking stating- 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 name of the agency which shall carry out the transplantation; v. 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 vi. The Applicants shall continue to maintain the aforesaid trees for a period of two years after the Chandka 3 CA-46-11 transplantation or, as the case may be, uprooting of the trees. (b) A copy of the undertaking shall be supplied to the Petitioners 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. 2. Subject to the undertaking being filed within two weeks, the Civil Application is allowed in the aforesaid terms. No costs. (Dr. D. Y. Chandrachud, J.) (Anoop V. Mohta, J.)