PNP 1 CA133-12.1..sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.133 OF 2010 IN PIL NO.93 OF 2009 Deepak Balkrishna Vahikar and another ..Petitioners. vs. The State of Maharashtra and others ..Respondents. And National Institute of Bank Management ..Applicant Intervener.. – ..... Mr. V.S. Kapse for the Applicants. Ms. Vrunda Surve i/b Mr. P. P. Killedar for the Petitioners. Mr. V.A. Sonpal, A Panel counsel for Respondents 1 and 4. ‘ ’ Dr. Sadhana Mahashabde for Respondents 2 and 3. ...... CORAM : DR.D.Y.CHANDRACHUD & ANOOP V. MOHTA , JJ. 12 January 2011. P.C. : 1. This Application has been taken out by the National Institute of Bank Management (NIBM). NIBM is the owner of a plot of land at Kohdhwe, Pune. NIBM seeks to develop its property by constructing educational campus consisting of learning complex, hostel building and mess building. For that development 1790 trees would be affected. Of these 1790 trees, 1291 are to be completely uprooted and 499 trees are required to be transplanted. Since the number of trees involved is large, this Court by its order dated 21 October 2010 had directed the Applicant to file a further affidavit to explain what steps have been taken so far for carrying out additional plantation. This PNP 2 CA133-12.1..sxw Court had also directed a joint inspection of the site by the representatives of the Applicant, the Municipal Corporation and the Petitioners. 2. An additional affidavit has been filed in which it has been stated that the Applicants undertake to plant 3873 trees in place of 1291 trees that are recommended to be completely uprooted. We accept the undertaking and direct that the Applicants shall take steps to plant atleast half grown trees and/or sufficiently grown trees. Insofar as 499 trees to be transplanted are concerned, the Applicant shall ensure that the work is carried out by a competent agency having sufficient experience in the field. The Applicant shall ensure that necessary steps are taken for maintaining the trees to be replanted or, as the case may be, transplanted. The Court has been informed in the affidavit that there are 17,870 trees in existence on the plot. 3. We are of the view that the Applicants have duly established their bonafides and have undertaken to take necessary steps to ensure replanting of three trees for every one tree to be felled and by carrying out the process of transplantation on a scientific basis. In these circumstances, we grant permission to the Applicant as prayed in terms of prayer clauses (a) and (b), subject to the undertakings as recorded earlier. The Civil Application is accordingly disposed of. (Dr. D.Y. Chandrachud, J.) (Anoop V. Mohta, J.)