1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.139 OF 2009 IN PUBLIC INTEREST LITIGATION NO.93 OF 2009 Trion Properties Pvt.Ltd. .. Applicants Vs. Shri Deepak Balkrishna Vahikar, Ratnagiri & Ors. .. Respondents (Org.Petitioners) And The State of Maharashtra & Ors. .. Respondents (Org.Respondent nos. 1 to 4) Mr.Girish Godbole with Mr.Zal Andhyarujina, Mrs.Kirtida Chandarana and Mr.Dhiraj Mhatre i/b Mr.Mahernosh Humranwala for the applicants Mr.V.A.Sonpal, A Panel Counsel for the respondent / State ‘ ’ Dr.Sadhana Mahashabde for respondent / Pune Municipal Corporation Mr.M.R.Shinde i/b Mr.P.P.Killedar for the Original Petitioner CORAM : J. N. PATEL & A.A. SAYED, JJ DATE : 16TH DECEMBER, 2009 P.C. : 1. This application is filed by the applicant company for seeking direction of this court to respondent nos.2 and 3 for granting permission for cutting/ uprooting 95 trees and transplanting 11 trees as per the report dt. 16.11.2009 of the Committee on the ground that the existing trees are 2 causing obstruction to the construction work on the said property. 2. We have gone through the report of the Three Members Committee appointed by respondent Municipal Corporation. The expert Committee has recommended that the trees can be removed on certain terms and conditions and has specified the nature of trees which are to be replanted. The applicants have also filed affidavit cum undertaking in respect of Kishore Bhatija, Director of the applicant company giving an undertaking to this court that the applicant company will abide by the recommendations of the expert committee and undertake to this court to plant 285 trees in lieu of 95 trees being cut on the plot of land bearing S.No.35, Hissa No.9/1&2, 10/1&2, 11/1, 2 & 3 12/1&2 at the site. 3. We accept the undertaking. In addition to 285 trees, the applicant shall also replant 11 trees. On these conditions, the applicant may be granted permission by respondent nos.2 and 3 to cut and replant the trees. 4. Application stands disposed of accordingly. ( J. N. Patel, J) (A.A. Sayed, J)