Chandka 1 CA-60-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 60 OF 2011 IN PUBLIC INTEREST LITIGATION NO. 93 OF 2009 Deepak Balkrishna Vahikar & Anr. ..Petitioners versus The State of Maharashtra & Ors. ..Respondents And M/s. Shubh Realty ..Applicant/Intervener 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. Sameer Khale with Mr. Chirag Chavan for Applicant. CORAM : DR. D. Y. CHANDRACHUD & ANOOP V. MOHTA, JJ. 29 April 2011. P.C. : The applicant to the Civil Application seeks permission to transplant three trees. The Expert Committee has recommended the proposal. In the circumstances, we grant permission for transplanting three trees subject to the following conditions: (a) The Applicant shall file a written undertaking of a director Chandka 2 CA-60-11 stating- i. That the trees to be replanted shall be of local species; ii. That a plan shall be annexed to the undertaking earmarking the places at which the trees shall be replanted; iii. The name of the agency which shall carry out the transplantation; and iv. The Applicant shall continue to maintain the aforesaid trees for a period of two years after the transplantation or, as the case may be, uprooting of the trees. (b) A copy of the undertaking shall be supplied to the Petitioners 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 Chandka 3 CA-60-11 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.)