1 srk ca-131-10.sxw THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.131 OF 2010 IN PUBLIC INTEREST LITIGATION NO.93 OF 2009 Shri Deepak Balkrishna Vahikar and another. ... Petitioners Versus The State of Maharashtra and others. ... Respondents And Automotive Research Association of India ... Applicant/intervenor Mr. A.P. Kulkarni i/by Mr. Sameer Khale and Mr. Chirag Chavan for the applicant. Mr. V.A. Sonpal, `A' Panel Counsel for respondent-State. Mr. A.A. Kumbhakoni with Ms. Sadhana Mahashabde for respondent Nos.2 and 3. Mr. P.P. Killedar for petitioners in PIL 93 of 2009. CORAM : MOHIT S. SHAH, C.J. & DR, D.Y. CHANDRACHUD , J. Thursday, October 21, 2010 P.C. The applicant is an undertaking of the Central Government under the Ministry of Heavy Industries and Public Enterprises. The applicant has made the following averments in para 5 of the application: 5. The Applicant states that in all there are 117 trees existed on the said property. The applicant states that in addition to the above mentioned existed trees the applicant has also planted new 210 trees over the said property. The applicant further states that, while proceeding with the Development work as per the plan sanctioned by the Respondent No.2, it is found that 40 trees out of 2 srk ca-131-10.sxw the abovementioned 117 trees existed on the said property which are creating obstruction for carrying out the construction of the proposed building over the said property as per the sanctioned plan. The details of the aforesaid 40 affecting trees are as follows: Sr.No. Detailed Name No. of Trees 1. Babhul 37 2. Khair 1 3. Kinai 1 4. Bor 1 Total 40 2. During the course of development of the property for construction of building, the applicant is required to remove 40 trees. The applicant undertakes that for each one tree to be removed, three trees will be replanted of the same variety. 2. It appears that the expert committee has granted permission for uprooting/transplanting the above number of trees and the applicant has also given an undertaking separately to the application for replanting the trees. 3. Corporation shall also verify whether the undertaking is carried out or not. The applicant shall file an undertaking to the above effect with a photograph of the trees to be cut, before this Court within two weeks, with a copy to the petitioners' advocate. Permission shall take effect only after the undertaking as aforesaid is filed. 4. We also record the statement of the learned counsel for the Corporation that for each tree being uprooted/removed from the location, the Corporation requires such applicant to deposit a sum of Rs.10,000/- per tree 3 srk ca-131-10.sxw and that the amount will be refunded only upon being satisfied that the undertaking has been complied with. 5. In view of the above, permission as prayed for is granted and this civil application stands allowed in terms of prayer clause (b). CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.