vbc 1 cai132.11-30.8.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.132 OF 2011 IN PIL NO.93 OF 2009 Dy.Municipal Commissioner, PMC, Pune. ...Applicant. And Deepak Balkrishna Vahikar and another ..Petitioners. vs. The State of Maharashtra and others ..Respondents. ..... Dr. Sadhna Mahashabde for the Applicant and for Respondents 2 and 3. Mr.Kranti L.C. for the Petitioner. ...... CORAM : DR.D.Y.CHANDRACHUD & A. A. SAYED, JJ. 30 August 2011. P.C. : This Civil Application has been taken out by the Pune Municipal Corporation. Counsel states that the application is confined to seeking permission of the Court to transplant seven trees only. The work is required to be carried out for the construction of a bridge with approach road at Bund Garden. The Expert Committee has granted its permission. Counsel states that the Corporation has already planted twenty one new trees, in addition to which, the seven affected trees will be transplanted. We grant permission to the vbc 2 cai132.11-30.8.sxw applicant subject to the following conditions: Subject to the undertaking being filed in the aforesaid terms, and conditions thereof, the Civil Application is made absolute. (a) The Applicant shall file a written undertaking of an authorized representative 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 new trees to be planted shall be of local species; (iii)That a plan shall be annexed to the undertaking earmarking the places at which the trees shall be transplanted; (iv)The name of the agency which shall carry out the transplantation; (v)The trees which are to be planted shall not be small saplings, but shall be half grown trees of a sufficient growth which shall ensure their survival; and (vi)The Applicant shall continue to maintain the aforesaid trees for a period of two years after the planting of new vbc 3 cai132.11-30.8.sxw trees. (b) A copy of the undertaking shall be supplied to the Petitioner 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 dereliction on the part of the deponent in complying with the undertaking. -(d) A copy of the undertaking shall be placed on the record of the Petition. Subject to the undertaking being filed in the aforesaid terms and conditional thereon, the Civil Application is made absolute in terms of prayer clauses (a) and (b). (Dr. D.Y. Chandrachud, J.) (A. A. Sayed, J.)