PNP 1 cai146-11-21.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.146 OF 2011 IN PIL NO.93 OF 2009 Deepak Balkrishna Vahikar and another ..Petitioners. vs. The State of Maharashtra and others ..Respondents. And Durgamata Pratisthan. ..Applicant - Intervener ..... Mr. Sameer Khale for the Applicant. 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 & A.A.SAYED, JJ. November 21, 2011. P.C. : The Applicant seeks permission to transplant one tree. The report of the expert committee is on record. We grant permission to the Applicant subject to the following conditions: (a) The Applicant shall file a written undertaking of a director stating - (i) That a plan shall be annexed to the undertaking earmarking the places at which the trees shall be transplanted; (ii)The name of the agency which shall carry out the transplantation; (iii)The trees which are to be transplanted shall not be small PNP 2 cai146-11-21.11.sxw saplings, but shall be half grown trees of a sufficient growth which shall ensure their survival; 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 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. 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.)