1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Public Interest Litigation No. 19/2010 1. Narendra s/o Jaggannathji Mohata, aged about 52 years, Occ. Legal Practitioner, r/o ‘Konark’ Opp. C.T.O. Near Nag Vidarbha Chamber of Commerce, Civil Lines, Nagpur-01. 2. Dr. Shyamkant s/o Kamalkant Padole, aged about 61 years, Occ. Retired Professor, and Head of Department of Botany, r/o 19 Ravindra Nagar, PMG Housing Society, Nagpur-23. 3. Kishor s/o Nandlalji Verma, aged 62 years, Occ. Retired Journalist, r/o Desh Apartment, 202/4, Bajaj Nagar, Nagpur. 4. Dr. Dattatraya s/o Madhukarrao Saraf, aged about 53 years, Occ. Ayurvedic Practitioner, r/o 295, Swapnil Sagar, North Ambazari Road, Gokulpeth, Nagpur-10. 5. Jayant s/o C G Pathak, aged about 63 years, Occ. Retired Govt. Servant, r/o 283, Abhyankar Nagar, Nagpur. .....PETITIONERS ...V E R S U S... 1. Union of India, through its Principal Secretary, Ministry of Environment and Forest, Government of India, New Delhi. 2 2. State of Maharashtra, through its Secretary, Ministry of Environment, Government of Maharashtra, Mantralaya, Mumbai. 3. The City of Nagpur Municipal Corporation, Through Municipal Commissioner, Civil Lines, Nagpur. 4. The Nagpur Improvement Trust, through its Chairman, Civil Lines, Nagpur. ....RESPONDENTS ------------------------------------------------------------------------------------------------ Mr. Anand Parchure with Mr. Bhushan Mohta, Advocates for petitioners. Mr. S. K. Mishra, Advocate for for respondent no.1 and 3. Mr. T. A. Kanakale, A.G.P. for respondent no. 2. Mr. N. W. Sambre, Advocate for respondent no.4. ------------------------------------------------------------------------------------------------ CORAM:- S. A. BOBDE & A. B. CHAUDHARI, JJ. DATE :- 7 th JULY , 2010 ORAL JUDGMENT (Per:- S. A. Bobde, J.) 1. Rule. Rule returnable forthwith. Heard finally by consent of the parties. 3 2. The petitioners have sought a direction to the Municipal Corporation for plantation of Tulsi within the limits of city of Nagpur. The Garden Superintendent of the Nagpur Municipal Corporation Mr.Nareshchandra Baburao Shrikhande, has filed an affidavit dated 05.07.2010 inter alia stating that the Corporation has decided to undertake Tulsi plantation by developing the existing garden at Kachipura into Tulsi Udyan and also at Bhonslewadi, Tulsibagh area, Nagpur. It is further stated in the affidavit that the Nagpur Municipal Corporation has decided to plant five species of Tulsi in the gardens known as Tulsi Udyan. The Corporation has also decided to plant Tulsi in various parks of the city with the help of vigilant citizens of the Nagpur city by distributing Tulsi saplings to the citizens. In the affidavit, it is stated that an appeal has also been made to the NGO’s Institutions, Clubs, Business houses to sponsor tree guards for plantation. The said appeal has been published by Municipal Corporation in the leading newspaper of the city of Nagpur. As regards the plantation of other kind of trees, the Corporation has 4 stated that 24 prominent roads of the City having 25 km. of length will be used for plantation of 3000 trees and that the species of the trees will be decided according to the road width, overhead wires and the other surrounding conditions in the zones of the city of Nagpur. The Nagpur Municipal Corporation is also going to plant 2000 trees in the protected areas of properties of Nagpur Municipal Corporation i.e. Schools, Fire Stations, Zone Offices and Water reservoirs. The affidavit further states that the Municipal Corporation will undertake the process of plantation of minimum 6500 trees in the Nagpur City during the year 2010-2011. 3. The learned counsel for the petitioners submits that the petitioners would like to serve the city by associating with the plantation drive. Mr. Mishra, the learned counsel for respondent nos. 1 and 3, states that the respondents welcome the participation of the citizens including the petitioners, who would be free to give suggestions regarding types of trees and locations etc., which the Corporation will consider. We, accordingly, accept the affidavit of the 5 Municipal Corporation and direct that the petitioners shall be associated with the plantation drive. We must record our appreciation to the proactive stand taken by the Corporation in the matter of plantation without waiting for any orders of this Court. In view of above, the writ petition stands disposed of. Rule made absolute in the above terms. No order as to costs. JUDGE JUDGE kahale