1 srk ca-137-10.sxw THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.137 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 Dr. Shashank Subhashchandra Shah ... 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. During the course of development of the property for construction of hospital, the applicant is required to cut 4 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. 2 srk ca-137-10.sxw 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 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.