1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.3424 OF 2008 (Smt. Seema S. Sahu vs. State and others) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : FEBRUARY 2, 2009 Heard Shri Parchure, learned amicus curiae, Mrs. Joshi, learned Assistant Government Pleader for the respondent nos. 1 and 2, Shri Bhangde, learned Senior Counsel for the respondent no.3, and Shri Parsodkar, learned Counsel for the respondent no.4. In the present petition, the grievance of the petitioner is against the illegal felling of trees in Ambewadi area by the respondent no.3. In view of our earlier order, the joint survey report dated 27.12.2008 is filed on record. The joint survey conducted by the Officers concerned shows that there are 197 trees standing on the land in Ambewadi area, which belongs to 2 respondent no.3. The respondent no.3 has already removed 68 trees/shrubs (small and big), but their roots are yet to be removed. The joint survey report further gives details about the names (species) of 197 trees, which are standing on the Ambewadi area. Shri Bhangde, learned Senior Counsel for the respondent no.3, states that respondent no.3 has already approached the Tree Officer and sought permission to fell 197 trees under the provisions of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975. However, the said application is pending for decision before the Tree Officer. Shri Parsodkar, learned Counsel for the respondent no.4, states that the application submitted by the respondent no.3 seeking permission to fell the 197 trees will be considered in accordance with the provisions of Section 8 of the Act of 1975 and appropriate decision in accordance with law shall be taken within a period of eight weeks from the date of communication of this order. 3 Section 8 of the Act of 1975 deals with restrictions on felling of trees and procedure required to be followed by the Tree Authority on receipt of the application seeking permission to fell the trees. Since decision in accordance with provisions of Section 8 of the Act of 1975 is required to be taken by the Tree Officer on the application of respondent no.3 on its own merits, we do not want to express anything in this regard one way or the other and it is for the Tree Officer to consider the request of the respondent no.3 in accordance with provisions of Section 8 of the Act of 1975 as well as any other law or procedure applicable in this regard. In the backdrop of the above referred facts, the grievance of the petitioner so far as this aspect of the matter is concerned, appears to be redressed. As per the joint survey report, about 68 trees in Ambewadi area are alleged to have been cut by the respondent no.3. Shri Parsodkar, learned Counsel for the respondent no.4, states that the charge-sheet in respect of same is already filed in the Court of Judicial Magistrate, First Class. 4 Shri Bhangde, learned Counsel for the respondent no.3, on the earlier occasion requested this Court to permit respondent no.3 to remove the roots/stems of uprooted trees, which are below the ground. Since charge-sheet is filed in the competent Criminal Court for removal of 68 trees without permission, it is open for the respondent no.3 to move the Criminal Court and seek appropriate permission for removal of roots/stems of such trees, since this is the part of evidence in the said criminal trial. For the reasons stated hereinabove, we do not propose to keep the present petition pending and, therefore, same is disposed of accordingly. JUDGE JUDGE khj