PNP 1 CAI182-24.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.182 OF 2010 IN PUBLIC INTEREST LITIGATION NO.93 OF 2009 Paranjape Schemes (Construction) Ltd. ..Applicant-Intervenor. And Deepak Balkrishna Vahikar and another ..Petitioners. versus The State of Maharashtra & Ors. ..Respondents. ..... Mr. Priten P. Killedar for the Petitioners. Mr. V.S. Kapse for the Applicant in CA 182 of 2010. Mr. Vinay A. Sonpal, A Panel counsel for Respondents 1 and 4. ‘ ’ Dr. Sudhana Mahashabde for Respondents 2 and 3. .... CORAM : DR.D.Y.CHANDRACHUD & ANOOP V. MOHTA , JJ. 24 November 2010. P.C. : The Applicant to the Civil Application seeks permission to fell 12 trees out of which 2 are to be transplanted and 10 are to be uprooted. The report of the expert committee is on record. In the circumstances, we grant permission to fell 12 trees subject to the following conditions : (a) The Applicant shall file a written undertaking of a director stating - PNP 2 CAI182-24.11.sxw (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 trees to be replanted shall be of local species; (iii)That plan shall be annexed to the undertaking earmarking the places at which the trees shall be replanted; (iv)The name of the agency which shall carry out the transplantation; (v) The trees which are to be replanted 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 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 department in complying with the undertaking. PNP 3 CAI182-24.11.sxw 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). No costs. (Dr. D.Y. Chandrachud, J.) (Anoop V. Mohta, J.)