1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.120 OF 2009 IN PUBLIC INTEREST LITIGATION NO.93 OF 2009 The Executive Engineer, PWD, Pune .. Applicant Vs. Shri.Deepak Balkrishna Vahikar & Ors. .. Respondents Mr.P.P.Killedar for original Petitioner. Mr.V.A.Sonpal, A Panel Counsel for Applicant. ‘ ’ Dr.Sadhana Mahashabde for Respondent Nos.2 & 3. CORAM : J. N. PATEL & A.A.SAYED, JJ DATE : 2ND DECEMBER, 2009 P.C. : 1. This is an application filed by the Executive Engineer, PWD, Pune seeking permission to the Applicants for re-plantation/shifting of 21 trees and the cutting of 19 trees as per the recommendations of the Expert Committee in their reports dated 30.9.2009 and 15.10.2009. 2. Today the affidavit of Dr.Shivahari Vitthalrao Ghorpade, Dean of B.J.Medical College & Sassoon Hospital has been filed wherein the Dean has given an undertaking that he will abide by the recommendation of the Expert Committee dated 30.9.2009 and 15.10.2009 to replant the 21 trees in the same plot of land as per rules. He has also ensured the 2 plantation of 57 new trees in the said plot of land as per rules. He further gives an undertaking that he will abide by the requisite norms for manitenance and upkeep of the trees so planted as per the requirement of the Tree Authority. The said undertaking is taken on record and accepted. Affidavit in reply filed by Mr.Bhanudas Mane, Deputy Commissioner, Garden Department, Pune Municipal Corporation, Pune is also taken on record. 3. We therefore find that all the required formalities in respect of the applicant have been complied with. Hence, the application is allowed in terms of prayer clause (a). 4. Civil Application is disposed of. (J.N.PATEL, J) (A.A.SAYED, J)