dmt 1 ca;133-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 133 OF 2011 IN P.I.L. NO. 93 OF 2009 Additional Chief Executive Officer, Pune Zilla Parishad Pune & Anr. .. Applicants. versus Deepak Balkriswhna Vahikar. .. Respondent. ..... Mr. S.R. Ganbavale for the Applicants. Ms. Gayatri Singh with Mr. Kranti L.C. for the Petitioner. Mr. Vinay A. Sonpal A Panel Counsel for Respondent Nos. 1 & 4. Dr. Sadhana Mahashabde for Respondent Nos. 2 & 3. ...... dmt 2 ca;133-11 CORAM : DR.D.Y.CHANDRACHUD & A. A. SAYED, JJ. 14 November 2011. P.C. : This civil application is on behalf of the Zilla Parishad, Pune which has constructed a New Administrative Building. As a result of three trees which are coming in the way, the new building cannot be put to complete and effectual use. Necessary permission has been granted for felling three trees. Learned Counsel appearing on behalf of the Applicants states on instructions that three new trees shall be planted for every existing tree to be felled. 2. The Civil Application is accordingly granted subject to the following conditions. (a) The Applicant shall file a written undertaking of an dmt 3 ca;133-11 authorised representative stating - (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 a plan shall be annexed to the undertaking earmarking the places at which the trees shall be replanted; (iv) 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 (v) The Applicants shall continue to maintain the dmt 4 ca;133-11 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 deponent in complying with the undertaking. dmt 5 ca;133-11 3. The filing of the undertaking shall be a condition precedent. (Dr. D.Y. Chandrachud, J.) (A. A. Sayed, J.)