IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO. 440 OF 2008 PETITION NO. 440 OF 2008 PETITION NO. 440 OF 2008 Nakhuda Mohamed Ali Rogay ] .. Petitioner Versus 1. The State of Maharashtra & 17 ors. ] .. Respondents Mr. D.D. Madon, senior counsel with S.J. Chaurasia i/b M/s. Ashoka Law Firm for the petitioner. Mr. N.P. Pandit, AGP, for the respondents No.1,4 & 5. Mr. N.A. Shaikh for the respondents No.2 & 3. Mr. Chirag Balsara i/b M/s. Divya Shah & Associates for the respondents No.7 to 18. Ms. Shruti Desai for the respondents No.16. CORAM: S.B. MHASE & A.A. KUMBHAKONI, JJ. DATED: 18TH JUNE, 2008 P.C. : 1. Heard the counsel for the parties. 2. The grievance of the petitioner, mainly, is that the Trustees and the officers of the Trust of Bada Qabrastan are cutting the trees illegally without taking the necessary permission from the Tree Officer. On the other hand, the Trustees have stated in their Affidavit that they have obtained the necessary permissions from : 2 : the Tree Officer. The Tree Officer, when asked in the open court, stated that no such permissions have been granted. However, thereafter, certain permissions were produced by the learned counsel appearing for the Bada Qabrastan. These permissions, which are allegedly issued by the office of the Tree Officer, were shown to the Tree Officer upon which he states that he will have to verify the authenticity and correctness thereof from the record of his office. 3. We find from the Affidavit filed on behalf of Bada Qabrastan that a census of the trees situate in the premises of Bada Qabrastan was conducted on 12th October, 2006 by the respondent No.3 and the report in that regard has been prepared on 14th October, 2006 which shows that 434 trees of various species existed in the premises of Bada Qabrastan as on the date of census. Thus, in view of the report, it is an admitted position as to how many trees were standing in the premises of Bada Qabrastan around 12th/14th October, 2006. 4. The grievance of the petitioner at this stage can be redressed by giving directions to the Tree Officer, who is present in court, to conduct an enquiry into the allegations of the petitioner. : 3 : 5. We direct the Tree Officer to visit the premises of Bada Qabrastan in the presence of the petitioner and the Trustees and verify how many trees have been cut by the Trustees and their officers. He shall also verify how many trees have fallen due to natural calamities and as to how many trees are existing. This exercise will be conducted with relevance to and in the light of report dated 14th October, 2006. 6. If the Tree Officer finds that certain trees have been cut by the Trustees of Bada Qabrastan and/or their officers without the permission of the Tree Officer, then he is further directed to initiate appropriate proceedings in accordance with law. 7. With the above directions, the Petition is disposed of. Sd/- Sd/- [A.A. [A.A. [A.A. KUMBHAKONI, J.] KUMBHAKONI, J.] KUMBHAKONI, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]