PNP 1 CAI100-8.7.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION \ CIVIL APPLICATION NO.100 OF 2011 IN PUBLIC INTEREST LITIGATION NO.93 OF 2009 Deepak Balkrishna Vahikar and another ..Petitioners. vs. The State of Maharashtra and others ..Respondents. And The Deputy Municipal Commissioner, PMC and another ..Applicants. ..... Ms. Vrunda Surve with Ms. S.P. Potbhare i/b Mr. Priten P. Killedar for the Petitioners. Mr. Vinay A. Sonpal, A panel counsel for Respondents 1 and 4. Dr. Sadhna Mahashabde for the Applicants and Respondents 2 and 3. ...... CORAM : DR.D.Y.CHANDRACHUD & ANOOP V. MOHTA, JJ. 8 July 2011. P.C. : The Applicant is the Municipal Corporation. The Corporation proposes to carry out road widening from Dhayari Phata to Nanded Phata. 241 trees would be affected. 97 trees are required to be cut while 144 trees will be replanted. The expert committee has submitted its report. The Corporation has stated in Exhibit C to the affidavit that 300 new trees have been planted. We accordingly grant permission to the Corporation in terms as aforesaid to cut 97 trees PNP 2 CAI100-8.7.sxw and to transplant 144 trees subject to the following conditions : (a) An undertaking shall be filed of the Deputy Municipal Commissioner concerned 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 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 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 ensuring the proper transplantation of trees and the maintenance of both the trees which are to be replanted and the trees which are to be PNP 3 CAI100-8.7.sxw transplanted. Subject to the undertaking being filed in the aforesaid terms, permission is granted to the Municipal Corporation. The Civil Application is disposed of. (Dr. D.Y. Chandrachud, J.) (Anoop V. Mohta J.)