PNP 1 CA197-12.1.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.197 OF 2010 IN PIL NO.93 OF 2009 Deepak Balkrishna Vahikar and others ..Petitioners. vs. The State of Maharashtra and others ..Respondents. And Marvel Promoters and Developers Through its Authorized Director Vishwajeet Subhash Jhavar ..Applicant Intervener. ..... Mr. Sameer Khale for the Applicant. Ms. Vrunda Surve i/b Mr. P. P. Killedar for the Petitioners. Mr. V.A. Sonpal, A Panel counsel for Respondents 1 and 4. ‘ ’ Dr. Sadhana Mahashabde for Respondents 2 and 3. ...... CORAM : DR.D.Y.CHANDRACHUD & ANOOP V. MOHTA , JJ. 12 January 2011. P.C. : The Applicant seeks permission to transplant 5 trees. The report of the expert committee is on record. We grant permission to the Applicant subject to the following conditions: (a) The Applicant shall file a written undertaking of an authorized representative stating - (i) The place on which the trees shall be transplanted within the property of the Applicant and annexing a plan earmarking the place of transplantation; (ii) The agency that will be selected for carrying out the PNP 2 CA197-12.1.sxw work of transplantation shall have sufficient experience in the field; (iii)The Applicant shall continue to maintain the trees for a period of two years after the transplantation; (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. 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). (Dr. D.Y. Chandrachud, J.) (Anoop V. Mohta, J.)