HC directed BMC to submit photos of trees planted in place of ones allowed to be cut down for road widening
"Tell us the current position of plants and replanted trees as to whether they have grown properly or not?" the Bombay High Court observed, calling upon the Brihanmumbai Municipal Corporation (BMC) to submit photographs of trees they replanted in lieu of those that were allowed to cut, for widening a road at Malad in 2012.
A division bench of Justice Shantanu Kemkar and Justice M S Karnik, has asked the corporation to file its affidavit in the court by September 21. The direction was given during the hearing of a public interest litigation filed by one Divayakant Vaishnav, who has alleged that the corporation has failed to replant 34 trees as promised while seeking permission from the tree authority. In 2012, the petitioner had challenged the tree authority order, which had granted the corporation to cut 43 trees and replant them elsewhere, in order to widen, Dafatary road, in Malad east.
The corporation had contended that a detailed survey of the trees coming in the alignment of the said Daftary Road was made and the Executive Engineer (Roads) sent letter dated October 18 2011, for removal of 43 trees, out of the existing 70 trees affecting the proposed widening of the Daftary Road. It is further stated in the affidavit that 43 trees were falling in the alignment of road carriage way and were thus obstructing the vehicular as well as pedestrian traffic. Objections were invited for the proposal for cutting of trees and that after considering the objections, the Tree Authority passed the resolutions under challenge. Accordingly, the court had in 2012, refused to entertain the challenge to the permission granted by the tree authority. The civic body was then supposed to plant 33 and re-transplant 1 tree.
Advocate Pooja Yadav appearing for the civic body informed the court that around 17 trees have been planted and one tree has been re-transplanted, at civic gardens, in Malad east. While, she sought time for providing details of the other 16 trees which were to be replanted. To which the court said "File a proper affidavit."
STATE OF AFFAIRS
- A division bench of Justice Shantanu Kemkar and Justice M S Karnik, has asked the corporation to file its affidavit in the court by September 21
- The direction was given during the hearing of a public interest litigation filed by one Divayakant Vaishnav, who has alleged that the corporation has failed to replant 34 trees as promised while seeking permission from the tree authority in 2012
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