wp4172.03 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH
WRIT PETITION NO. 4172 OF 2003
Nature Conservation Society,
a society registered under Societies
Registration having its office at
"Pratishtha", 1st Floor, Bharat Nagar,
Akoli Road, Near Sai Nagar,
Amravati through its Secretary
Kishore Dnyaneshwar Rithe. ... PETITIONER
Versus
1. State of Maharashtra
through its Secretary, Department
of Urban Development, Mantralaya,
Mumbai 400 032.
2. Amravati Municipal Corporation
through its Commissioner,
Rajkamal Square, Amravati.
3. The Tree Authority under the
Maharashtra (Urban Areas)
Preservation of Trees Act, 1975
through its Chairman, Amravati
Municipal Corporation, Amravati.
4. The Executive Engineer & Member
Secretary, IRDP Project, Amravati. ... RESPONDENTS
Ms. R.V. Kaliya, AGP for the respondents.
.....
CORAM : B.P. DHARMADHIKARI &
ROHIT B. DEO, JJ.
JUNE 08, 2017.
ORAL JUDGMENT : (PER B.P. DHARMADHIKARI, J.) Nobody appears for the petitioner.
::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:54:30 ::: wp4172.03 2
2. Ms. Kaliya, learned AGP for the respondents has invited our attention to the orders of this Court dated 10.11.2003, 02.09.2004, 23.09.2004, 02.02.2005 and 23.02.2005. These orders consider the grievance of the petitioner - Trust about unnecessary cutting of trees by Corporation of City of Amravati, while developing roads in Amravati town under Integrated Road Development Programme (I.R.D.P.).
3. This Court has in its orders mentioned supra, issued necessary directions. The work of I.R.D.P. is already over. As per orders of this Court dated 09.02.2005, only question which may survive is about the plantation of trees in the City of Amravati so as to compensate for the loss suffered to environment by felling of trees for construction/ widening of above roads.
4. The petitioners have not filed any additional affidavit thereafter pointing out that work of replantation has not been taken up.
::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:54:30 ::: wp4172.03 3
5. In this situation, we find that interest of justice can be met with by directing the Registry of this Court to register another Public Interest Litigation (PIL) on the strength of orders mentioned supra, only to go into the exercise of replantation, if any, undertaken in terms thereof. Accordingly, a fresh PIL be registered against the respondents in the matter.
6. We dispose of this writ petition which has been treated as PIL as its main purpose is already achieved. However, its record shall be preserved and made available for consideration in a fresh PIL.
7. Accordingly, subject to said direction, Writ Petition No. 4172 of 2003 is disposed of. Rule discharged. However, there shall be no order as to costs.
JUDGE JUDGE
******
*GS.
::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:54:30 :::