Nature Conservation Society ... vs State Of Mah. Thr. Secr.Mumbai And ...
2017 Latest Caselaw 2965 Bom

   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.

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.

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.