Mohan Lal Gupta vs Municipal Corporation Of Delhi & ...
2009 Latest Caselaw 4301 Del

1.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     W.P.(C) 8561/2009

      MOHAN LAL GUPTA                       ..... Petitioner
                    Through Mr. S.N. Pandey, Advocate.

                   versus

      MCD & ANR.                             ..... Respondents
                         Through Mr. K. Datta, Advocate for
                         respondent-MCD.
                         Ms. Zubeda Begum, Advocate for respondent No.
                   2.

      CORAM:
      HON'BLE MR. JUSTICE SANJIV KHANNA

                ORDER

% 23.10.2009

1. I have gone through the counter affidavit filed by the respondent

No. 2 and the photographs placed on record by the petitioner. The

petitioner had filed an application for cutting a tree about one feet in

diameter, which has grown in front of drive way of his house No. 229,

Vaishali, Pitampura, Delhi-34.

2. By order dated 7th January, 2009, the Tree Officer and Deputy

Conservator of Forest granted permission for felling of one tree on deposit

of Rs.1,000/- towards cost for compensatory plantation of ten saplings in

lieu of the said tree. This permission was subsequently modified vide

order dated 20th January, 2009 with the direction that the tree will be

transplanted and relocated at a different location at the cost of the petitioner. This was followed by a third order dated 19th March, 2009

holding that the tree in question does not cause any major inconvenience

to the owner of the said property, thus, the removal does not merit any

consideration.

3. It is apparent that the three orders are contradictory in nature.

Normal presumption is that the first order dated 7th January, 2009 was

passed after considering the facts of the case and conducting necessary

enquiry. The petitioner has already deposited Rs.1,000/- with the

respondents. The photographs shown to the counsel for the petitioner in

the Court reveal that the said tree is right outside to the house of the

petitioner and is obstructing the drive way. The respondents will relocate

and transplant the tree to a different location in terms of order dated 7th

January, 2009 read with order dated 20th January, 2009. Rs.1,000/-

deposited by the petitioner will be utilized for the said purpose.

The writ petition is disposed of. No order as to costs.

SANJIV KHANNA, J.

OCTOBER 23, 2009 VKR