Kapil Tanwar vs North Delhi Municipal ...
2021 Latest Caselaw 3326 Del

                                      $~43
                                      *IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      %                                     Judgment delivered on: 06.12.2021

                                      +      W.P.(C) 11108/2021
                                      KAPIL TANWAR                                              ..... Petitioner
                                                                   versus

                                      NORTH DELHI MUNICIPAL CORPORATION & ORS.
                                                                                                     ..... Respondents

                                      Advocates who appeared in this case:
                                      For the Petitioner:           Mr. Avadh Kaushik, Advocate (Through VC).
                                      For the Respondent:           Mr. Anand Prakash, Standing Counsel, North DMC
                                                                    with Ms. Varsha Arya, Advocate for R-1 & 2 (through
                                                                    VC)
                                                                    Mr. Zahid, Advocate for GNCTD/R-3 & 4 (through
                                                                    VC)
                                                                    Mr. Ashutosh Jha, Advocate for R-5 (through VC)
                                      CORAM:-
                                      HON'BLE MR. JUSTICE SANJEEV SACHDEVA

                                                                      JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks a direction to respondent Nos.1 to 4 to remove the subject tree adjoining to property No.WZ 825, Naraina Village, Delhi which is allegedly leaning towards petitioner's House No.WZ 826, Narina Village, Delhi.

2. It is contended that the tree is between the two properties and because a part of the wall of property of respondent No.1 has fallen down, the tree has become dangerous.

Signature Not Verified
                                      W.P(C) 11108/2021                                             Digitally Signed      1
                                                                                                    By:JUSTICE SANJEEV
Digitally Signed By:KUNAL                                                                           SACHDEVA
MAGGU                                                                                               Signing Date:06.12.2021
Signing Date:07.12.2021 18:27:24                                                                    23:23
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.

3. Learned counsel appearing for the Municipal Corporation submits that the Municipal Corporation has no concern because the tree is on a private property and parties have to apply to the concerned Tree Officer for appropriate directions.

4. Learned counsel appearing for respondent Nos. 3 & 4 submits that if an appropriate application is filed the Tree Officer shall carry out proper assessment and pass appropriate orders.

5. Learned counsel appearing for the petitioner submits that he shall be making an appropriate application.

6. Learned counsel appearing for respondent No.5 submits that he has no objection in case the application is filed by the petitioner and appropriate orders are passed by the Tree Officer. He assures that respondent No.5 shall cooperate with the petitioner in all manners required.

7. The petition is accordingly disposed of permitting petitioner to file an appropriate application to the Tree Officer in accordance with the rules. On such an application being filed, The Tree Officer shall decide the same expeditiously in accordance with law without being influenced by anything stated on merits in this order.

8. The Tree Officer shall, however, not insist upon a no objection from or a joint application by respondent No. 5.

9. Petition is accordingly disposed of in the above terms.

                                      DECEMBER 6, 2021/rk                             SANJEEV SACHDEVA, J

Signature Not Verified
                                      W.P(C) 11108/2021                                            Digitally Signed      2
                                                                                                   By:JUSTICE SANJEEV
Digitally Signed By:KUNAL                                                                          SACHDEVA
MAGGU                                                                                              Signing Date:06.12.2021
Signing Date:07.12.2021 18:27:24                                                                   23:23
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.