Stephanie Christine Richards v. The Municipal Commissioner Of Greater Mummbai And 6 ORS.
8-pill21-19.doc vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION (LODGING) NO.21 OF 2019 Stephanie C. Richards
...Petitioner
V/s.
The Municipal Commissioner of Gr. Mumbai & Ors.
...Respondents
Ms.M.J. Reena Rolland for the Petitioner.
Ms.Madhavi Tavanandi with Mr.H.C. Pimple for the Respondent Nos.1 to 5.
Ms.Geeta Shastri, A.G.P. with Mr.Kedar Dighe, A.G.P. for the State - Respondent Nos.6 and 7.
CORAM : PRADEEP NANDRAJOG, C.J. & N.M. JAMDAR, J.
DATE : 30TH APRIL, 2019.
P.C. :- 1.
The public interest litigation can be disposed of without calling for a formal reply.
2.
The petitioner has approached this Court filing photographs and with reference thereto pleading that under cover of pruning trees along the streets in Mumbai the trees are being chopped.
3.
The respondents inform that the Maharashtra Housing 1/2
8-pill21-19.doc Area Development Authority sought permission from the Commissioner, Municipal Corporation, Greater Mumbai for pruning the trees in the area within its jurisdiction. The Superintendent of Gardens accorded necessary permission for trimming / pruning. 4.
The grievance of the petitioner, as noted above, is to trees being chopped under the permission granted to trim / prune the trees. We are given to understand that the Corporation issued guidelines on 31st January, 2018 in this regard. Thus, we dispose of the petition directing the 4th respondent i.e. Superintendent of Gardens to treat the petition as a representation to him. With reference to the photographs filed showing the current status of the trees in the area, the Superintendent of Gardens would decide whether it is a case of trimming / pruning or it is a case of chopping the trees. A reasoned decision would be taken and communicated to the petitioner. If the Superintendent of Gardens finds violation of law, action as per law would be taken. The decision shall be taken within three weeks from today.
(N.M. JAMDAR, J.) (CHIEF JUSTICE) 2/2