Chauhan Foundation Thr Its President Jagdish B Chauhan v. Dahanu Municipal Council Thr Its Chief Officer And ORS

Digitally signed by MEERA MAHESH JADHAV Date:

2025.02.20 11:42:45 +0530 MEERA MAHESH JADHAV 1 901-PIL-27-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 27 OF 2025 Chauhan Foundation through its President Jagdish B. Chauhan

...Petitioner

Vs.

Dahanu Municipal Council through its Chief Officer & Ors.

...Respondents

Mr. Arjun Kadam for Petitioner.

Mr. O. A. Chandurkar, Addl GP with Mrs. G. R. Raghuwanshi, AGP for Respondent No.3.

CORAM : ALOK ARADHE, CJ. & ARIF S. DOCTOR, J.

DATE : 18TH FEBRUARY, 2025 P.C.:- This petition, filed as public interest litigation, challenges the order dated 28th January 2025 passed by the Chief Officer of the Dahanu Municipal Council, by which permission to fell 777 trees has been granted in purported exercise of powers under Section 8(2) of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act 1975 (the Act of 1975).

The Learned Counsel for the Petitioner submitted that the impugned order has been passed in flagrant violation of the procedures prescribed under Section 8 of the Act of 1975. The time line indicated in the said provision has not been adhered to.

Issue notice to the Respondents, returnable on 25th March 2025. Learned Additional Government Pleader appears for the Respondent No.3 and waives service of notice.

In the meanwhile, it is directed that the trees shall not be fell until further orders of this court.

(ARIF S. DOCTOR, J.) (CHIEF JUSTICE) Meera Jadhav 1/1