Shalvi Pawar And ANR v. Pune Municipal Corporation Thr Its Commissioner And ORS
2025:BHC-AS:28536-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.44 OF 2025 Shalvi Pawar and Anr.
...Petitioners
V/s.
Pune Municipal Corporation and Ors.
...Respondents
______________ Ms. Gayatri Singh, Senior Advocate with ms. Shreya Mohapatra for the Petitioners.
Mr. Abhijit P. Kulkarni, with mr. Shreyas Zarkar, Mr. Abhishek Roy and Ms. Shravani Todkar for Respondent Nos.1 to 3-PMC. Ms. Neha Bhide, GP with Mr. O.A. Chandurkar, Addl. GP and Mrs. G.R. Raghuwanshi, AGP for Respondent Nos.4 to 6. ______________ CORAM: ALOK ARADHE, CJ. & SANDEEP V. MARNE, J.
Dated: 11 JULY 2025.
P.C.:
1) In this Petition filed as Public Interest Litigation, Petitioners, who claim themselves as public spirited individuals have assailed the validity of Resolution No.1/14/ permission dated 14 October 2024 passed by the Chairman of the Pune Municipal Corporation's Tree Authority inter alia on the ground that same is in violation of Maharashtra (Urban Areas) 1 of
Protection and Preservation of Trees Act, 1975. Petitioners also seek to quash and set aside approval dated 6 December 2024, 10 December 2024 and 11 December 2024 passed by the Assistant Municipal Commissioner, Pune Municipal Corporation (PMC) and to restrain the Chairman, Tree Authority from felling and replantation of trees for Riverfront Development Project. 2) We have heard the learned counsel appearing for the parties and have perused the records and the Resolution No.1/14/ permission dated 14 October 2024.
3) Instant Writ Petition has been filed by the Petitioners on 25 March 2025. Respondent No.1- PMC in paragraph 14 of its affidavit-in-reply stated as under:
14. I say that, the permission for cutting of trees for River Rejuvenation Project has been considered by PMC in phase wise manner. As of date, 06 permissions dated 06.12.2024 (1 permission), 10.12.2024 (2. permissions), 11.12.2024(2 permission) and 24.02.2025 (1 permission) i.e. are granted by Tree Authority for cutting of total 1302 trees and transplanting of 1843 trees along around 9 km length of the river Mula-Mutha. Out of the said permissions; cutting of 997 trees and transplantation of 859 trees is completed and further work is in progress. Simultaneously, along with the cutting and/or transplantation of the trees, the execution of project work of River Rejuvenation Project is also going on at site. Annexed hereto and marked as Exhibit "7" are the copies of photographs, showing the progress in the project work at different locations.
4) The aforesaid position, which has been indicated in the affidavit-in-reply was as on 27 April 2025 i.e. on the date of 2 of
filing of the affidavit-in-reply. The learned counsel appearing for the PMC submits that after 27 April 2025 the remaining trees have also been cut /transplanted and the concerned phase of project has been executed.
5) The learned counsel for the PMC submits that under the project the Corporation has planted 5100 trees upto April 2025 and from 27 April 2025 to 11 July 2025, 2,369 trees are planted and that they shall ensure that the aforesaid trees are maintained properly.
6) Needless to state that in case any further proposal is made to the Tree Authority for cutting of the trees for the purposes of the project in question, Petitioners shall be at liberty to raise an objection, if so advised.
7) Accordingly the Public Interest Litigation is disposed of.
8) All contention of both the parties are kept open. [SANDEEP V. MARNE, J.] [CHIEF JUSTICE] Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 11/07/2025 21:02:31 3 of