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Cases

CourtCourt filingOrder DateOrder copyImportant Clauses
Bombay High Court12 October 2023BHC 2023 Judgment.pdf4) We specifically direct that till the entire exercise in terms of this order as also keeping in view the provisions contained in Section 8 of the Tree Act of 1975 is undertaken and completed afresh, no further felling of trees shall take place pursuant to the impugned Notification dated 18th September 2023, which shall abide by the fresh decision to be taken under this order.
District Court PuneCivil Suit final copy.pdf22 November 2023Order 22.11.2023.pdf3. I find it is necessary to issue show cause notice to opponents against reliefs.
District Court Pune22 November 2023Order(02) 22.11.2023.pdf1.Issue suit summons to the defendants for settlement of issues and for filing written statement.
District Court Pune27 November 2023Order 27.11.2023.pdf2. Counsel for plaintiff pressed for status quo order 4.Plaintiffs have filed suit as per provisions of Order 1 Rule 8 of CPC in representative capacity stating subject matter of the suit is whole area of Pune Municipal Corporation and tree felling activities in that area. It is contention of plaintiffs that defendant no. 3 is felling trees by violating provisions of The Maharashtra(Urban Area)Protection and Preservation of Trees Act, 1975 and permitting cutting trees within its area.
District Court Pune6 December 2023Final Order 06.12.2023.pdfSuit was disposed off and withdrawn to further pursue in National Green Tribunal (WZ)
NGT
on GK Road
NGT filed on 4dec2023.pdf4 December 2023Order 4th Dec 2023.pdf6. We (The NGT, Western Zone) can only reiterate the order, which has been cited above, passed by the Hon'ble High Court restraining the respondent No.4 from allowing felling of trees, except in accordance with appropriate procedure to be followed by them.
NGTNGT filed on 6dec2023.pdf6 December 2023Order 6th Dec 2023.pdfApplicants filed an application for temporary injunction to the effect that all trees felling proposals and, in particular, against the operation of all the tree felling notices and tree felling orders passed by the respondent No.4/PMC in respect of felling of trees across the city of Pune be restrained from being felled. Matter was reserved for judgement.
NGTNGT filed on 11dec2023 -not accepted.pdf11 December 2023Chrome.pdfClause 5: Violation s Clauses 6,7,12 and 13 Directed the applicants to implead the Head of the Maharashtra State Tree Authority i.e. Addl. Chief Secretary/Principal Secretary/Secretary, Environment and Climate Change Department
SC
on GK Road
SC Appeal 12.23.pdf15 December 2023SC order 15Dec2023.pdfDirected respondents – especially PMC – to maintain status quo, and refrain from felling trees and/or issuing tree-felling notices in the city of Pune during the pendency of O.A. No. 186/2023 (WZ).
BHC
on GK Road
21 December 2023BHC Order 21.12.23.pdfTree census on regular intervals with effect from December 1996 has not been done using geo tagging as mandated by section 7 of the Act of 1975 to examine the feasibility as to whether by altering the alignment of the road and/or its design, the trees can be saved, the matter may be referred to a Court appointed Committee of experts Further directed that till the next date of listing, no felling of trees shall take place.
28 February 2024bombay_pil-210-2023_.pdf
17 April 2024BHC Order 17.4.24.pdf- Recognition of the root cause as the “supply management strategies” instead of “demand management strategies”.
- Recognition of the reason behind “fait accompli” as the statutory provisions were not followed by the Tree Authority.
- Landmark Judgement: while constructing or widening a road:
= Indian Road Congress guidelines is a Law.
= Provide accessible roads to address the issue of mobility necessary for persons with disabilities.
NGT
on SV ROB
Sadhu Vaswani ROB OA.pdf31 May 2024SV ROB Order 31st May 2024.pdfApplication has been filed seeking quashing of the Docket dated 04.01.2024, prepared by respondent No.2-Pune Municipal Corporation (PMC), on the ground that the same is contrary to the provisions of the Maharashtra Trees Act, 1975 with further prayers that a direction be issued to PMC not to fell any trees for the impugned project unless mandatory procedure as per the Maharashtra Trees Act, 1975 is followed and a direction be issued to PMC to submit an alternate design proposal for the impugned project as per Proviso to Section 8(2) of the Maharashtra Trees Act, 1975.
Hanuman Tekdi Water Tankshttps://tekdi.pune.io/ngt-2024-32-application.pdf22 Feb 2024https://tekdi.pune.io/ngt-2024-32-order.pdfClauses 6-10 16. (a) Respondent No.1 – PMC shall constitute a cell in the form of appointment of an officer who will hold discussion with the stake holders for redressal of their grievances, at least once in two months. This discussion will be held at the project site. Details of the officer so appointed, namely, his name, his official address and cell/telephone number, etc. shall be disclosed at the project site. (b) Respondent No.1-PMC shall adopt environment friendly green mechanism for carrying out the project in consultation with the expert/s in the field.
Hanuman Tekdi Water Tanks - Appealhttps://tekdi.pune.io/ngt-2024-32-review-petition.pdf21 May 2024https://tekdi.pune.io/ngt-2024-32-appeal-order.pdfClauses 2 & 3 : Grounds of the review application without the said compilation having been filed by the respondent No.1, the impugned Order/Judgment has been passed by the Tribunal, hence the same being the error on the face of it needs to be reviewed.