HC lets Nashik civic body cut 27 trees, asks it to plant 200
MUMBAI: The Bombay high court (HC) recently permitted the Nashik Municipal Corporation (NMC) to fell 27 trees in Nashik, after the civic body gave an undertaking that it would transplant the 27 trees and plant around 200 trees as a compensatory measure.
The court was hearing a public interest litigation (PIL) filed by citizens’ group Nashik Nagrik Kruti Samiti, opposing the NMC’S proposal to cut the trees in order to build an auditorium. The move would negatively impact the area’s ecology and the permission was sought by vested interests, the Samiti claimed.
The division bench of justices B R Gavai and M S Karnik struck down the plea, stating that the NMC would also have to be responsible for survival of the new trees. As per existing rules, three saplings have to be planted in lieu of each tree that is felled.
The counsel for the NMC had submitted an affidavit, stating that the civic body had already transplanted four of the 27 trees and planted 50 additional trees. It would further plant 150 more trees, the affidavit stated. However, the bench then asked the corporation and the state to file an additional affidavit, giving details regarding the status of the 50 trees that have been planted and where the remaining 150 will be planted.
The 50 trees, planted in the divisional commissioner’s office, were in good condition and were being taken care of, said the additional affidavit.
The remaining 150 would either be planted on the same premises or at the distillery quarters in Nashik, it stated.
After going through the affidavit, the bench said, “Twentyseven trees are permitted to be pulled down. However, we direct the applicant that the statement made in the affidavit that the [transplanted trees, trees that are planted and trees to be planted] will be taken due care of by the public works department (PWD), Nashik shall be made by giving undertaking to this court.”
THE CIVIC BODY ALSO ASSURED HC THAT IT WOULD TRANSPLANT THE 27 TREES