Bombay High Court
Ulhasnagar Municipal Corporation, ... vs Mr. Purshottam Lilaram Khanchandani on 3 February, 2023
Author: Sandeep V. Marne
Bench: S.V. Gangapurwala, Sandeep V. Marne
1/3 17-IA-3572-2022-PIL-155-2016.doc
rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3572 OF 2022
IN
PUBLIC INTEREST LITIGATION NO. 155 OF 2016
Ulhasnagar Municipal Corporation ... Petitioner
through its Municipal Commissioner
vs.
Mr. Purshottam Lilaram Khanchandani ... Respondent
WITH
CONTEMPT PETITION (ST) NO. 29984 OF 2022
Sarita Purshottam Khanchandani and Anr ... Petitioners
vs.
The State of Maharashtra through ... Respondent
Government Pleader
Mr. Vishwajit Sawant a/w. Mr. Suresh Kamble and Mr Bhavesh
M and Mr. Rajendra Desai for the Applicant in IA.
Mr. B. V. Samant, AGP for the State - Respondent nos. 9, 10, 11
and 12.
Mr. Purshottam L. Khanchandani, Petitioner in person in
PIL/155/2016.
CORAM : S.V. GANGAPURWALA, ACJ. &
SANDEEP V. MARNE, J.
Digitally signed by RAJESHWARI RAJESHWARI RAMESH DATED : 3 FEBRUARY, 2023 RAMESH PILLAI PILLAI Date:
2023.02.06 17:05:05 +0530 2/3 17-IA-3572-2022-PIL-155-2016.doc P.C. :-
1. This court under order dated 18 th, 19th, 20th and 23rd April, 2018 directed the Corporation to reconstitute Tree authority and to place the subject of reconstitution of Tree Authority before the first General Body meeting.
2. The Tree Authority is not yet constituted though more than four and half years has lapsed. We are not convinced with the submission of the learned counsel for the Corporation that the Corporation is not getting the persons with special knowledge or practical experience in the planning and preservation of trees as a members of the Tree Authority. In absence of a Tree Authority, Municipal Commissioner has been exercising powers under First Proviso to Sub-Section 4 of Section 3 of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act 1975 for the last about 5 long years.
This Court has classified that powers under above provision can be exercised by the Municipal Commissioner by taking advice of an expert in the field.
3. Now the learned counsel for the corporation has placed on record the letter issued by the Deputy Commissioner for the 3/3 17-IA-3572-2022-PIL-155-2016.doc Corporation of one Mr. Nagesh Virkar appointing him as an expert person to conduct survey of trees in dangerous conditions. This appears is being done as per clause (x) of paragraph 68 of the order dated 18th, 19th, 20th and 23rd April 2018. It is high time steps are taken.
4. It is submitted today that the General Body is not in existence. Be that as it may, the steps as are warranted and desired as per earlier orders of this court are not been undertaken in its true letter and spirit. In absence of competent Tree Authority, it appears that the Commissioner is exercising the powers who certainly cannot be considered to be an expert.
5. On the next date, the Corporation with the assistance of Mr. Nagesh Virkar, shall on affidavit place on record the further steps undertaken in this regard.
6. Place the matter on 15 March 2023.
(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)