M/S INDIRANGAR 2ND STAGE LEAGUE v. THE DEPUTY FOREST CONSERVATOR
WP/24726/2024 · 2025-01-06
N S Sanjay Gowda
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 32735 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32735 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:79 WP No. 24726 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 24726 OF 2024 (LB-BMP) BETWEEN:
1.
M/S INDIRANGAR, 2ND STAGE LEAGUE (A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT 1960) HAVING ITS REGISTERED OFFICE AT NO.17 1ST CROSS, 10TH A MAIN INDIRANAGAR, BENGALURU 560038
REP BY ITS PRESIDENT SHRI RAJKUMAR PILLAI. …PETITIONER (BY SMT. JAYNA KOTHARI, SENIOR COUNSEL FOR SRI. MADHAV B KASHYAP., ADVOCATE)
AND:
1.
THE DEPUTY FOREST CONSERVATOR BRUHAT BENGALURU MAHANAGARA PALIKE FOREST DEPARTMENT HEAD OFFICE, BRUHAT BENGALURU MANAHAGARA PALIKE 2ND FLOOR, N R SQUARE, BENGALURU 560002.
2.
THE ASSISTANT FOREST PROTECTION OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE FOREST DEPARTMENT HEAD OFFICE, BRUHAT BENGALURU MANAHAGARA PALIKE 2ND FLOOR, N R SQUARE, BENGALURU 560002.
3.
THE ZONAL FOREST OFFICER EAST ZONE BRUHAT BENGALURU MAHANAGARA PALIKE
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:79 WP No. 24726 of 2024
FOREST DEPARTMENT HEAD OFFICE BRUHAT BENGALURU MANAHAGARA PALIKE 2ND FLOOR, N R SQUARE, BENGALURU 560002.
4.
NAWAB ABUL AGED MAJOR,
5.
MAJID KHAN AGED MAJOR,
6.
ANJUM SULTANA KHAN AGED MAJOR,
7.
MS. KHALEEQUNNISSA JEHAN BEGUM KHAN, AGED MAJOR,
8.
MS. NASIHA JEHAN BEGUM KHAN AGED MAJOR,
R-4 TO 8 ALL RE R/AT NO.259, NO.72-2-259, 10TH MAIN, 1ST CROSS, DEFENCE COLONY, INDIRANAGAR, BANGALORE -560038 …RESPONDENTS (BY SRI. B.L.SANJEEV., ADVOCATE FOR R-1 TO R-3;
SRI. H.M.HARSHA., ADVOCATE FOR R-4 TO R-8)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE
ORDER DATED 14.08.2024 PASSED BY THE R2/ ASSISTANT FOREST PROTECTION OFFICER (PRODUCED VIDE ANNEXURE-A), ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:79 WP No. 24726 of 2024
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. This petition was filed challenging an order by which permission was granted to fell one gulmohar tree vide Annexure-A.
2. The Bruhat Bengaluru Mahanagara Palike (BBMP) has filed statement of objections in which it has stated that as objections had been raised by the residents, they had withdrawn the order (Annexure-A) by issuing another order on 03.09.2024.
3. It is, therefore, clear that the prayer sought for in this Writ Petition would not survive for consideration.
4. Learned Senior Counsel, however, submits that it is quite probable that the BBMP would proceed to grant one more permission in the same line.
5. It is, therefore, made clear that in the event a fresh application is made by the contesting respondents for felling of this particular tree, the petitioner, which is
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NC: 2025:KHC:79 WP No. 24726 of 2024
an Association, shall be heard before it considers the said application.
6. Subject to the above, Writ Petition is disposed of.
7. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE
HNM List No.: 1 Sl No.: 52