M/S INDIRANAGAR 2ND STAGE LEAGUE v. THE DEPUTY FOREST CONSERVATOR
WP/23829/2025 · 2025-08-12
M I Arun
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 55124 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55124 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31181 WP No. 23829 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 23829 OF 2025 (LB-BMP) BETWEEN:
M/S INDIRANAGAR 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 - 560 038
REPRESENTED BY ITS PRESIDENT SHRI. RAJKUMAR PILLAI. …PETITIONER (BY SRI. MADHAV BALAJI KASHYAP, ADVOCATE) AND:
1.
THE DEPUTY FOREST CONSERVATOR BRUHAT BENGALURU MAHANAGARA PALIKE FOREST DEPARTMENT, HEAD OFFICE, BRUHAT BENGALURU MAHANAGARA PALIKE, 2ND FLOOR, N.R. SQUARE, BENGALURU - 560 002.
2.
THE ASSISTANT FOREST PROTECTION OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE FOREST DEPARTMENT, HEAD OFFICE, BRUHAT BENGALURU MAHANAGARA PALIKE, 2ND FLOOR, N.R. SQUARE,
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:31181 WP No. 23829 of 2025
BENGALURU - 560 002.
3.
THE ZONAL FOREST OFFICER, EAST ZONE, BRUHAT BENGALURU MAHANAGARA PALIKE FOREST DEPARTMENT, HEAD OFFICE, BRUHAT BENGALURU MAHANAGARA PALIKE, 2ND FLOOR, N.R. SQUARE, BENGALURU - 560 002.
4.
NAWAB ABDUL AGED MAJOR,
5.
MAJID KHAN AGED MAJOR
6.
ANJUM SULTANA KHAN AGED MAJOR
7.
MS. KHALEEQUNNISSA JEHAN BEGUM KHAN AGED MAJOR,
R-4 TO 8 ALL ARE R/AT NO.259, NO.72-2-259, 10TH MAIN, 1ST CROSS, DEFENCE COLONY, INDIRANAGAR, BANGALORE - 560 038. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO COMPLY WITH PROVISIONS OF KARNATAKA PRESERVATION OF TREES ACT, 1976 AND THE STANDARD OPERATING PROCEDURE (GUIDELINES/PARAMETERS ADOPTED BY THE TREE OFFICER/DEPUTY CONSERVATOR OF FORESTS,
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HC-KAR NC: 2025:KHC:31181 WP No. 23829 of 2025
BBMP FOR FELLING OF DANGEROUS TREES) OF RESPONDENT NOS. 1 TO 3 WHILE INTERFERING WITH THE GULMOHAR TREE SITUATED AT NO. 259, 10TH MAIN, 1ST CROSS, DEFENCE COLONY, INDIRANAGAR, BENGALURU AND ETC.,
THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
Respondent Nos.4 to 7 requested respondent Nos.1 to 3- Bruhat Bengaluru Mahanagara Palike (for short 'BBMP') for cutting down of a Gulmohar tree situated at No.259, 10th Main, 1st Cross, Defence Colony, Indiranagara, Bengaluru. Respondent Nos.1 to 3-BBMP took steps to cut the trees. Aggrieved by the same, the present writ petition is filed by the petitioner, which is a welfare society of the locality where the tree is situated, with the following prayers:
"WHEREFORE it is most humbly prayed that this Hon'ble Court may kindly be pleased to:
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HC-KAR NC: 2025:KHC:31181 WP No. 23829 of 2025
a) Issue a writ or order in the nature of mandamus directing the Respondents to comply with provisions of Karnataka Preservation of Trees Act, 1976 and the Standard Operating Procedure (Guidelines/Parameters adopted by the Tree Officer/Deputy Conservator of Forests, BBMP for felling of dangerous trees) of Respondent Nos.1 to 3 while interfering with the Gulmohar tree situated at No.259, 10th Main, 1st Cross, Defence Colony, Indiranagar, Bengaluru and b) Pass such other order(s) that this Hon'ble Court may deem fit, in the interest of justice & equity."
2. The learned counsel appearing for respondent Nos.1 to 3-BBMP submits that any action to cut the trees will be done so only in accordance with law after hearing all the stakeholders, including the petitioner as well as respondent Nos.4 to 7. It is further submitted that only certain branches of the tree which were causing a nuisance have been cut in accordance with law.
3. Based on the submission of learned counsel appearing for respondent Nos.1 to 3, the Writ Petition is
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HC-KAR NC: 2025:KHC:31181 WP No. 23829 of 2025
hereby disposed of with a direction to respondent Nos.1 to 3-BBMP to take further steps in respect of chopping the Gulmohar Trees only in accordance with law after hearing the petitioner and respondent Nos.4 to 7.
Sd/- (M.I.ARUN) JUDGE
CH List No.: 1 Sl No.: 21 CT: BHK