High CourtsDivision Bench(2022) 03 OHC CK 0201

Ajit Kumar Mohapatra vs Commissioner, Cuttack Municipal Corporation And Others

Orissa High Court · Decided on 31 March 2022

HON’BLE JUDGES
Dr. S. Muralidhar, CJ · R. K. Pattanaik, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) PIL No. 5347 of 2022

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Judgment

5 paragraphs · 210 words
1.

Mr. Debasis Nayak, learned counsel appearing for the Opposite Party- the Commissioner, Cuttack Municipal Corporation (CMC) on advance notice states that the only issue facing them as far as removing the tree which is causing the danger is that the appropriate for such task is available only with the Commandant, ODRAF (Opposite Party No.5). Further, there is a 11 KVA line running in the area which may be affected if the tree were to be cut. The Executive Engineer, TPCODL (Opposite Party No.6) has to cooperate.

2.

Accordingly, notice is issued to both the Opposite Party Nos.5 and 6. Mr. S.N. Das, learned Additional Standing Counsel accepts notice for Opposite Party No.5. Notice on Opposite Party No.6 be served on Dasti within the next one week.

3.

Both the Opposite Party Nos.5 and 6 will have a joint meeting with the Executive Engineer, CMC on or before 11th April, 2022 and come up with an action plan for removal of the tree in a time-bound manner. The owner of the property in which the tree is presently found shall be invited to the meeting, so that his cooperation is enlisted. The compliance report be placed before this Court on the next date.

4.

List on 26th April, 2022.

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