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Judgment
Sanjeev Sachdeva, J
Petitioner seeks a direction to respondent Nos.1 to 4 to remove the subject tree adjoining to property No.WZ 825, Naraina Village, Delhi which is allegedly leaning towards petitioner's House No.WZ 826, Narina Village, Delhi.
It is contended that the tree is between the two properties and because a part of the wall of property of respondent No.1 has fallen down, the tree has become dangerous.
Learned counsel appearing for the Municipal Corporation submits that the Municipal Corporation has no concern because the tree is on a private property and parties have to apply to the concerned Tree Officer for appropriate directions.
Learned counsel appearing for respondent Nos. 3 & 4 submits that if an appropriate application is filed the Tree Officer shall carry out proper assessment and pass appropriate orders.
Learned counsel appearing for the petitioner submits that he shall be making an appropriate application.
Learned counsel appearing for respondent No.5 submits that he has no objection in case the application is filed by the petitioner and appropriate orders are passed by the Tree Officer. He assures that respondent No.5 shall cooperate with the petitioner in all manners required.
The petition is accordingly disposed of permitting petitioner to file an appropriate application to the Tree Officer in accordance with the rules. On such an application being filed, The Tree Officer shall decide the same expeditiously in accordance with law without being influenced by anything stated on merits in this order.
The Tree Officer shall, however, not insist upon a no objection from or a joint application by respondent No. 5.
Petition is accordingly disposed of in the above terms.