V L NANDISH Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner is before this Court seeking for the following reliefs:

(2.) The grievance of the petitioner is that the petitioner being the owner of property bearing No. 1368/31st B Cross, 4T Block, Jayanagar, Bengaluru, by constructing a residential house has been enjoying the same for last 40 years. A tree growing in the neighbouring house No.1367, 31st B Cross, 4th T Block, Jayanagar, Bengaluru, had started leaning on to the property of the petitioner and it is in that background, the petitioner made several requests to neighbouring property owners to remove the said tree to address the threat posed by the tree to the life and liberty of the petitioner. When the said neighbour did not take any action, the petitioner had approached the Corporation authorities to do the needful, despite which no action was taken.

(3.) Notice having been served to the Corporation, the Corporation initially contended that permission for removal of a tree can only be granted to the owner of the land on which the tree is located and cannot be granted to a neighbouring owner. When it was pointed out to the counsel for the Corporation that if the said land owner was not interested in taking any steps on account of the falling of the tree not affecting that land owner but affecting the neighbouring land owner, the interest of the neighbouring owner would also have to be taken into consideration by considering the application after inspecting and examining the tree.