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Curbs on Ambedkar memorial stayed

NEW DELHI: The Supreme Court has stayed an interim order of the Allahabad High Court restraining the Uttar Pradesh Government from putting up any permanent structure inside the Ambedkar memorial in Lucknow on the ground that the area of construction fell within a “green belt”.

A Bench consisting of Justices H. K. Sema and Markandey Katju granted the stay on a special leave petition filed by the Government. It also stayed all further proceedings on writ petitions, pending before the High Court, challenging the Government action in changing the land use as contemplated in a master plan.

The Bench, after hearing senior counsel Harish Salve for the State and senior counsel K.T.S. Tulsi for respondents (petitioners in the High Court), issued notice to the writ petitioners asking them to explain why the petitions should not be transferred to the Supreme Court.

After changing the use of the 35-acre area of Dr. Baba Sahab Bhimrao Ambedkar Park, the government started construction to set up the Kanshi Ram Research Institute there. The High Court in its April 4 interim order said the State should maintain the status quo and not put up any construction at any place notified as a green belt.

On April 8, the Supreme Court allowed putting up of structures temporarily for Ambedkar jayanti celebrations on April 14.

When the matter was taken up in the Court on Tuesday, Mr. Salve said the High Court ought not to have entertained the PIL petitions and passed a restraint order. It was the Government’s prerogative to change the master plan.

Justice Katju asked, “How can such an order be passed? It is for the Government to change the master plan. The judiciary can’t interfere. The judiciary has to respect the executive. I have repeatedly said that the judiciary must show restraint and not interfere with executive functions. It will amount to asking the Legislature not to pass any law.”

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