The Hindu : Front Page : No construction, no demolition, says Supreme Court

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No construction, no demolition, says Supreme Court

Legal Correspondent

Property belongs to the Sahara India Commercial Corporation
Status quo on High Court ruling

New Delhi: The Supreme Court on Monday ordered status quo on the directions issued by the Lucknow Bench of the Allahabad High Court on carrying out demolition at Sahara Shahar, a property belonging to the Sahara India Commercial Corporation (SICC) in Lucknow.

“All parties are directed to maintain status quo as of today [June 23] with regard to the subject matter of the SLP [filed by the Uttar Pradesh government] and orders passed by the High Court [on June 19],” said a vacation Bench consisting of Justices Altamas Kabir and G.S. Singhvi.

“There shall be no demolition [by the State] and no construction [by the SICC],” Justice Kabir said on the special leave petition against the High Court’s directions.

Notice issued

After hearing counsel for both sides, the Bench issued notice to the SICC seeking its response in two weeks and the government’s rejoinder in one week thereafter.

The Lucknow Development Authority (LDA) late on June 18 carried out a demolition drive, and the next day a Division Bench of the High Court, acting on a petition from Sahara, directed the government that no demolition be carried out.

Appearing for the State, Shanthi Bhushan said the High Court passed the order without even hearing the government and directed that possession be restored to the first respondent. He pleaded for a stay of the impugned order.

“Brazen police raj”

Mukul Rohatgi, appearing for the SICC, described the Uttar Pradesh government as “the most brazen police raj.”

At 10.30 p.m., about 500 men from the LDA came to the site without notice and demolished a hospital and patients had to be shifted.

“There is a master plan and a road seems to pass through the land [of Sahara]. Had they had issued notice and discussed the matter, we could have handed over the land for the road. Where is the question of demolition of a building? Is this the way the State should function in a civilised society?” Counsel pleaded for construction of a compound wall.

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