The Hindu : Front Page : Sahara can erect temporary fence, says Supreme Court

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Thursday, Jun 26, 2008
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Sahara can erect temporary fence, says Supreme Court

J. Venkatesan

NEW DELHI: The Supreme Court on Wednesday allowed Sahara India Commercial Corporation (SICC) to erect a temporary fence again at Sahara Shahar in Lucknow. It was removed by the Lucknow Development Authority (LDA) after the apex court ordered status quo on June 23.

A vacation Bench of Justice Altamas Kabir and Justice G.S. Singhvi permitted the restoration of the fence while disposing of a special leave petition filed by the LDA and contempt applications filed by the Uttar Pradesh government and SICC.

Mr. Justice Kabir told senior counsel Shanthi Bhushan, appearing for the State: “I am not satisfied with the explanation given by the State [for removing the fence]. If you have found violation of this court’s order, it was your duty to inform us, rather than taking the law into your hands.”

Bench’s poser

When Mr. Bhushan said that the fence was “erected after the status quo order was passed by this court,” Mr. Justice Kabir countered: “How is it possible for them to erect a 750-metre fence within a short time [on June 23 after the apex court passed the order] with the might of the State against them? Can they do it? I am not happy with the way things have gone in the last 24 hours.”

In its petition, Sahara said that on the night of June 18, the LDA carried out large-scale demolitions, including of a hospital, and the damage ran into crores. On June 19, the Lucknow Bench of the Allahabad High Court directed the LDA to restore possession of the property and permitted Sahara to put up a temporary fence to protect the structure and accordingly it was erected. On June 23, the Supreme Court, acting on a special leave petition filed by the government against this order, ordered that both parties maintain status quo on demolitions and constructions.

Appearing for Sahara, senior counsel K.T.S. Tulsi explained how the fence was removed even after the authorities were informed of the order and a first information report registered against Sahara.

In its order, the Bench said: “It would not be in the interest of the parties to keep the matter pending, as it would only delay the matter and lead to other proceedings in this court. With the consent of the parties, we dispose of all these matters by setting aside the interim orders passed by the High Court on June 19 and 20. We direct that till the hearing of the writ petition [filed by Sahara], the parties should strictly maintain status quo as on June 23, with a modification that the tin fence that was removed be restored in the place where the boundary wall originally existed.”

Special officer

The Bench appointed senior advocate L. Nageswara Rao as the special officer and said the erection of the fence should be done on June 28 and 29 under his supervision. The Bench asked Mr. Rao to submit a report to the Registrar of the Lucknow Bench of the Allahabad High Court. It said that regarding the allegations made by the parties, the High Court should dispose of the writ petition expeditiously.

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