INDIA BUSINESS WORLD - JUNE 1st - JUNE 30th - 2008
SUPREME COURT PERMITS RESTORATION OF TIN FENCING OF SAHARA SHAHR
In a major relief for Sahara India Commercial Cooperation Ltd (SICCL), the Supreme Court today permitted the company to restore tin fencing of Sahara Shahr project in Gomti Nagar, Lucknow. A vacation bench comprising Justice Altamas Kabir and G S Singhvi appointed senior counsel L Nageshwar Rao as the special officer and the tin fencing would be erected on June 28-29 and Mr Rao would submit his report to the registrar at Lucknow bench of Allahabad High Court.The apex court had set aside the intrim order of Allahabad High Court dated June 19 and asked the High Court to dispose of the writ petition pending in that court with utmost expediency.While disposing of the two contempt petitions filed by SICCL and Lucknow Development Authority (LDA) against each other and the Special Leave Petition (SLP), the apex court made it clear that it had not expressed any opinion on the merits of the case.The apex court also directed them not to seek unnecesary adjournments in the High Court.Earlier, the Judges made it clear, "We are not satisfied with the explanation offered by the authorities and LDA for removing the tin fencing which is 750 feet long." The apex court had ordered status quo on June 23 in the matter but yesterday, both SICCL and LDA, filed contempt petitions against each other for deliberately and intentionally defying the Supreme Court orders.The apex court also said today's order would supplant the intrim orders of the Allahabad High Court dated June 19. Sahara Shahr is spread over 280 acres of land and the problem started when the LDA demolished the hospital and the boundary wall of Sahara Shahr project on June 18 on the grounds that the constructions were illegal and amounted to encroachment on public land.Senior counsel Shanti Bhushan appeared for LDA while senior counsel KTS Tulsi and Kailash Vasdev appeared for SICCL.UNI
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