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The Sarin Memorial Legal Aid Foundation vs The Union Territory Of Chandigarh on 7 May, 2021

Bench: L. Nageswara Rao, S. Ravindra Bhat

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     ITEM NO.5                    Court 6 (Video Conferencing)                       SECTION IV-B

                                   S U P R E M E C O U R T O F              I N D I A
                                           RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                           No(s).6642/2021

     (Arising out of impugned final judgment and order dated 18-02-2020
     in CWP No.18559/2016 passed by the High Court Of Punjab & Haryana
     At Chandigarh)

     THE SARIN MEMORIAL LEGAL AID FOUNDATION & ANR.                               Petitioner(s)

                                                            VERSUS

     THE UNION TERRITORY OF CHANDIGARH & ORS.           Respondent(s)
     (With applns for exemption from filing c/c of impugned judgment,
     exemption from filing affidavit)


     Date : 07-05-2021 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE L. NAGESWARA RAO
                             HON'BLE MR. JUSTICE S. RAVINDRA BHAT


     For Petitioner(s)                     Mr.   Mukul Rohatgi, Sr. Adv.
                                           Mr.   V. Giri, Sr. Adv
                                           Mr.   Nakul Mohta, Adv
                                           Ms.   Misha Rohatgi Mohta, Adv
                                           Mr.   Devansh Srivastava, Adv

     For Respondent(s)                     Mr. P.S. Patwalia, Sr. Adv. (R-5)

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Civil Writ Petition No.18559 of 2016 was filed by Respondent No.5 seeking direction to stop conversion of single residential units to three storied apartments. On 04.03.2020, the High Court adjourned the writ Signature Not Verified petition by recording the statement made by the standing Digitally signed by BALA PARVATHI Date: 2021.05.07 19:14:37 IST Reason: counsel appearing for the U.T. Chandigarh that floor wise building plans will not be approved by the authorities concerned.

Mr. Mukul Rohatgi, learned senior counsel appearing for the petitioners and Mr. P.S. Patwalia, learned senior counsel appearing for Respondent NO.5 submit that the writ petition has been pending in the High Court since 2016. They expressed their concern at the pace of constructions being made in violation of law which changes the shape of “The City of Beauty” internationally known for its architecture and urban design.

As the special leave petition is filed against an order of adjournment by recording statement of the standing counsel for the U.T. Chandigarh, we are not inclined to interfere with the order passed by the High Court. However, we are of the opinion that the Writ Petition does not brook any further delay in view of its importance. We request the High Court to dispose of the Writ Petition expeditiously and not later than four months from today.

The special leave petition is dismissed. Pending application(s), if any, shall stand disposed of.

(B.Parvathi)                                         (Anand Prakash)
Court Master                                           Court Master