Supreme Court - Daily Orders
Ghanshayam Das Soni vs S.N. Mishra on 22 February, 2016
Bench: Chief Justice, Uday Umesh Lalit
1
ITEM NO.34 COURT NO.1 SECTION IV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CONMT.PET.(C) No. 51/2015 In C.A. No. 8649/2012
GHANSHAYAM DAS SONI AND ORS Petitioner(s)
VERSUS
S.N. MISHRA AND ORS Respondent(s)
(With appln. (s) for exemption from filing O.T. and office report)
(For Final Dispsosal)
Date : 22/02/2016 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE UDAY UMESH LALIT
For Petitioner(s) Mr. Jayant Bhushan,Sr.Adv.
Ms. Pragati Neekhra,Adv.
For Respondent(s) Mr. Mukul Rohatgi,AG
Mr. Mishra Saurabh,Adv.
Mr. ankit Kr. Lal,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard.
By our order dated 23rd November, 2012 we had, in continuation of our dated 6th January, 2009, directed that the parties shall maintain status quo in all respects with regard to subject land until final disposal of the appeals.
The petitioners have now filed this contempt petition Signature Not Verified alleging violation of the said direction. In response, Digitally signed by Mahabir Singh Date: 2016.02.23 16:35:55 IST Reason: respondents No.1 to 3 have filed their counter affidavits, in para “5” whereof they have stated as under: 2
“5. In response to the aforesaid legal notice, the City Engineer (Planning) of Municipal Corporation, Indore addressed a letter dated 28.10.2014 to the counsel for petitioner which was copied to her clients named in the legal notice. In the said letter it was stated that the Municipal Corporation, Indore is carrying out work of strengthening the existing road from Saket Chowk to Manishpuri. During the proposed strengthening work of the road, there is no plan for demolition of any house or compound wall under private ownership. It was categorically stated that during such work there is no proposal for demolition or removal of building or compound wall of any of the persons named in the legal notice. A copy of letter dated 28.10.2014 is annexed as Annexure R-1” It is evident from the above that the Municipal Corporation is doing no more than strengthening the existing road from Saket Chowk to Manishpuri. It is also evident that during the proposed strengthening work of the road, the Corporation has no plan for demolition of any house or compound wall under private ownership. In the light of the said specific statement made in the counter affidavit, we really see no reason to keep the contempt petition pending.
We accordingly dispose off the contempt petition with the observation that our order dated 23rd November, 2012 and the previous order dated 6th January, 2009 shall not prevent the 3 respondent-Corporation from strengthening the existing road or carrying out any work as set out in para “5” of the counter affidavit.
The appeal shall now be listed for final hearing on an early date.
(MAHABIR SINGH) (VEENA KHERA) COURT MASTER COURT MASTER