Wednesday, February 10, 2010

[ZESTCaste] SC allows Maya govt to remove construction material at memorial sites

http://www.indianexpress.com/news/sc-allows-maya-govt-to-remove-construction-material-at-memorial-sites/577941/

SC allows Maya govt to remove construction material at memorial sites
Express News Service Posted online: Wednesday, Feb 10, 2010 at 0252 hrs
New Delhi : The Supreme Court on Tuesday allowed the Mayawati
government to remove the construction material and clean the premises
of Dalit memorials in Lucknow, but issued strict orders against
carrying out masonry work on the structures.
Construction at the memorial sites had come to a halt after the apex
court in September 2009 took suo motu cognizance of news reports that
the work was going on in violation of an earlier Supreme Court stay
order. The ban was re-imposed and a contempt notice issued to the then
Chief Secretary of Uttar Pradesh.

A Division Bench of Justices H S Bedi and A K Patnaik on Tuesday
permitted the government to recommence the maintenance of the work,
including removal of unused construction material and debris, planting
and watering of grass and trees and mending of leaking water pipes at
three sites — Kanshiram Smarak Sthal, Ramabai Ambedkar Maidan and Dr
Bhimrao Ambedkar Sthal.

Earlier, the Bench had asked state Acting Chief Secretary V K Sharma
to apprise it through an affidavit on the various works that the
government wanted to undertake at various memorial sites.

With this, the court made it clear that it does not fully agree with
the list of works earlier submitted by V K Sharma in an affidavit.

"We have perused the list of the works that need to be done at
different project sites," said the Bench, adding that "it, however, is
not inclined to permit the state government to carry out all the works
mentioned in the list".

While allowing minor maintenance jobs, the Bench transferred all
lawsuits opposing and supporting the construction of the memorials to
the Allahabad High Court.

The Bench asked the High Court to form a special bench to resolve the
issue, preferably within four months after its reconstitution.

The Bench also absolved former Uttar Pradesh Chief Secretary Atul
Kumar Gupta of the charges of showing contempt to court by allegedly
allowing the government machinery to continue with the construction
work at various memorial sites, which had been halted by a Bench of
erstwhile Justice B N Agrawal last year on September 8. SC allows Maya
govt to remove construction material at memorial sites
Express News Service Posted online: Wednesday, Feb 10, 2010 at 0252 hrs
New Delhi : The Supreme Court on Tuesday allowed the Mayawati
government to remove the construction material and clean the premises
of Dalit memorials in Lucknow, but issued strict orders against
carrying out masonry work on the structures.
Construction at the memorial sites had come to a halt after the apex
court in September 2009 took suo motu cognizance of news reports that
the work was going on in violation of an earlier Supreme Court stay
order. The ban was re-imposed and a contempt notice issued to the then
Chief Secretary of Uttar Pradesh.

A Division Bench of Justices H S Bedi and A K Patnaik on Tuesday
permitted the government to recommence the maintenance of the work,
including removal of unused construction material and debris, planting
and watering of grass and trees and mending of leaking water pipes at
three sites — Kanshiram Smarak Sthal, Ramabai Ambedkar Maidan and Dr
Bhimrao Ambedkar Sthal.

Earlier, the Bench had asked state Acting Chief Secretary V K Sharma
to apprise it through an affidavit on the various works that the
government wanted to undertake at various memorial sites.

With this, the court made it clear that it does not fully agree with
the list of works earlier submitted by V K Sharma in an affidavit.

"We have perused the list of the works that need to be done at
different project sites," said the Bench, adding that "it, however, is
not inclined to permit the state government to carry out all the works
mentioned in the list".

While allowing minor maintenance jobs, the Bench transferred all
lawsuits opposing and supporting the construction of the memorials to
the Allahabad High Court.

The Bench asked the High Court to form a special bench to resolve the
issue, preferably within four months after its reconstitution.

The Bench also absolved former Uttar Pradesh Chief Secretary Atul
Kumar Gupta of the charges of showing contempt to court by allegedly
allowing the government machinery to continue with the construction
work at various memorial sites, which had been halted by a Bench of
erstwhile Justice B N Agrawal last year on September 8.


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