Thursday, January 28, 2010

[ZESTCaste] SC may clear upkeep of memorials

http://www.indianexpress.com/news/SC-may-clear-upkeep-of-memorials/572192

SC may clear upkeep of memorials
Krishnadas Rajagopal Posted online: Thursday , Jan 28, 2010 at 2306 hrs
New Delhi : Noting that "monuments erected should not look dirty", the
Supreme Court on Wednesday appeared to soften its stand on the Kanshi
Ram Memorial Sthal, Mayawati's pet project in Lucknow, when it
indicated that there was no harm in carrying out maintenance work of
the structures worth Rs 2,600 crore of tax-payers' money.
The court had on September 11, 2009 ordered the immediate stoppage of
all construction activities at the memorial park and warned Chief
Minister Mayawati from "playing with fire" by carrying on construction
activities on the pretext of doing maintenance work.

"What harm would it do if they (UP government) had to polish the
stones (at the memorial)? Whatever monuments created should not look
dirty," a Division Bench of Justices H S Bedi and A K Patnaik
observed.

The court agreed to a suggestion by UP government counsel and senior
advocate Harish Salve to file an affidavit on Thursday, detailing
exactly the kind of "maintenance, repair and cleaning" works the state
plans for the site. The affidavit will be prepared and signed by the
"officiating UP Chief Secretary", the court ordered.

Salve said that what had been widely interpreted as "construction
work" at the memorial park in September 2009 had really been some
workers "polishing" the constructions.

The Supreme Court had taken suo motu notice of media reports that work
on the memorial for Kanshi Ram, B R Ambedkar and other dignitaries was
on in "full swing" despite an undertaking given on September 8 last
year that construction work will be stopped.

"There was no further construction going on. Certain constructions
were made, those constructions were being polished. Why should the
court say that no stone should be polished, no debris be removed?"
argued Salve.

At this point, senior advocate Abhishek Manu Singhvi, appearing for
petitioner Gomti Jan Kalyan Vikas Samiti, asked for an explanation
about the pressing need for maintenance work. "Nothing has come
crashing down in the past three months (since the September 11
order)," Singhvi retorted.

Senior advocate Rajiv Dhawan, representing another petitioner, also
pitched in with Sighvi by pointing out that the UP government could
always go to the state High Court, which is "closer to them if they
want some maintenance done".

But Salve was undeterred: "It is clear somebody wants to score a
point. You will say when I am building a roof, when all I am doing is
repairing the roof."

"We will not add to constructions. If it has to remain shut down, it
will remain so," he assured the court.

A suggestion from the petitioners' side that a Court Commissioner be
appointed to check if the government "does nothing else other than
clear the construction site" whittled away after Salve assured the
Bench that the "Chief Secretary is giving his word" in the matter.


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