Date:25/06/2008 URL: http://www.thehindu.com/2008/06/25/stories/2008062555941400.htm
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Sahara, U.P. file contempt pleas

Legal Correspondent

Counter claims on temporary fencing

New Delhi: The Supreme Court will hear on Wednesday two contempt petitions filed by the Sahara India Commercial Corporation (SICC) and the Uttar Pradesh government against each other.

On Tuesday morning, senior counsel Kailash Vasudev, appearing for the SICC, told a vacation Bench that the Lucknow Development Authority demolished a temporary fencing at Sahara Shahar in Lucknow even after its officials had been informed of the status quo order passed by the court on Monday. In the afternoon, the Uttar Pradesh government’s Additional Advocate-General Shail Dwivedi mentioned the filing of a contempt petition against Sahara, which, it alleged, erected the fencing after the same court order.

“Demolition till late night”

In its petition, Sahara said that on the night of June 18, the LDA carried out large-scale demolitions including of a hospital, and the damage ran into crores. On June 19, Lucknow Bench of the Allahabad High Court directed the LDA to restore possession of the property and permitted Sahara to put up a temporary fencing to protect the structure and accordingly it was erected.

On Monday, the Supreme Court, acting on a special leave petition filed by the government against this order, ordered that both parties maintain status quo on demolitions and constructions. After the apex court order, it was brought to the notice of the officials that temporary structures put up pursuant to the High Court should not be disturbed.

FIR registered

But, Sahara said, about 250 workers led by LDA Vice-Chairman Ram Bahadur and District Magistrate Chandra Banu removed the tin fencing till late in the night despite its protest. A first information report was also registered against the petitioner.

Sahara said: “These actions of the contemnors, coupled with their barbaric acts of large-scale demolitions on the night of June 18, clearly underscore the veracity of the statement made by counsel [Mukul Rohatgi] on Monday that the situation in Lucknow has obviously deteriorated to ‘goonda raj’.”

Sahara prayed before the vacation Bench, consisting of Justices Altamas Kabir and G.S. Singhvi, that contempt proceedings be initiated against the officials concerned and that they be restrained from proceeding further with the FIR.

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