Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt petition Alleging violation of judgment of SC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958) |
Case Type | Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Contempt of Court: Civil contempt – Contempt petition – Alleging violation of judgment dated 16.1.2012 passed by Supreme Court – Construction of multi-storey building by respondent Nos.4 and 5 (builders) after demolition of old structure on the subject land, pursuant to sanction of plan by New Delhi Municipal Corporation (NDMC) – Subsequently NDMC stopped the on-going construction work directing to obtain requisite permission from Archaeological Survey of India (ASI) as the subject plot being within 100 metres of ancient monument Jantar Mantar, in view of Notification dated 5.5.1991, was a prohibited and regulated area for the purpose of mining and construction – Builders filed suit seeking injunction against NDMC – Suit was decreed – Appeal before Division Bench of High Court – Also a writ petition was filed in public interest for protection of the monument Jantar Mantar – Division Bench of High Court dismissed the suit, but while dealing with the writ petition directed the Central Government to review the Notification dated 15.5.1991 to consider whether the stipulation of 100 meters prescribed by the notification had any scientific, pragmatic or logical basis – Appeal to Supreme Court by ASI as well as the builder – Appeal of ASI was dismissed by judgment/order dated 16.1.2012 – It was made clear in the judgment that in future Central Government or Director General not to take any action or pass any order u/ss.20A(3) and 20C – After the judgment of Supreme Court, on the recommendations of National Monument Authority, ASI gave permission for renovation of the building in question which was later cancelled by ASI –However, subsequently ASI, revived the permission for renovation – This gave rise to suit against the builders seeking permanent injunction and to writ petition by the owner of the property (petitioner) – Suit as well as petition are pending – Contempt petition before Supreme Court alleging non-compliance of its order dated 16.1.2012 – Local inspection of the site conducted on the direction of Supreme Court – Held: On the date when the matter was considered and judgment was delivered, as per the spot panchnama dated 7.5.2003, the builders had completed the ground floor plus four upper floors including two levels of basement and only finishing work was yet to be completed – Supreme Court had passed no specific direction as to the status of structure or that the structure was to be pulled down or not – In the inspection held, after the contempt petition was filed, no vertical or horizontal expansion of the building was found as against what obtained in the year 2003 and only finishing work was completed – The permissions granted for renovation was also revoked even before filing of contempt petition – Therefore, it cannot be said that the authorities were in violation of the orders passed by Supreme Court – Hence the contempt petition is closed. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2019 INSC 735 |
Petitioner | Shiv Darshan Singh |
Respondent | Rakesh Tiwari, Director General, Archaeological Survey Of India (asi) & Ors. |
SCR | [2019] 9 S.C.R. 153 |
Judgement Date | 2019-07-09 |
Case Number | 697 |
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