New Delhi: The Supreme Court today fixed
March 18 for hearing the Uttar Pradesh government plea for
lifting the stay on the work for construction of statues and
memorials for Dalit leaders at a park in Noida near here,
which, the state claimed, was causing a loss of Rs three lakh
everyday.
A Special Forest Bench headed by Chief Justice K G
Balakrishnan said it will give a full day hearing to decide
the contentious issue involved in the matter.
Uttar Pradesh Government, which has claimed that it
was losing Rs three lakh everyday on the project, has said
that the Ministry of Environment and Forest (MoEF) has filed
an affidavit which favours that the stay on construction at
the site be lifted.
"The MoEF has filed a decent affidavit. The land in
question does not come under the forest area," senior advocate
K K Venugopal, appearing for the state government, said, while
opposing the plea of advocate A D N Rao, who sought
adjournment for a week.
Rao, who is assisting the court as amicus curiae in
the matter, said the issue was not only limited to the MoEF
affidavit and that waiting for a week more will not make much
difference.
Additional Solicitor General Indira Jaising, appearing
for the Centre, said the issue involved interpretation of laws
and the notification by MoEF relating to the use of forest
land for construction activities.
She said it has to be determined what the expression
built-up area means to adjudicate whether the constructions
were in accordance with the law and permission under the
notification was required.
-PTI
First Published: Friday, March 12, 2010, 18:44