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This is an archive article published on March 30, 2010

Special Bench overrules objection against its formation

A special five-judge Bench of the Allahabad High Court on Monday overruled the objection against its constitution to hear the nine petitions ...

A special five-judge Bench of the Allahabad High Court on Monday overruled the objection against its constitution to hear the nine petitions concerning the demolition of government buildings and construction of memorials and parks in Lucknow which were transferred by the Supreme Court. Counsel for the petitioners argued that a Division Bench should have been constituted to hear the matter.

“The Supreme Court had sent back the petitions with the instructions that they be decided by an appropriate Bench at the High Court. The five-judge Bench,however,has been formed on the government’s request,which was not required,” said B K Singh,counsel of petitioners.

He argued that a larger Bench is required when there is a difference of opinion on the Division Bench.

“The court ruled that it is the prerogative of the Chief Justice to form a Bench and asked the petitioners to cooperate in the proceedings,” said D K Upadhyaya,chief standing counsel. The Bench comprising Justices Pradeep Kant,Uma Nath Singh,Satish Chandra,Rakesh Sharma and Ashok Kumar Roopanwal issued notice to Sahara India Ltd,Hotel Taj Residency and Awas Vikas Nigam on the alleged violations of rules in the constructions carried out in the green belt areas.

The court fixed April 20 as the next date of hearing.

“While the main petition is related to the money spent on memorials like Ambedkar Sthal,Ambedkar Maidan,Kanshiram Smiriti Upvan and Ramabai Park,a few others like violations of rules in green belt,demolition of buildings in Mall Avenue area and a government notification changing the use of government houses reserved for speakers and ministers in Mall Avenue are being challenged through nine petitions clubbed together,” said Manish Kumar,counsel for a petitioner.

The petitions have been transferred from the Supreme Court with a direction that it is to be heard by an appropriate Bench and the matter be decided in four months.

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