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This is an archive article published on November 22, 2008

Only temporary park structures for Lucknow Mahotsav: SC

In a breather for the Mayawati Government, the SC lifted the interim “status quo” order on construction in Swarna Jayanti Smriti Upvan in Lucknow, the park developed in memory of Kargil martyrs, which will be hosting the famous annual festival of the state, Lucknow Mahotsav.

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In a breather for the Mayawati Government, the Supreme Court on Friday lifted the interim “status quo” order on construction in Swarna Jayanti Smriti Upvan in Lucknow, the park developed in memory of Kargil martyrs, which will be hosting the famous annual festival of the state, Lucknow Mahotsav.

However, the Bench headed by Chief Justice K G Balakrishnan said, “No permanent structure to be erected for the function.”

The SC directions removed the obstacles from the way of the Uttar Pradesh Government to organise its 10-day cultural show beginning November 25, especially after the Lucknow Bench of Allahabad High Court on November 19 told the Mayawati Government to maintain the status quo in the park.

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The HC order, challenged by the Government, restrained the authorities from any further construction in the area of 101 acres of Smriti Upvan and to maintain the status quo. The HC had also noted that there was no justification to carve out a new lake simply because one or the other plots of 101 acres of Upvan at some point of time was a talab (lake).

Senior advocate Harish Salve, appearing for the state Government, submitted how the interim direction by the HC was neither warranted nor justified. Brushing aside allegations that the authorities were trying to “carve out” a cultural centre in memory of BSP founder Kanshi Ram at the park, the advocate contended hat the HC order had put a complete stay on the holding of the function.

“It is a political interest litigation and not the public interest litigation (PIL) on which the High Court acted,” he argued, adding the petitioner who approached the HC had filed several other related petitions against the state Government.

The HC had ordered the status quo on the petition filed by Ashok Yadav, who had referred to a news report that the state Government had taken a decision to carve out 80 acres of the park known as “Swarna Jayanti Smriti Upvan” to set up a Kanshi Ram Sanskritik Sthal.

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He had alleged that the Lucknow Development Authority was going to change use of the park land. While fixing November 28 as the next date of hearing, the HC had appointed a panel of six lawyers to inspect the site and submit its report to the court.

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