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This is an archive article published on June 21, 2008

Sahara Shahar: apex court to hear UP plea only next week

The next round of the battle between Mayawati and the Sahara group will be fought in the Supreme Court.

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The next round of the battle between Mayawati and the Sahara group will be fought in the Supreme Court.

On Friday, the vacation bench of Justices Arijit Pasayat and G S Singhvi refused to hear the appeal on June 23, as requested by the Uttar Pradesh Government, and listed the matter for next week. Citing reasons of urgency, Shail Kumar Dwivedi, Additional Advocate General for the UP Government, claimed the Allahabad High Court’s order was “legally unsustainable”.

Seeking an “urgent” intervention, the UP Government challenged the HC directive rebuking it for demolitions at Sahara Shahar in Lucknow’s Gomti Nagar and directing restoration of the land to the Sahara Group.

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The Lucknow Development Authority (LDA) contended that Sahara India Commercial Corporation Limited (SICCL) flouted the mandatory provisions of the UP Urban Planning and Development Act, 1973, by raising unauthorised constructions over zonal roads. It said the “the illegal acts of the company deprived the common public from having free access in and along the area”.

The special leave petition filed through advocate G Venkateswara Rao further alleged that Sahara had approached the HC “concealing vital facts so as to succeed in its evil design of grabbing public property”. It also said the changes in Master Plan 2021 were made with the explicit consent of the company during a meeting on July 31, 2007, and the proposal for this was submitted by the company itself. The Government claimed the company had on June 13, 2008, agreed to remove certain encroachments on the land situated on both zonal roads carved out in Master Plan 2021.

On Thursday, after the SICCL challenged the state’s action, the HC had rapped the LDA for razing parts of Sahara Shahar during the night without any prior notice. Restraining the LDA from taking any further action, the HC also asked the Government to restore possession of land to the company.

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