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Supreme Court of India · body

1997 DIGILAW 915 (SC)

Gateway Hotels And Gateway Resorts Ltd. v. Nagarahole Budakattu Hakku Sthapana Samithi

1997-05-06

B.N.KIRPAL, J.S.VERMA, S.P.KURDUKAR

body1997
JUDGMENT : 1. Leave granted. 2. Mr. F.S. Nariman, learned senior counsel appearing for the appellant made it very clear that the only grievance of the appellant is confined to the rejection of I.A. No. 2 by the High Court by its order dated 15th April, 1997 and not to any part of the main judgment dated 11th April, 1997. Mr. Nariman submits that the purpose of filing I.A. No. 2/97 was to seek permission for preservation of the existing structure in the manner indicated therein, namely, "by water proofing and laying the tiles on the wooden roof of the seven cottages and roofing of eight cottages at its own risk". The learned counsel further submits that permission be granted to the appellant only to this extent for preservation of the existing structure on such conditions as may be appropriate. 3. Having heard Mr. F.S. Nariman appearing for the appellant and Dr. Rajiv Dhawan, appearing for the respondents, we permit the appellant to do water roofing and laying the tiles on the wooden roof of the seven cottages and roofing of eight other cottages at the appellant's own risk under the supervision of the Chief Wildlife Wardon or any person authorised by him in this behalf. 4. This order is in substitution of the High Court's order dated 15th April, 1997 made in I.A. No. 2/97 as-well as the material part to this effect in the main judgment. 5. The appeal is disposed of accordingly. No costs.