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2003 DIGILAW 1259 (SC)

Indian National Trust, A. &T. Heritage v. Union of India

2003-10-06

B.N.AGRAWAL, Y.K.SABHARWAL

body2003
ORDER : UPON hearing counsel the Court made the following: 1. In repeated cases we come across an apathetic attitude as far as the State Government is concerned. By order dated 25th April, 2003, directions for framing of regulations etc. were issued. By that order, the Municipal Corporation was directed to complete all formalities and ensure that the regulations are sent to the State Government within a period of two months and immediately thereafter the State Government would send the same to the Central Government. Almost six months have passed since then. There is hardly any progress insofar as the State Government is concerned as also the Central Government. The regulations, now stands admitted, were forwarded to the State Government by the Municipal Corporation on 15th July, 2003. In the hearing on 28th July, 2003, 25th August, 2003 and 15th September, 2003, there was no representation on behalf of the State Government. Expressing anguish with the attitude of the State Government, by order dated 15th September, 2003, it was directed that a copy of the said order along with order dated 25th August, 2003 be sent to the Chief Secretary of the Delhi State and if the Delhi State has any difficulty in appointing any advocate to appear in the court, the Chief Secretary shall appear in person and assist the Court. 2. Today, Mr. R. N. Trivedi, the leaned Additional Solicitor General appears both for the State Government and the Central Government. It seems that on receipt of the regulations from the Municipal Corporation, nothing was done by the State Government till such time that this Court passed the order on 15th September, 2003. We are told that on 25th September, 2003, the said regulations have been forwarded by the State Government to the Central Government. There is nothing on record as to what steps were taken between 15th July, 2003 and 25th September, 2003, particularly having regard to the time frame indicated in the order dated 25th April, 2003. 3. Under the aforesaid circumstances, we direct the Central Government to forthwith consider the matter and frame regulations and in case of any difficulty, file an affidavit placing on record the said difficulty. 4. Post the matter after four weeks.