ORDER 1. Leave granted. 2. Printing dispensed with. The appeal shall be heard on the SLP paper- e book. The parties may file additional documents, if any, within six weeks. Original record need not be requisitioned. 3. Heard on the question of grant of interim relief. 4. The learned Senior Counsel for Respondent 1 Association of Victims of Uphaar Tragedy has handed over a chart to the Court incorporating calculations and quantifying the liability of the appellants herein in terms of f the directions made by the High Court. The same is reproduced hereunder: (A) Compensation awarded to the deceased below the age Rs 3,45,00.000 group of 20 yrs. (No. of deceased 23) Rs 15,00,000 (B) Compensation awarded to the deceased above the age Rs 6.48,00,000 group of 20 yrs. (No. of deceased 36) Rs 18,00,000 (C) Compensation awarded to the injured (No. of injured Rs 1,03,00,000 103) Rs 1,00,000 Total principal amount awarded (A + B + C)Rs 10,96,00,000 Rs 55% of the principal amount payable by Ansal Theatre and6,02,80.000 Rs Clubotels (P) Ltd. 50% of the principal amount Rs 3.01,40,000 (The above calculations are without the interest of 9% from the date of filing of the writ i.e. 14-7-1997.) 5. The learned Senior Counsel for Respondent 1 has insisted that the appellants should be directed to deposit the entire decretal amount proportionate to their liability in terms of the directions made by the High Court and the same should be available for distribution to the claimants. The prayer has been vehemently opposed by the learned Senior Counsel for the appellants who submitted that during the pendency of this appeal the directions made by the High Court should not be implemented. 6. It is pointed out that in compliance with the directions made by the High Court, the DCP, the Delhi Vidyut Board and the Municipal Corporation of Delhi have already deposited respectively amount of Rs 2.26 crores each out of which the amount deposited by the Delhi Vidyut Board has been distributed to the claimants. Insofar as the distribution of the amount deposited by the DCP and MCD is concerned, after hearing on several dates, this Court has refused to vacate the interim order of stay and the amount deposited by them continues to remain with the High Court. 7.
Insofar as the distribution of the amount deposited by the DCP and MCD is concerned, after hearing on several dates, this Court has refused to vacate the interim order of stay and the amount deposited by them continues to remain with the High Court. 7. The learned Senior Counsel for the appellants has invited our attention to the following passage from the judgment of the High Court: "….The respondents, abovenamed, are granted two months time to pay compensation with interest and till such time the compensation is paid, Respondents 11 and 12 will have no right to transfer, assign or create third-party rights in the cinema bnilding" ,," 8. On the previous dates of hearing, the learned counsel for the appellants had submitted that the appellants be permitted to alienate the cinema building and raise money thereby so as to satisfy the liability fastened on them in terms of the directions made by the High Court. It has been pointed out at the Bar that so far as the cinema building is concerned, it has been sealed under the directions of the criminal court trying the accused persons on charges under Section 304 IPC and other offences. The order of seizure and sealing has been maintained up to this Court and the property has to be preserved intact until the criminal trial is over. 9. Today the learned Senior Counsel for the appellants has taken a very fair stand and made a suggestion that thoug!1 the property may be permitted to be maintained intact but the appellants may be permitted to raise money by offering the cinema building as security as they have presently no other means of arranging for the funds. The learned Senior Counsel for Respondent 1 and other learned counsel appearing in the case have not opposed this prayer. 10. After hearing the learned counsel for the parties, we direct as under: (1) That the appellants shall, within a period of one month from today, deposit an amount of Rs 3,01,40,000 (Rupees three crores one lakh and forty thousand) with the High Court. (2) That for the purpose of arranging the funds, the appellant shall be at liberty to offer the cinema building as security and raise money from the financial institutions.
(2) That for the purpose of arranging the funds, the appellant shall be at liberty to offer the cinema building as security and raise money from the financial institutions. (3) That, other than offering the property as security for the purpose of raising the amount as aforesaid, the appellants shall not create any other encumbrance or any other third-party interest in the cinema building. (4) That the order of the criminal court as to sealing of the property and maintaining the same intact till the criminal trial is over, shall be b meticulously observed. (5) That on the amount being deposited, 50 per cent of the amount deposited by the appellants shall be available for distribution to the claimants rateably. The balance amount shall be invested with a nationalised bank so as to be available for distribution consistently with the final decision of this Court. 11. Prayer for interim relief stands disposed of in the above terms. Court Masters