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2004 DIGILAW 777 (SC)

WASIM AHMED SAEED v. UNION OF INDIA

2004-07-15

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( 1 ) THE State of U. P. is directed to state by the next occasion when they will hand over the possession of Ghata No. 244/2 to the Archaeological survey of India (ASI ). It is clarified that they must be ready to hand over possession within three weeks from today. ( 2 ) ASI to nominate an officer by name and the State also to nominate an officer by name. These two officers will visit the site and ascertain whether there are shops within 300 metres of the monument. ( 3 ) IF they find shops within 300 metres of the monument, they will, if necessary, with the assistance of police force remove all such shops and submit a report to this Court on the next occasion. ( 4 ) IN case they find that there are no shops within 300 metres, they will make a report to this Court that there are no such shops. It is, however, clarified that the Court may send a Commissioner to examine and if it is found that the report is false, these officers will be held guilty of perjury and/or contempt of this Court. When the encroachers are removed, their names must also be taken. ( 5 ) IF the names of original licence-holders are found in the list of encroachers, then they will be disentitled to get allotment of a shop. ( 6 ) ADJOURNED for three weeks. Court Masters