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2005 DIGILAW 1323 (SC)

M. C. Mehta v. Union of India

2005-08-22

RUMA PAL, S.B.SINHA, S.H.KAPADIA

body2005
ORDER : W.P(C)No. 361/2005 (Item No. 16) 1. Place this matter along with SLP(C).......D.No. 1732 of 2005. Item No. 301 & 302 I.A. No. 428 2. State of U.P. and Archaeological Survey of India to file reply affidavits within four weeks. I.A. No. 431 3. According to the C.V.C. Report, the recommendations of the C.B.I for no action to be taken in respect of D.S. Bagga, P.L. Punia, V.K. Gupta, KC. Mishra, S.C. Bali and A.K. Bose, have been concurred with. As far as the others are concerned, prosecution was recommended. 4. Mr. K.K. Venugopal, learned senior counsel appearing on behalf of Ms. Mayawati, seeks to intervene in the proceedings. The applicant is granted one week's time to make the necessary application also setting out the grounds on which, according to the applicant, the C.V.C. has no power to direct the manner in which the C.B.I will conclude the proceedings which were pending against his client. 5. Similarly, Mr. Rakesh K. Khanna, learned counsel appearing for Naseemuddin Siddiqui is also granted one week's time to file an application. 6. M/s R.K. Sharma, Rajendra Prasad, Kamal Radhu and M. Sharma are also granted the liberty to file applications if they so desire regardign the powers of the C.V.C. within one week. 7. Copies of the applications, to be so filed, to be circulated to all the parties, particularly to C.V.C., C.B.I as well as amicus curiae. 8. Mr. Virendra Bhatia, learned Advocate General for State of U.P. will ensure that a copy of this order is served on the officers, viz., R.K. Sharma, Rajendra Prasad, Kamal Radhu and M. Sharma, in the course of 24 hours. C.P.(Crl.)No.9/2005 in I.A. No. 376 IN W.P.(C) No. 13381/1984 9. Contempt Petition is dismissed. I.A. Nos. 387, 389-390 10. Ministry of Environment and Forests and State of U.P. have not complied with the earlier order passed by this Court on 14th February, 2005 to file counter in response to the allegations contained in I.A.Nos. 387,389 and 390. Further one week's time is granted to do the needful. No further time will be granted. I.A. No.388 11. Protection given to Mr. Aggrawal and his mother should not be withdrawn without the leave of the Court. 12. Brick Kiln Matters. 13. 387,389 and 390. Further one week's time is granted to do the needful. No further time will be granted. I.A. No.388 11. Protection given to Mr. Aggrawal and his mother should not be withdrawn without the leave of the Court. 12. Brick Kiln Matters. 13. All pending applications and applications to be made relating to brick-kilns or challenging the decision of the Special Committee set up by this Court are to be made before the Court having jurisdiction in these matters. 14. The pending applications are dismissed as withdrawn.