Research › Browse › Judgment

Supreme Court of India · body

2014 DIGILAW 469 (SC)

SARIN MEMO. LEG. AID. FOU. v. CHANDIGARH ADMINISTRATION

2014-04-22

M.Y.EQBAL, R.M.LODHA

body2014
ORDER : 1. Delay is condoned in filing special leave petition in Special Leave Petition (Civil) No. 32660 of 2013. 2. Leave granted in the special leave petitions. 3. After arguing for some time, learned senior counsel for the parties, on instructions, have agreed for the following order:- (i) (a) The judgment and order dated 26.03.2012 passed by the High Court of Punjab and Haryana in Civil Writ Petition No. 20425 of 2010, Aalok Jagga Vs. Union of India & others, is set aside and Writ Petition is restored to its original number and it is transferred to the Delhi High Court for its adjudication. (b) The petitioner in the above Writ Petition, on restoration, is granted leave to amend the Writ Petition and make necessary pleadings relating to the question whether or not the project land of respondent No. 6 falls within the catchment area of Sukhna lake. This will obviously include the aspect concerning Section 48(5) of the Punjab Reorganisation Act, 1966 read with the 13th Schedule appended thereto and the notification dated 15th March, 1963 No. 1789-Ft-IV/63/898. The necessary amendment in the Writ Petition shall be made within three weeks. (c) Respondent No. 6 and other contesting respondents may file amended counter affidavit/s within two weeks thereafter so as to complete the pleadings in the transferred Writ Petition in all respects before the Delhi High Court closes for summer vacation. (ii) (a) Writ Petition (Civil) No. 994 of 2013, Sarin Memorial Legal Aid Foundation Vs. State of Punjab & Others, filed before this Court under Article 32 of the Constitution of India is converted into Writ Petition under Article 226 of the Constitution of India and is being transferred to the Delhi High Court for consideration and disposal along with the above transferred Writ Petition. (b) The contesting respondents waive service in the Writ Petition. They may file their written response within three weeks from today and rejoinder may be filed by the petitioner within two weeks thereafter so as to complete the pleadings in all respects before the Delhi High Court closes for summer vacation. (iii) We clarify that the High Court of Punjab and Haryana shall not decide in Civil Writ Petition No. 18253 of 2009 (O&M), Court on its own motion Vs. (iii) We clarify that the High Court of Punjab and Haryana shall not decide in Civil Writ Petition No. 18253 of 2009 (O&M), Court on its own motion Vs. Chandigarh Administration and others, the following issue :- Whether or not the project land of respondent No. 6 falls within the catchment area of Sukhna lake ? 4. We order accordingly. 5. The above two matters, namely, Civil Writ Petition No. 20425 of 2010 and Writ Petition (Civil) No. 994 of 2013 which have been transferred to the Delhi High Court shall be heard by a Division Bench. We request the Division Bench to hear and decide the above transferred matters as early as may be possible and preferably by August 31, 2014. No fresh Writ Petition in respect of the above controversy shall be entertained by any Court. 6. We record and accept the statement of Mr. Gopal Subramaniam, learned senior counsel for the respondent No.6, that until the decision of the Delhi High Court in the above transferred matters and for a period of one month thereafter the respondent No. 6 shall maintain status quo as obtaining today in respect of the subject project land. 7. In view of the above statement, the impugned order dated 21.08.2013 does not survive and is rendered ineffective. 8. The Registry of this Court as well as the Registry of the High Court of Punjab and Haryana are directed to transmit the respective records of the above cases to the Delhi High Court forthwith. 9. Civil Appeals and Writ Petition are disposed of as above. No costs.