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2005 Supreme(SC) 1589

G.B.PATTANAIK, K.G.BALAKRISHNAN
NATIONAL CENTRE FOR HUMAN SETTLEMENTS and ENVIRONMENT – Appellant
Versus
UNION OF INDIA – Respondent


ORDER

1. The letter dated 4-7-2002 received from Shri M.N. Buch, Chairman, National Centre for Human Settlements and Environment, was treated as a writ petition under Article 32 of the Constitution. The grievance of the petitioner is that the notification dated 31-5~2002 putting Plot No. 30* for the C purposes of office use is illegal and the same is in contravention of the relevant provision of the Act.

2. Be it stated that Plot No. 30 was shown to be for office use in the master plans of 1962 as well as 2001. It is only on 29-10-1990 the user was shown to be green whereas Plot No. 36 was shown to be for the purpose of office use. When the Government decided to put the said Plot No. 30 for uses d of construction of office building as the headquarters of the Defence Research and Development Organisation (DRDO), in exercise of its power under the Act, objections were received and a final decision was taken pursuant to which the notification was issued on 31-5-2002. Mr Ranjit Kumar, appearing as amicus curiae for the Court indicates that Plot No. 36 which measures 9.25 acres could be conveniently earmarked for the purpose of DRDO whose requirement is 6.20 acres and in that event, the


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