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2004 Supreme(SC) 809

Supreme Court Of India
WASIM AHMED SAEED
Versus
UNION OF INDIA
Decided on August 5, 2004

Headnote:

Constitution of India, 1950, Article 32 - Removal of shops- Alternative sites- As per earlier order of the Supreme Court, ASI and the State of U.P. were in the process of preparing a Report - The State of U.P stated that the State was willing to allot site to

ASI for of construction of stalls-cum-shops- ASI already transferred a sum of Rs. 5 crores to HUDCO- State of U.P. directed do assign and ASI do take possession of the said plot within two weeks however the ownership of the plot to remain with the State Government. [Paras 2 to 5]

( 1 ) PURSUANT to our order dated 15-7-2004 the State of U. P. claims that the position is as under:we are also told that pursuant to our abovementioned order, Archaeological survey of India (ASI) and the State of U. P. are in the process of preparing a report which will be submitted to the Court within two weeks from today.

( 2 ) ON behalf of the State of U,p. , it is stated that the State is willing to allot Ghata No. 244/2 to ASI for the purposes of construction of stalls-cum-shops. We are informed that ASI has already transferred a sum of Rs 5 crores to HUDCO and allotted to HUDCO the work of constructing shops on this plot of land.

( 3 ) ON the above statements we direct that the State of U. P. do assign and asi do take possession of the said plot within two weeks from today.

( 4 ) IT is clarified that the ownership of the plot will remain with the State government.

( 5 ) THE work of construction to be completed by HUDCO within one year from today. An officer of HUDCO, an officer of the U. P. State Government and an officer of ASI must be nominated by these bodies to be personally responsible for the construction.

( 6 ) THEY must ensure that the construction is completed within time and that it is of the required quality. Names of such officers to be put into the report to be filed in this Court.

( 7 ) THESE matters are adjourned for four weeks. IA No. 22 of 2004, 1a No. 8 of 2002, IA No. 3 of 2000, IAs Nos. 10, 10-A of 2002 and IAs Nos. 12 and 19 of 2003

( 8 ) ISSUE notice.

( 9 ) REPLY be filed within four weeks and rejoinder within two weeks thereafter.

( 10 ) LIST these IAs on 17-9-2004 for final hearing.

( 11 ) IN the meantime, appointments can be made subject to the result of these IAs. Court Masters

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