SUPREME COURT OF INDIA
M. JAGANNADHA RAO, M.B. SHAH, JJ.
M.C. Mehta – Petitioner
Versus
Union of India and Others – Respondents
I.A. No. 108-110 in W.P. (C) No. 13381 of 1984, L.A. No. 111 of 2000
Decided On : 08-11-2000
Clarification - Court Order - The court clarified that its previous order did not pertain to the pending contract between the parties and did not express any opinion on the merits of the dispute. It directed the removal of police personnel from the precincts of Taj Mahal and instructed the authorities to keep the surroundings clean and obtain consent from the Archaeological Department for any official use of the area.
Fact of the Case:
The applicant sought clarification regarding a previous court order in relation to a tender advertisement and a pending contract dispute with Agra Nagar Nigam. The court also addressed the issue of police personnel residing within the precincts of Taj Mahal.
Finding of the Court:
The court clarified that its previous order did not address the pending contract dispute and directed the removal of police personnel from the precincts of Taj Mahal. It also instructed the authorities to maintain cleanliness and obtain consent for any official use of the area.
Issues: Clarification of court order, dispute over the pending contract, presence of police personnel within Taj Mahal precincts.
Ratio Decidendi: The court's decision was based on the interpretation of its previous order, the need to maintain the dignity and beauty of the surroundings, and the requirement for police authorities to obtain consent for any official use of the Taj Mahal precincts.
Final Decision: The court clarified the scope of its previous order, directed the removal of police personnel from the precincts of Taj Mahal, and instructed the authorities to maintain cleanliness and obtain consent for any official use of the area.
ORDER :
1. The applicant Hind Agro Industries Ltd. has sought a clarification in respect of the order passed by this Court on 13-9-2000. The applicant refers to an advertisement issued in the Times of India by the Agra Nagar Nigam which while calling tenders referred to an order passed by this Court dated 13-9-2000.
2. We have heard learned senior counsel appearing for the applicant and counsel for the Agra Nagar Nigam. After hearing them, we hereby clarify that the order of this Court dated 13-9-2000 said nothing about the pending contract between the applicant and Agra Nagar Nigam and all that was said was that the Agra Nagar Nigam would take steps to complete the new slaughter house within one month from 13-9-2000. We clarify the position accordingly.
3. We are not to be understood as having said anything on the merits of the dispute between the applicant and the Agra Nagar Nigam with regard to the cancellation of the contract between the applicant and the Agra Nagar Nigam. If any civil proceedings are pending between the parties this will be disposed of on their own merits. The I.As. No. 108-119 are disposed of accordingly.
4. This I.A. was mentioned yesterday and is specially listed today. Counsel for the Agra Nagar Nigam was not present when the case was called but came in later.
5. The learned Solicitor General Mr. Harish N. Salve submits that the Police Personnel including Personnel of Provincial Armed Constabulary or any other private Security personnel deployed within the precincts of Taj Mahal should be removed. It is stated that they are not keeping the portion occupied by them in a clean manner and appear also to be using the same more or less for residential purposes as the photographs show. The place where they stay are kept in a very shabby condition. It is in not keeping with the dignity and beauty of the surroundings including the Taj Mahal monument. We, therefore, direct the police squads put up in the varandah as shown in the photographs at page 33 near the Saheli Burz, to remove themselves from that place. It is directed that the surroundings should be kept absolutely clean and the screens and other tables etc. should be removed from the varandahs. The police should cooperate with the officers of the Archaeological Department. The police authorities cannot use any part of the monuments even for the official purposes. If they want to use any area within the precincts they should consult the Archaeological Department and obtain its consent as to where they can have their accommodation for keeping their vigilance. The main residence of the officers and also the official accommodation should be outside the Taj Mahal precincts.
6. The Chief Secretary of the State of U.P. will consult the Director General of the Archaeological Survey of India for the purpose of compliance with this order and sorting out all the problems with regard to accommodation of police force inside the Taj for their vigilance activities.
7. List this I.A. on 21-11-2000 at 2.00 p.m.
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