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2005 Supreme(SC) 1702
SUPREME COURT OF INDIA
Ruma Pal, Ar. Lakshmanan, Dalveer Bhandari, JJ.
Wasim Ahmed Saeed - Petitioner
Versus
Union of India & Ors. - Respondents
I.A. No. 21, 24, 26, 30, 33 & 37-39 of 2004 in W.P.(C) No. 653 of 1994 with W.C.(C)No. 455 of 96, I.A. No. 14, 15 & 17 in C.P. No. 162 of 200 in W.P. 653 of 94
Decided On : 12-12-2005
Appointment of a commissioner for site inspection and report filing to gather specific evidence and information.
Headnote:
Commissioner - Site Inspection - The court appointed a commissioner to visit the site, ascertain the stage of construction alleged by ASI, and determine if there was any encroachment within 100 meters of the monument. The commissioner was required to file a report with appropriate photographs.
Fact of the Case:
The court appointed Mr. Rajiv Nanda as Commissioner to visit the site, ascertain the stage of construction alleged by ASI, and determine encroachment within 100 meters of the monument.
Finding of the Court:
The court ordered the Commissioner to file a report within one week after reopening the Court, and directed the Wakf Board and ASI to file a counter affidavit.
Issues: Site inspection, stage of construction, encroachment, report filing, counter affidavit
Ratio Decidendi: The court relied on the appointment of a commissioner to gather specific information and evidence related to the alleged construction and encroachment, emphasizing the importance of a timely and detailed report.
Final Decision: The final decision was to appoint a commissioner, set deadlines for report filing, and require the filing of a counter affidavit by the Wakf Board and ASI.
JUDGMENT :
Mr. Rajiv Nanda is appointed as Commissioner for the limited purpose of going to the site and after ascertaining (1) the exact stage of the construction alleged to have been done by the Archaeological Survey of India (ASI) with regard to the erection of the shop rooms, and (2) whether there has been any encroachment within 100 meters of the monument as has been prohibited by order dated 2.9.2004 and file a report in this Court within a period of one week after reopening this Court. If necessary the report must be accompanied with appropriate photographs.
2. The Wakf Board and Archaeological Survey of India to file counter affidavit to IA.No.30/2004 within a period of one week after reopening.
Order accordingly.
