( 1 ). This appeal was filed by Union of India aggrieved by the order passed by the learned Single Judge who has restricted the height of the National Police memorial at Chankayapuri to 30 meters instead of 45 meters. Mr. P. P. Malhotra, learned Additional Solicitor general appearing for Union of India now submits that the appellant without prejudice to its rights and contentions and in order to seek an early resolution of the matter has decided to lower the height of the national Police Memorial as per suggestion of the Delhi urban Art Commission contained in its affidavit dated 27th October 2005 filed before us pursuant to its meeting held on 17th October, 2005. The submission has been made on the basis of an affidavit of Mr. Devinder Gupta, executive Engineer, Development Project Circle, CPWD.

( 2 ) AT the outset, we are surprised at the keen interest shown by the CPWD in this Memorial. In order to decide the matter certain facts which are discernible from the record are to be borne in mind. We inter-alia observed in our order dated 20th May, 2005 as under : -. . . . . . . . . . . . . What surprises us is that in December 2, 2002 meeting of the DUAC, the advise