SC directs Sahara to erect fencing; HC to dispose off case

The Supreme Court on Wednesday gave a big relief to Sahara India Group by allowing to re-erect the demolished boundary walls of Sahara Sahar in Lucknow and directed the High Court to hear the case expeditiously. With this fresh order the Apex Court disposed off both the contempt petitions.

The contempt petition was filed by the Sahara India Commercial Corporation against the LDA (Lucknow Development Authority) for violating the court's order to maintain status quo. Instead the SICC alleged the LDA were indulged in demolitions at the 270-acre Sahara Sahar.

A vacation bench comprising Justices Altamas Kabir and GS Singhvi on Monday came out with the order denying permission to the state government to carry on with the demolition work on a part of the Sahar that had encroached on the park. The court also appointed senior counsel L N Rao as the special officer to carry on the erection of tin-wall under his supervision on June 28-29 and submit his report to the registrar at Lucknow bench of the Allahabad High Court.

The court could not convince on the contention given by the LDA authorities and observed, “We are not satisfied with the explanation given by the Lucknow Development Authorities for demolishing the tin fencing that is 750 feet long.”

The court also put aside the interim order of Allahabad HC and directed to deal the case with utmost expediency. Along with that the court also asked the SICC and LDA not to seek unnecessary adjournments during hearing.

Earlier on Monday the Supreme Court had directed both the parties to maintain status quo at the controversial site. But after violation of the order the SICC moved the court on Tuesday. The Sahara had to say that demolition of the temporary fencing was the violation of the Court order dated June 23.

In its plea, Sahara Group said the LDA carried out large-scale demolitions including of a hospital on the night of June 18. The next day Lucknow Bench of the Allahabad High Court directed the LDA to restore possession of the property and permitted Sahara to put up a temporary fencing to protect the structure.

While on the other hand, the UP government argued the SICC flouted the mandatory provisions of the UP Urban Planning and Development Act, 1973, by erecting illegal construction without its prior permission.

It is believed that Sahara is unnecessarily being dragged in the political war between Samajwadi Party and the Bahujan Samaj Party as the Sahara chief, Subrato Roy is considered close to the former.