JUDGEMENT
-
(1.) The Observers have submitted a report dated 05.07.2015 which inter alia state as under:
"...As stated in several earlier reports, the tent covering forever the Make Shift Structure has been damaged to a great extent and it requires immediate replacement. The Authorised Person has moved the Central Government for seeking permission from the Hon'ble Supreme Court for permission to replace the same. We are waiting for necessary orders in this regard...."
Learned counsel for the parties submit that in the light of the report according to which the tent covering the make-shift structure has been damaged and requires immediate replacement, this Court could on the analogy of previous/Order dated 07.03.2014 permit the authorised person/Commissioner, Faizabad Division, Faizabad, U.P. to replace the old and worn out tarpaulin sheet, jute matting, bamboo, polythene sheet and ropes over the makeshift structure by new ones of the same size and quality and exactly in the same manner as they were previously placed. The process of replacement of old cover by the new could be undertaken and completed under the supervision of the two Observers who have been visiting the site. It is further submitted by Learned Counsel for the Respondent that this Court had by Order dated 07.03.2014 also permitted the authorised officer to cover the polythene sheet with six inches of soil in the presence of the Observers which part could also be permitted once more.
(2.) In that view and keeping in view the joint prayer made at the Bar Learned Counsel for the parties we see no reason why a direction in terms of what was stated in our Order 07.03.2014 referred to above should not be issued. We accordingly permit the authorised officer/Commissioner Faizabad Division, Faizabad, U.P. to replace the old and worn out tarpaulin sheet, jute matting bamboo, polythene sheet and ropes over the makeshift structure by new ones of the same size and quality and exactly in the same manner as they were previously placed. We also permit the authorised officer to cover the polythene sheet with six inches of soil. Needful shall be done in the presence of the Observers.
(3.) Mr. C.S. Vaidyanathan, learned senior counsel appearing for the Appellants in C.A. Nos. 4768-4771 of 2011 points out that although there was a direction issued by this Court on 09.05.2011 asking the Registry to provide to the parties CDs containing electronic copies of the digital record summoned from the High Court, the needful has not been done so far. He prays for a direction to the Registry to comply with the said order. We see no reason to decline that prayer. The Registry shall take steps to provide to the parties CDs containing electronic copies of the digital record summoned from the High Court.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.