M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Ias Nos. 66 and 67 on 7-12-1998, this Court passed an order. The last paragraph of the order reads as follows:

(2.) Pursuant to the said direction, the Agra Development Authority, Agra has placed before us. Plan III showing the location of the proposed site for construction of 71 kiosks. Copies of the plan have been shown to Mr Krishan mahajan, Mr M. C. Mehta, Advocates as also to learned counsel for the shopkeepers, who are residing in the area. From the plan, it is obvious that the proposed area is located a little away from Amrud ka Tilla, the proposed parking space and beyond the road adjacent to the proposed parking space. The plan is signed by the Landscape Architect, Chief Town Planner and the vice-Chairman of the Agra Development Authority. It also shows the place where some trees are already in existence. We are told that the construction will not involve cutting down of any trees, but at the most some shrubs will have to be removed. The site is now in the possession of the Department of horticulture, State of U. P. State Government would hand over possession of the said site to the Agra Development Authority, Agra, within one week from today and thereafter, the Agra Development Authority will proceed with the development of this area and the construction of the 71 kiosks, as mentioned in this plan. In other words, the plan has the approval of this Court.

(3.) Learned counsel appearing on behalf of the Association of shopkeepers submits that the shopkeepers may be permitted to construct the kiosks at their own expenses. Learned counsel further submits that the shopkeepers will appoint a contractor who would construct these shops in accordance with the plan above mentioned. The Agra Development Authority will grant necessary permission to the said contractor for the construction and shall supervise the manner in which the construction is being done.