ALOK NIGAM Vs. UNION OF INDIA

JUDGEMENT

(1.) I had the opportunity to read the draft judgment prepared by Dilip Raosaheb Deshmukh, J. Having read the draft judgment prepared by Dilip Raosaheb Deshmukh, J and reflecting upon the conclusion reached by him deeply and repeatedly, I am not in a position to fall in line with the view taken by him. has referred to the facts of the case in the judgment prepared by him and therefore, there is no need for me to refer to all those facts in detail again in this order.

(2.) IN this batch of writ petitions, the following points arise for decisionmaking:

(3.) IN the writ petition filed by Dr. B.L. Wadhera, this Court vide an order dated 24-04-2003 directed maintenance of status quo regarding the property i.e. the land allotted to M/s Maruti and not to cut trees standing on the land. On the service of the order on M/s Maruti, M/s Maruti filed an application for modification thereof. On 09-05-2003, this Court modified the order to the extent that M/s Maruti was allowed to continue with the construction of the main building up to the level of setting up of the machinery It was, however, made clear that beyond the completion of the construction, M/s Maruti would not set up the machinery and would ensure that they would not cut any further trees standing on the land. The construction was to be at M/s Maruti's risk. Against the aforesaid order, Dr. B.L. Wadhera filed a Special Leave Petition before the Hon'ble Supreme Court being S.L.P. No. 22531 of 2003. initially, the Hon'ble Supreme Court passed an order granting stay of further construction.