VIJAY SHANKAR GOEL Vs. ARCHAEOLOGICAL SURVEY OF INDIA

JUDGEMENT

(1.) PRESENT writ petition has been filed challenging the order dated 19th July, 2013 passed by the Monitoring Committee constituted by the Supreme Court. Petitioner also seeks de -sealing of property bearing No. 38, Chhatha Bazaar, also known as Arcade Bazar, Red Fort, Delhi and the tin shed in front thereof.

(2.) IN pursuance to the no objection to the de -sealing of the shop in question by Archaeological Survey of India (for short 'ASI ') as well as the Municipal Corporation of India (for short 'MCD '), this Court vide order dated 11th December, 2013 directed the shop -portion of the premises of the petitioner be de -sealed so that same could be used by the petitioner for selling handicrafts, jewellery, artefacts, etc. in accordance with Memorandum of Understanding (MOU) dated 7th September. 2007. As regards other portion in occupation of the petitioner, namely, restaurant in a tin shed, this Court issued notice.

(3.) MR . Asheesh Jain states that petitioner was entitled for possession of not only the shop -portion which had been de -sealed by this Court but also the tin shed in front of the shop admeasuring 965 sq. ft. in accordance with Clause 14 of the Agreement dated 1st September, 1980. The said Clause is reproduced hereinbelow: -