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Statue Of Maharana Pratap On The 'Tiraha/Round About': Allahabad High Court Dismisses Plea Alleging Contempt Of SC's Order

Sparsh Upadhyay
24 Nov 2020 5:21 AM GMT
Statue Of Maharana Pratap On The Tiraha/Round About: Allahabad High Court Dismisses Plea Alleging Contempt Of SCs Order
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While observing that "a round about public Tiraha" does not fall within public road, pavements, sideways and any other public utility place, the Allahabad High Court on Tuesday (10th November) dismissed a petition alleging contempt of the Supreme Court order.The Bench of Justice Pankaj Bhatia was hearing an application filed alleging non-compliance of the directions of the Supreme Court...

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While observing that "a round about public Tiraha" does not fall within public road, pavements, sideways and any other public utility place, the Allahabad High Court on Tuesday (10th November) dismissed a petition alleging contempt of the Supreme Court order.

The Bench of Justice Pankaj Bhatia was hearing an application filed alleging non-compliance of the directions of the Supreme Court dated 18.1.2013 passed in Special Leave to Appeal (Civil) No. 8519 of 2006.

The Counsel for the applicant argued that applicant in the present case is a Society which raises public issues of importance and has approached the Court alleging violation of the directions given by the Supreme Court in the above said case.

[NOTE: In the said Judgment, the Apex Court had ruled "that henceforth, State Government shall not grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places. Obviously, this order shall not apply to installation of high mast lights, street lights or construction relating to electrification, traffic, toll or for development and beautification of the streets, highways, roads etc. and relating to public utility and facilities"]

Arguments put forth

It was argued by the Counsel for the applicant that despite the specific order of the Supreme Court followed by a Government Order dated 11th August, 2013, the respondent authorities passed a resolution for installing the statue of Maharana Pratap on the Tiraha/round about on Shamli Road in front of the Police Chowki.

He alleged that the resolution passed by the authorities "is in the teeth of the judgment of the Supreme Court and is a clear contempt of the Supreme Court and the High Court should proceed to punish the opposite party for contempt."

Court's observations

The Court, in its order observed,

"I am sorry that the argument of the counsel for the applicant cannot be accepted as the intent of the Supreme Court order was not to allow constructions of any statue on the public road, pavements, sideways and other public utility place, a round about public Tiraha does not fall within any of the said and thus the contention of the counsel for the applicant alleging contempt of the Supreme Court order is not worthy of acceptance."

The Court further said that in case applicant is aggrieved, he may take steps challenging the resolution passed by the Nagar Palika in accordance with law, if so advised. The contempt application was, accordingly, dismissed.
Case title - Janvikas Society v. Anju Agrawal And Another [Contempt Application (Civil) No. - 4369 of 2020
[Read Order]



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