Ajay Jose vs. The State Of Tamil Nadu

¨+ITEM NO.301 COURT NO.5 SECTION IIIA

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

I.A. NOS.14-17 IN ORIGINAL SUIT NO. 3/2006

STATE OF TAMIL NADU Petitioner(s)

VERSUS

STATE OF KERALA & ANR. Respondent(s)

[FOR DIRECTIONS AND PERMISSION TO REPLACE COUNTER AFFIDAVIT FILED ON 18.05.2011 IN I.A. NOS. 14-15 AND OFFICE REPORT)

Date: 24/08/2011 These applications were called on for hearing today.

CORAM :
	HON'BLE	MR.	JUSTICE		D.K. JAIN
	HON'BLE	DR.	JUSTICE		MUKUNDAKAM SHARMA
	HON'BLE	MR.	JUSTICE		R.M. LODHA
	HON'BLE	MR.	JUSTICE		DEEPAK VERMA
	HON'BLE	MR.	JUSTICE			CHANDRAMAULI KR. PRASAD
For Petitioner(s)			Mr.		V.A. Bobde, Sr. Adv.
State of T.N.		Mr.<br>Gurukrishna Kumar, AAG
			Mr.		G. Umapathy, Adv.
			Mr.	B.Balaji,Adv.
For Respondent(s)
State of Kerala			Mr. Rajeev Dhawan, Sr. Adv.<br>Mr. Mohan V. Katarki, Adv.
			Mr. Ramesh Babu M.R., Adv.
UOI			Mr.		Ashok Bhan, Sr. Adv.
			Ms.		Rashmi Malhotra, Adv.
			Mr.			S. Wasim A. Qadri, Adv.(N/P)
			Mr.		S.S. Rawat, Adv.(N/P)
			Mr.		D.S. Mahra, Adv.
						UPON hearing counsel the Court made the following
				O R D E R
		Second		Status	Report	dated	5th	August,

2011,	has	been	submitted		by	the		Empowered
committee		constituted		vide	order		dated	18th
February, 2010.

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In the said report, while indicating the

present status of investigations, technical studies and surveys, it is pointed out that the Empowered Committee had approached the Ministry

of Water Resources with a request to make available the services of Mr. S. Ghosh, Director, Central Water Commission on full time basis for a period of three months with effect from 1st June, 2011, to assist the Committee in compilation and co-relating the voluminous documents received by it. However, the said request was declined by the Ministry. Thereafter, the Committee again approached the said Ministry to grant approval for hiring the services of Dr. S.K. Sharma as a consultant, on contract basis, to assist the Committee for a period of three months. The request is stated to have been sent to the Government on 14th July, 2011, but Ministry's response thereon is still awaited.

Mr. Ashok Bhan, learned Senior Counsel appearing for the Union of India, states that according to his information, the said request is under process. He is, however, unable to indicate as to how much further time is likely to

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be taken by the Ministry for processing the said proposal. While expressing our displeasure on the delay on the part of the Ministry in processing the request made by the Empowered Committee, we direct that in case the requisite approval for said engagement has not yet been granted, the same shall be granted within two weeks from today.

The Committee has reported that due to change of counsel, there has been some delay in

the completion of the work assigned to the Committee. It is stated that the next date for meeting of the committee is fixed for 31st August, 2011.

Having regard to the circumstances enumerated in the status report, we extend the time for submission of the report by the Empowered Committee till 29th February, 2012. I.A. NOS. 16 & 17

For the reasons stated in the applications, these are allowed and the State of Kerala is permitted to replace their counter affidavits filed on 18th May, 2011. Consequently, the State of Tamil Nadu is permitted to file their revised rejoinder affidavit to the revised counter affidavit within six weeks.

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The applications stand disposed of accordingly.

	List	all	other	applications			after	the
final	report	is	submitted		by	the	Empowered
Committee.

(VINOD LAKHINA) (KUSUM GULATI) Court Master Court Master