Karnika Seth vs. Union Of India

O U T T O D A Y

ITEM NO.MM 1-C COURT NO.1 SECTION XVII

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

CIVIL APPEAL NO.D 19355 OF 2013

KARNIKA SETH AND ANR Appellant (s)

VERSUS

UNION OF INDIA AND ORS. Respondent(s)

(With appln(s) for ex-parte stay, permission to file appeal and permission to appear and argue in person)

Date: 05/07/2013 This Petition was called on for hearing today.

CORAM :

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HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE VIKRAMAJIT SEN

For Petitioner(s) Ms. Karnika Seth, Petitioner-in-Person

Mr. Amit Seth, Petitioner-in-Person

For Respondent(s)

UPON hearing counsel the Court made the following O R D E R

Permission to file the civil appeal is granted.

Appeal admitted.

Let notice issue on the prayer for interim relief, returnable four weeks hence.

Since from the documents annexed to the Memo of Appeal, it appears that an order was passed on 5th November, 2005, by the Superintending Engineer, Canal Colony, Okhla, New Delhi - 110025, permitting the predecessor-in-interest of the petitioners to construct a temporary road for protection of crops and garden, etc. and installing of gates for protection from stray animals and also temporary construction for Chowkidar, etc. and a subsequent order dated 6th May, 2006, passed by the Executive Officer, District Panchayat, Gautam Budh Nagar, in support of the earlier order, the parties concerned are directed to maintain status quo in respect of the petitioners' land, until further orders of this Court.

This interim order will not prevent the concerned authorities from considering the petitioners' representations made on 24th and 25th June, 2013, and to dispose of the same in accordance with the directions contained in the order passed by the National Green Tribunal on 20th May, 2013. However, final orders therein are not to be passed, without the leave of this Court.

We make it clear that this order is confined to the plot of the petitioners only.

|(Chetan Kumar) | |(Juginder Kaur) | |Court Master | |Assistant Registrar |