Court No. - 9
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2593 of 2010
Petitioner :- Madhu Mangal Shukla
Respondent :- Union Of India Thru. Secr. Ministry Of Environment &
Others
Petitioner Counsel :- A. Chaturvedi,Amit Verma,G.N. Verma
Respondent Counsel :- A.S.G.I.,A.K. Nigam,C.S.C. (2010/2052),D.S.
Chauhan,Dr.Ashok Nigam,Irfan Ali,R.P. Mishra,Rajesh Mishra
Hon'ble Vijay Manohar Sahai,J.
Hon'ble Raj Mani Chauhan,J.
Counter affidavit filed by the respondents as directed by this Court, is taken on record. Three weeks' time is allowed to the petitioner to file rejoinder affidavit. Two copies of the Map of the bridge under construction shown to the Court, which are taken on record. The Standing Counsel is directed to file the copies of the Map by filing an affidavit.
Heard Sri A. Chaturvedi for the petitioner and Sri Yogendra Yadav, Sri V.C. Mishra, Senior Advocate, assisted by Sri D. S. Chauhan, Sri Yashwant Verma and Sri P.C. Shukla and R.P. Mishra appearing for the respondents.
We have gone through the counter affidavits filed by the respondents and the Map shown to the court. From a perusal of Map it appears that the bridge is being constructed across the river by making a new Parikrama Marg, which will facilitate the pilgrims.
We are prima facie satisfied that the bridge is being constructed across the river. Further in the counter affidavit a letter of the Commissioner, Agra Division, Agra has been filed. In the letter dated 16.3.2010 of the Commissioner, Agra Division, Agra, it has been stated that even though the land in dispute is within the Taj Trapezium Zone but the permission and clearance from environment department is not necessary as the construction of bridge is not causing any pollution which may be detrimental to the Taj Trapezium Zone.
In view of the above, the interim orders dated 21.01.2010 and 23.02.2010 are hereby vacated.
The matter is released. List before a Division Bench for hearing after obtaining nomination from Hon'ble the Chief Justice.
Order Date :- 29.3.2010
Prajapati
