The Allahabad High Court on Tuesday, 10th November dismissed a petition alleging contempt of the Supreme Court order. While observing that “a round about public Tiraha” does not fall within public road, pavements, sideways and any other public utility place.”
Justice Pankaj Bhatia was hearing an application dated 18.01.2013 filed alleging the non-compliance directions of the Supreme Court passed in the Special Leave to Appeal (Civil) no.8519 of 2006.
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, the Counsel for the applicant argued.
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”.
The Court in its order observed that,“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 roundabout 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.”
“In case applicant is aggrieved, he may take steps challenging the resolution passed by the Nagar Palika in accordance with law, if so advised, court further added.
The contempt application was dismissed.
Case title –
Janvikas Society v. Anju Agrawal and Another
[Contempt Application (Civil) No.4369 of 2020]
