[ZESTCaste] Noida statues: Supreme Court hearing on Mar 18 on plea for lifting stay

[Siddhartha Kumar]

http://www.dnaindia.com/india/report_noida-statues-supreme-court-hearing-on-mar-18-on-plea-for-lifting-stay_1358369

Noida statues: Supreme Court hearing on Mar 18 on plea for lifting stay
PTI
Friday, March 12, 2010 17:37 IST

New Delhi: The Supreme Court today fixed March 18 for hearing the
Uttar Pradesh government plea for lifting the stay on the work for
construction of statues and memorials for Dalit leaders at a park in
Noida near here, which, the state claimed, was causing a loss of Rs
three lakh everyday.

A Special Forest Bench headed by chief justice KG Balakrishnan said it
will give a full day hearing to decide the contentious issue involved
in the matter.

Uttar Pradesh Government, which has claimed that it was losing Rs
three lakh everyday on the project, has said that the Ministry of
Environment and Forest (MoEF) has filed an affidavit which favours
that the stay on construction at the site be lifted.

"The MoEF has filed a decent affidavit. The land in question does not
come under the forest area," senior advocate KK Venugopal, appearing
for the state government, said, while opposing the plea of advocate A
D N Rao, who sought adjournment for a week.

Rao, who is assisting the court as amicus curiae in the matter, said
the issue was not only limited to the MoEF affidavit and that waiting
for a week more will not make much difference.

Additional solicitor general Indira Jaising, appearing for the Centre,
said the issue involved interpretation of laws and the notification by
MoEF relating to the use of forest land for construction activities.

She said it has to be determined what the expression built-up area
means to adjudicate whether the constructions were in accordance with
the law and permission under the notification was required.