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Tata Housing moves SC against stay

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Express news service

Posted: Jan 11, 2012 at 0422 hrs IST

Chandigarh Tata Housing Development Company Ltd has moved the Supreme Court challenging the high court’s stay on its Camelot housing project. A division bench headed by Justice D K Jain has issued notices to advocate Aalok Jagga, the petitioner who filed the PIL, which lead to the stay order on January 20 last year.

In its special leave petition (SLP), Tata has challenged the order whereby a stay was granted and another order by which the high court had admitted the petition for regular hearing. The petitioner has been asked to respond to the SLP within a week.

Meanwhile, the Punjab and Haryana High Court on Tuesday adjourned the pending case on the housing project to January 31. Counsel for Hash Builders — a respondent in the case — requested the court to vacate the stay granted on the construction, but to no avail.

Also, Hash Builders filed a detailed reply to the ongoing PIL. The development took place during the resumed hearing of a PIL arising out of a suo motu notice taken on a news item of The Indian Express dated November 9, 2010.

The Indian Express had highlighted how the new constructions coming up in the vicinity of Chandigarh will obstruct the hill view and pose a threat to the city’s heritage. A connected PIL was filed by advocate Aalok Jagga through his counsel advocate D S Patwalia.

In its reply, Hash builders submitted that the stay granted by the high court is “detrimental” to the project. The builder has contended that the company has all the required clearances for the construction of the project and that nothing was being carried out clandestinely.

The builder has also challenged the locus standi of the petitioner in the case. It further submitted that the project is coming up in land located in Punjab and that the Ministry of Environment has given consent for its construction. The case was adjourned to January 31.

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