(Per :
HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) This Application has been preferred by the petitioner-Corporation for condonation of delay of 520 days in preferring the proposed Appeal against the Order dated 19th January 2009 passed in S.C.A No. 10139 of 2008. By the said Order, the learned Single Judge, while issuing rule, passed ad interim order directing that if the respondent-writ petitioner submits development plan for construction of building over the land, the same shall be accepted by the petitioner-Corporation, and the processing shall be made in accordance with law, and shall not be denied on the ground that acquisition proposal is pending u/s. 78 of the B.P.M.C Act. The decision of the Corporation, if any, has been ordered to be placed on record for sanctioning of the plan or otherwise.
In the present case, as we find that ad interim order was passed by the learned Single Judge and rule was made returnable on 18th February 2009, we are of the view that instead of condoning delay for entertaining the proposed Appeal against the interim order, it would be desirable if the petitioner-Corporation is given liberty to move before the learned Single Judge for disposal of the writ petition viz., S.C.A No. 10139 of 2008 on merit and/or for vacating ad interim order dated 19th January 2009, as the case having not been taken up for hearing even after one year and eight months from the date, the rule was made returnable. In such case, the learned Single Judge is expected to hear the case on merit and/or to take up the petition for vacating the stay which may be decided in accordance with law. Both C.A and proposed L.P.A stand disposed of.
{S.J Mukhopadhaya, CJ.} {Anant S. Dave, J.} Prakash* Top