"How can the high court pass interim order on the issue relating to the master plan which is not in the domain of the judiciary," a bench comprising Justices H K Sema and Markandey Katju said while staying the April 4 interim order of the high court.
The Mayawati government had triggered a controversy by changing the land use of 35 acres area of Bhim Rao Ambedkar Park and starting construction activities for setting up the Kanshi Ram Research Institute in the green area.A group of residents moved the high court which had directed the state government to maintain status quo on construction activities.
The bench also issued notice to Gomati Nagar Jan Kalyan Maha Samiti and other petitioners on the plea of the state government seeking transfer of all cases relating to Ambedkar Park to the apex court and stayed all proceedings in the high court.While, the bench was expressing its displeasure over the high court order, senior advocate K T S Tulsi, opposing the state government's plea, reminded it about the April 8 order of the apex court.The Supreme Court on April 8 had directed the state government not carry out any permanent construction in the Ambedkar park.
Tulsi said staying the high court order will also undermine the order of the apex court. The senior advocate also reminded Justice Katju of a judgement delivered by him as the judge of the Allahabad High Court holding that land use of parks in the state cannot be converted for any other use. Senior advocates Harish Salve and S C Mishra submitted that the area had been was declared as a green belt by mistake.
Later, an amendment was incorporated in the Lucknow Master Plan through February 6 and March 11, 2008 notifications on the land use.
