Dear All,
This is to inform that today CROMA's Special Leave Petition alongwith application forleave to file the petition and application for condonation of delay in filingthe Petition was listed for first hearing.
On behalf of CROMA and RWA's Mr. Jayant Bhushan, Senior Advocate appeared forargument on the Petition. After hearing the argument for a few minutes theHon'ble Judges of the Supreme Court passed the order in legal language as Iheard as simple "Notice Issued. Tagged with Petitions of the builders".The final verdict and exact language can be seen by getting the online copy ofthe order by tommorrow evening or Tuesday evening as Monday being a holiday forIdul Fitr.
The abovesaid is the update in the legal terms. Now in terms of non legalbackground person or in a laymanlanguage, I can explain the update about the court hearing and status what itmeans:
The abovesaid interpretation in layman's language is that CROMA's petition is admittedand notice is issued to all the opposite parties i.e. U.P. Govt./GDA/GNN/MoEF/UPPollution Control Board etc. Tagging with builders petition is normal SupremeCourt procedure and it means that where any Petition involving same question oflaw and fact is pending before the Supreme Court in that case all the petitionwill be heard together to get finality of the issue by final judgement. Thatmeans now we will be given an opportunity to argue on the Enviornmental groundsand Constitutional grounds of the petition alongwith builders petition which ison the change of land use by way of govt. notification at the of time of FinalArguments. During the hearing, the Court was of the view that as residents havefiled the petition alongwith application for leave to file the petition as theywere not a party in the High Court and also petition is filed after a delay ofone year, the Court was about to impose the penalty/cost of huge amount ofrupees same like as the High Court did on the builders by imposing a penalty of1crore rupees. However on mentioning by our Sr. Advocate that the Petitionersare just residents association and are the owners of the flat and have no faultat all in buying the flat, the penalty was not ordered and we got safe entryand intervention in the builders petition to argue our case. Accordingly on ourpetition was notice was issued and same got tagged with builders petition.
Sr.Advocate : Last Evening Conference views and views immediately after the CourtHearing:
As advised by our Senior Advocate that at this stage to get the Stay Order is verydifficult as already communicated by him in advance in the last eveningconference attended by few CROMA representatives accordingly the STAY was notasked for . Our Sr. Advocate also advised that STAY can be asked for anytime ifgovt. authorities actually initiate the process to start the plant or startthrowing garbage. He further advised by simply relying upon news paper statementsand articles and saying that boundarywall is ready and guard room is constructed, court may refuse to give stay and then we cannever ask for stay. We have to move very strategically when our stakes are sohigh and we are before the last legal forum of the country.
Hope this clarifies the status of the hearing. If still someone needs any clarification on the abovesaidplease feel to write or can buzz the undersigned. Also please wait for copy of order availability online.
BestRegards,
AkhilP.Chhabra
General Secretary and Legal Team-CROMA
CrossingsRepublik Flats Owners Association
M-9810429362
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