The Allahabad High Court on Tuesday (10th November) rejected a petition which alleged contempt of Supreme Court order and observed that a Tiraha or Round About does not come under the definition of the public road, pavements, sideways, and any other public utility place.
Justice Pankaj Bhatia heard an application which was filed and alleged about the non-implementation of the Supreme Court directions dated 18.1.2013 passed in Special Leave Application (Civil) No.8519 of 2006.
The Counsel representing the applicant stated that the applicant who filed the said case is a society that puts public issues of importance and came before the Court because they found a sheer violation of the Supreme Court directions given in the verdict of the above-mentioned case.
(In the said case, the Supreme Court held that State Government should not give permission for the installation of any statue or construction of any structure in public roads, pavements, sideways, and other public places.)
The counsel for the applicant argued that despite the orders passed by the Supreme Court followed by the Government’s order dated 11th August 2013, the respondent authorities approved the installation of the statue of Maharana Pratap on the Tihara/ Round About on Shamli Road in front of the Police Chowki.
He said that approval is contrary to the judgment of the Supreme Court and has contempt the Apex Court’s order and the High Court should punish the respondent for the same.
The Court observed, “This Court cannot accept the applicant’s argument because the order passed by Supreme Court talked about not constructing or installing any statue or structure on public utility services but a Tihara or roundabout does not come under the definition of public places and so the arguments made by the council about the contempt of the orders of Supreme Court cannot be accepted.”
The Court further said that if the applicant is aggrieved by the approval of Nagar Palika then he may file a case against the Nagar Palika according to due process of law. The contempt plea was dismissed.