SC refuses petition on boundary wall row for Kanshiram memorial | delhi | Hindustan Times
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SC refuses petition on boundary wall row for Kanshiram memorial

delhi Updated: Jun 21, 2010 21:59 IST

The Supreme Court today declined to entertain a petition seeking certain directions to the Allahabad High Court on the construction of a boundary wall by Maywati Goverment in Uttar Pradesh for Kanshiram Memorial near the old jail premises in Lucknow city.

The petitioner Sangam Lal Pandey, an advocate, had urged the apex court to direct the Allahabad High Court to post his writ petition before a regular bench for expeditious hearing of the matter.

The petition alleged adjudication of his writ petition challenging the construction of the 15-feet boundary wall at the place was getting delayed as the acting Chief Justice of the High court Amitav Lala had recently listed the matter to be heard as a "part heard" matter before a bench to be presided by him.

When a matter is listed as "part heard", it has to be heard by only a particular bench subject to availability of the judges concerned. Whereas in the case of regular bench the matter can be heard by any other judge.

The petitioner's argument was that since the case has been listed as "part heard", the hearing would unduly get delayed as the bench comprising Justice Amitav Lala sits only for five days in a month for dealing with such matters.

However, the apex court bench of Justices R M Lodha and A K Patnaik, which was not impressed with the arguments of the petitioner, asked him to approach the High Court for his relief.

The construction of the boundary wall has been challenged by the petitioner on the ground that it affected the natural ventilation now available to local residents and also on the plea that the construction has narrowed the 50-feet approach road to a mere 12 feet, causing severe traffic jam.