SC restrains respondent from taking coercive steps regarding Parvati plot order
The top court’s order comes after a review petition to the effect was filed by the civic body before the SC regarding returning the plot to its owner
A Supreme Court (SC) bench comprising chief justice Dhananjay Chandrachud and justice Hima Kohli on Wednesday restrained respondent Rajhan Narendra Raut from taking coercive action regarding the apex court’s impugned judgment dated August 25 wherein it had ordered the Pune Municipal Corporation (PMC) to handover a 16 acre plot at Parvati to the respondent and owner of said property, Raut.
The order stated, “No precipitate or coercive steps shall be taken by the respondents in pursuance of the impugned judgment, pending further orders. The counsel shall file a brief set of written submissions not exceeding five pages each which shall also be emailed to firstname.lastname@example.org.”
The order further stated, “In order to enable this court to assess the issues which are involved in the review petition, we have requested Ms Madhavi Divan, additional solicitor general, to prepare a comprehensive list of dates which may be shared with Ms Shyel Trehan, counsel appearing on behalf of the respondents. Thereafter, the counsel for the respondents would be at liberty to make track changes on the basis of the record as it stands, should any additional facts remain to be set out in the list of dates. The list of dates which is presented to the court on the factual background shall be in accord(ance) with the underlying documentary material which forms the part of the record before the high court and this court.”
The SC listed the review petition for hearing on January 17. The top court’s order comes after a review petition to the effect was filed by the civic body before the SC regarding returning the plot to its owner. Pune Municipal Corporation legal officer Nisha Chavan and officers from the building permission department were present for the hearing. Yuvraj Deshkukh, officer, PMC building permission department, who was present at the hearing, said, “The apex court had heard our review petition patiently and had admitted it. We are hoping that the PMC will be able to save this land in the interest of the city.”
The case was heard by various legal forums for 18 years and at all forums, PMC won the case but the landowner Raut approached the apex court. Earlier, the SC had asked the PMC to opt for a mutual settlement but later on August 25, 2022, former chief justice N V Ramana ordered the return of Hilltop Hillslope plot number 517 part and plot number 523 to the original owner. At this juncture, the PMC administration was worried that the SC decision will affect land acquisition for the biodiversity park (BDP) project in the city. Soon after, PMC commissioner Vikram Kumar and city engineer Prashant Waghmare decided to file a review petition against the SC order. The review petition was heard on December 7 by chief justice Chandrachud.