New Delhi: The Supreme Court on Thursday (January 9) ordered the authorities as well as to petitioners to maintain status quo on the construction of housing units being built under the Pradhan Mantri Awas Yojana (PMAY) at a site in Lucknow whose ownership is claimed by late gangster-turned-politician Mukhtar Ansari’s sons.
A bench comprising Justice Surya Kant and Justice N Kotiswar Singh ordered the status quo after senior advocate Kapil Sibal, who represented Mukhtar Ansari’s son Abbas Ansari, informed the bench that no interim order was passed by the division bench of the Allahabad High Court on Abbas Ansari’s plea regarding the possession of the land despite the matter being listed before the court repeatedly.
Despite top court order, case has not been taken for hearing by High Court, Sibal told bench
Sibal informed the bench on Thursday that despite the top court’s order asking the High Court to hear Abbas Ansari’s application for interim stay as early as possible, the case has not been taken for hearing.
Allahabad High Court is one of the high courts which one should be worrisome about, bench said
“Some High Courts, we don’t know what will happen. Allahabad High Court is one of the high courts which one should be worrisome about,” the bench said.
The bench, while granting the status quo on construction at the disputed site, directed the High Court to hear the matter expeditiously.
“Since we have not issued notice and have also not obtained any report from Registry of the High Court (Allahabad), we are not inclined to express any opinion as to what were the circumstances in which the petitioner’s writ petition could not be taken up for hearing by the bench, though it was listed from time to time,” the apex court bench observed.
The bench said that the petitioners have specifically stated that the authorities have commenced construction at the site, which the petitioners claim to be under their ownership and observed that if third party rights are created, the same is likely to cause irreversible loss to the petitioners.
Maintain status quo at site till matter is heard by High Court: Apex Court
“We dispose of this application with a direction to the authorities as well as to the petitioners to maintain status quo at the site till the matter is heard by the High Court,” the bench said.
As per Abbas Ansari, his grandfather purchased a share in the plot in question at Lucknow and it was bequeathed to him and his brother through a registered will dated June 28, 2017. The Lucknow Development Authority had bulldozed the bungalow in the said property in 2020.
