M A I N   N E W S

SC sends Camelot cases to Delhi HC
Sets aside Punjab & Haryana HC order giving green light to Tata project
R Sedhuraman
Legal Correspondent

New Delhi, April 22
The Supreme Court today transferred the cases relating to the controversial high-rise township project of Tata Camelot near Chandigarh’s Sukhna Lake to the Delhi High Court for adjudication by August 31.

It also set aside the Punjab and Haryana High Court order passed on March 26, 2012 permitting Tata to seek mandatory permissions and clearances from the Centre and Punjab Government.

A Bench headed by Justice RM Lodha shifted the cases pending in the SC and the Punjab and Haryana HC to the Delhi HC with the consent of the company and those opposed to the project in the interest of environment.

The apex court said it would be better if the dispute was first adjudicated by the Delhi HC, instead of Punjab and Haryana HC in a “surcharged” atmosphere.

Advocate Tanu Bedi, assisting the HC in Chandigarh as amicus curiae, pleaded with the SC Bench that the proceedings were going on in a normal atmosphere in the HC.

The SC Bench, however, allowed the Punjab and Haryana HC to go ahead with a related case, initiated suo motu by the HC, but asked it not to deal with the aspect as to whether the Camelot project fell in the catchment area of the Sukhna Lake.

The apex court directed Tata to maintain status quo on the project, involving construction of 19 towers with 7-28 stories and 1,794 residential flats, as of today, including on its plea for clearance from the National Wildlife Board. The company said it had obtained all other clearances, including from the Union Ministry of Environment and Forests.

The status quo order would be in place till the Delhi HC verdict and one month thereafter. In order to prevent delays in resolving the dispute, the SC said no further petitions would be entertained by any other court on the issue.

Court’s directive

• It will be better if the dispute is first adjudicated by the Delhi HC, instead of Punjab and Haryana HC in a ‘surcharged’ atmosphere; the case should be adjudicated by August 31
• The Punjab and Haryana HC can go ahead with a related case, initiated suo motu by the HC
• Tata should maintain status quo order in place till the Delhi HC verdict and one month thereafter
• No further petitions be entertained by any other court on the issue to prevent delays