Bombay High Court
Sri Sri Gurudeo Construction Co ... vs Union Of India And Anr on 3 February, 2023
Bench: G.S. Patel, Dr. Neela Gokhale
6-ASWP-1411-2010+.DOC
Ashwini V
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1411 OF 2010
Shrikrishna Narayan Dandwate & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
WITH
WRIT PETITION NO. 11344 OF 2011
Lunawat Construction Company Represented by ...Petitioner
Maniklal P Lunawat
Versus
Union of India & Ors ...Respondents
WITH
INTERIM APPLICATION (ST) NO. 27717 OF 2022
IN
WRIT PETITION NO. 11344 OF 2011
Sri Sri Gurudeo Construction Co (Earlier known ...Applicant
as Lunawat Construction Co)
In the matter between
Lunawat Construction Company Represented by ...Petitioner
Maniklal P Lunawat
Versus
Union of India & Ors ...Respondents
WITH
WRIT PETITION NO. 12181 OF 2012
Hemant Naiknavare S/o Shri Dattaji Naiknavare
& Anr ...Petitioners
Page 1 of 4
3rd February 2023
6-ASWP-1411-2010+.DOC
Versus
Union of India & Ors ...Respondents
Mr Drupad Patil, for the Petitioner in WP/1411/2010 and for the
Applicant in IAST/27717/2022.
Mr Jaydeep Deo, for the Petitioner in WP/12181/2012.
Mr Ram Apte, Senior Advocate, with Samiksha Kanani, YR
Mishra & Saurabh Mishra, for Respondents Nos. 1 to 3-UOI in
WP/1411/2011.
CORAM G.S. Patel &
Dr Neela Gokhale, JJ.
DATED: 3rd February 2023
PC:-
1. The Petition challenges to provisions of the Ancient
Monuments and Archaeological Sites and Remains (Amendment
and Validation) Ordinance, 2010 ("Act 2010"). Although these
petitions have been pending since 2010, it appears that no notice
have ever been issued to Learned Attorney General despite this
vires challenge. Accordingly, issue notice to the learned Attorney
General.
2. We believe the issue of law is narrow and well defined. We
make notice returnable on 8th March 2023 at 2.30 p.m. As a
courtesy, an advance copy of each of these Petitions with
amendment will be served at the office of the learned Additional
Solicitor General.
3rd February 2023
6-ASWP-1411-2010+.DOC
3. Since this is the nature of a vires challenge, we request the
Petitioners and the Respondents to file by 24th February 2023 in
hard and soft copy--
(a) Advance concise notes of arguments not exceeding 20
pages in a font size not less than 12 pt Times New
Roman. There are to be no extracts from judgments or
documents in the submissions. References may be
included in footnotes.
(b) Chronology of dates and events.
(c) A properly indexed and paginated compilation of
authorities proposed to be relied on. The soft copy
must in particular not only be bookmarked but the
index or table of contents page must be hyper-linked to
the starting page of each of the compiled judgments.
The relevant paragraphs must be shown in the index
itself.
4. These are to be filed in the Registry by 24th February 2023.
Soft copies may be made available to the Court Associate on a pen
drive.
5. Separately, by 3rd March 2023 we request the Registry to
have the present records scanned and digitized. A copy of the final
scanned and digitized PDF file will be made available to all
advocates for convenience and free of charge.
6. The Interim Application (St) No. 27717 of 2022for
amendment to correct name of the Petitioners is made absolute.
3rd February 2023
6-ASWP-1411-2010+.DOC
The amendment is to be carried out by Monday, 13th February 2023
without need of reverification. All filing defects must be cured and
the Interim Application must be finally numbered before the
amendments are effected.
7. The Interim Application is disposed of in these terms.
(Dr Neela Gokhale, J) (G. S. Patel, J)
3rd February 2023
