Full Judgment Text
NONREPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (c) No.96 OF 2011
Lunawat Construction Company,
A Partnership Firm represented
By its Partner Maniklal Peerchand
Lunawat ….Petitioner(s)
VERSUS
Union of India & Anr. …Respondent(s)
WITH
TRANSFERRED CASE (c) No. 30 of 2010
AND
WRIT PETITION (c) No.36 OF 2012
J U D G M E N T
Abhay Manohar Sapre, J.
Signature Not Verified
1. By filing Writ Petition (c) No.96/2011 under
Digitally signed by
ASHOK RAJ SINGH
Date: 2019.04.22
13:51:20 IST
Reason:
Article 32 of the Constitution of India, the petitioner
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therein has challenged the constitutional validity of
The Ancient Monuments And Archaeological Sites and
Remains (Amendment and Validation) Act, 2010
(Annexure P 15).
2. In connected writ petition and the Transferred
Case, the petitioners have claimed the similar reliefs,
which are claimed in the lead Writ Petition No.
96/2011.
3. Having heard the learned counsel for the parties
and on perusal of the record of the case, we deem it
just and proper to send these writ petitions and the
transferred case to the High Court of Bombay for their
disposal on merits in accordance with law.
4. In our view, no prejudice is likely to cause to the
parties, if these writ petitions and the transferred case
are sent to the High Court for their hearing on merits
of the controversy instead of deciding the issue by this
Court in the first instance.
5. On the other hand, we are of the view that once
the High Court renders its decision, this Court will
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have the benefit of the findings of the High Court, if
occasion arises.
6. In view of the foregoing discussion, both the writ
petitions and the transferred case (W.P.(c)
No.96/2011, W.P.(c) No.36/2012 and T.C.(c)
No.30/2010 are sent to the High Court for their
disposal on merits in accordance with law. We request
the High Court to decide the cases expeditiously.
7. The writ petitions and the transferred case are
disposed of accordingly.
………...................................J.
[ABHAY MANOHAR SAPRE]
…...……..................................J.
[DINESH MAHESHWARI]
New Delhi;
April 16, 2019
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