SUPREME COURT OF INDIA

Before:- G.B. Pattanaik and U.C. Banerjee, JJ.

I.A. 3-4 in SLP (C) No. 133449-13450 of 2000. D/d. 20.10.2000.

D.D. Mittal and Ors. - Petitioners

Versus

Union Of India and Ors. - Respondents

Public Interest Litigation - Unauthorized Construction - Chavan Rishi Apartments in Delhi - Demolition - Petitioners permitted to remove machinery and other materials lying at the site.

[Para ]

JUDGMENT

1. This is an application by the builder seeking permission of the Court to allow him to take away his machinery and other materials lying at the site as he is not being permitted entry into the site.

2. The learned Additional Solicitor General seriously objects to the aforesaid prayer. But, having considered the facts and circumstances of the present case, we permit the petitioners to remove their machinery and other materials lying at the site, by preparing a list and giving a copy thereof to the Officer who is available at the site, and on being verified by the Officer of the Department. The other prayer to permit the builder to demolish the building at his cost is rejected.

.