The apex court, however, clarified that the main case would continue to be heard by the high court and there will be a stay only on the portion of the HC order asking for the survey.
“We are informed by the senior counsel appearing for the petitioner that the writ petition is listed for hearing before the high court on August 11. The pendency of this special leave petition shall not deter the high court from continuing with the hearing of the writ petition. However, the direction issued by the HC for conducting a physical survey of properties/ buildings to be identified by the Estate Officer where there has been transfer of shares is stayed,” the apex court has directed.
A division bench comprising Justice L Nageswara Rao and Justice Aniruddha Bose of the SC has passed these orders while hearing a petition filed by Mamta Gupta against the resident welfare association, UT chief architect and other individual respondents of Chandigarh.
The case was heard by the SC on Monday but the copy of the order was released on Tuesday. In its order dated July 28, a division bench of the Punjab and Haryana high court had directed the chief architect to conduct the survey within two weeks. The matter is pending before the HC in the wake of a public interest litigation (PIL) filed by the Sector 10 Resident Welfare Association on the raising of apartments from the debris of bungalows. The matter would come up for hearing before the high court on Wednesday.