16 April 2019
Supreme Court
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LUNAWAT CONSTRUCTION COMPANY REP. BY MANIKLAL PEERCHAND LUNAWAT Vs UNION OF INDIA MINISTRY OF CULTURE SECRETARY

Bench: HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE, HON'BLE MR. JUSTICE DINESH MAHESHWARI
Judgment by: HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
Case number: W.P.(C) No.-000096-000096 / 2011
Diary number: 14322 / 2010
Advocates: V. D. KHANNA Vs SHREEKANT N. TERDAL


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    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.

1. By filing Writ Petition (c) No.96/2011 under

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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