The Supreme Court recently stayed the construction of a ropeway station for the ambitious Varanasi Ropeway Project at Dashashwamedh, Uttar Pradesh [Mansha Singh & Others vs. State of U.P. & Others]..A Bench of Justice MM Sundresh and Justice Sanjay Karol passed the interim order of stay on a plea by three litigants who claim that their property is being illegally demolished to set up the ropeway station in Dashashwamedh.The Court has directed the the Uttar Pradesh government and Varanasi Development Authority to file their response to the plea by April 14 and ordered them to maintain status quo in the meanwhile."In the meantime, the parties shall maintain status quo as on date," the Court ordered..The Varanasi Ropeway Project, or the Kashi ropeway is under construction aerial car transportation system that is aimed at easing traffic congestion in the city. It is being touted as India's first public transport ropeway, and is expected to cover a distance of around 4.2 kilometers between the Cantt Railway Station (Varanasi Junction) and Church Square (Godauliya). Ropeway stations would include those near Kashi Vishwanath Temple and the Dashashwamedh Ghat..However, the authorities have now been accused of illegally demolishing private property to set up the Dashashwamedh Ghat station. The property owners making this claim had initially approached the Allahabad High Court in the matter. When the matter was taken up by the High Court on January 20, it sought the response of the authorities and adjourned the hearing.Notably the High Court did not pass any direction to stay the ongoing construction. This refusal to pass a stay order has been questioned by the property owners (petitioners) before the Supreme Court. The petitioners argued that the High Court had acknowledged their claim that demolition had occurred on their property, but refused to restrain the authorities from carrying out further illegal construction while the case remained pending. This could cause them irreparable injury, the petitioners told the Supreme Court."By not extending any interim protection to the petitioners against the Respondents from making such further illegal constructions, the Hon'ble High Court committed manifest error which will lead to irreparable injury being caused to the Petitioners from enjoying peaceful possession of their property," the plea said. They, therefore, urged the top court to intervene. .The petitioners claim to be owners of freehold property situated at Dashashwamedh, Varanasi. According to their plea, their property included five shops and covered 4,083 square feet. This was allegedly demolished arbitrarily by the authorities for the construction of a ropeway station, the petitioners said.The petitioners added that such action was taken without serving prior notice, without following due process, and in violation of their constitutional rights under Articles 14 (right to equality), 21 (right to life and personal liberty), and 300-A (right to property) of the Constitution of India. .Their plea added that the State authorities did not issue any acquisition notice before the land was taken over or initiate proceedings for the grant of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013."The Respondent Authorities have neither initiated any acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for acquisition of the property belonging to the Petitioners nor have acquired the property through private negotiation," the petition read..The petition was filed through Advocate on Record Rohit Amit Sthalekar. Advocates Purnendu Bajpai and Shashank Singh also represented the petitioners before the Supreme Court. The matter is listed next on April 14. .[Read Order]
