SC extends stay on construction of memorial

The Supreme Court  expressed dissatisfaction over UP government's plea on the alleged violation of an undertaking for stoppage of work at Kanshi Ram Memorial Sthal in Lucknow and said the stay on all such activities will continue.

"The affidavit (of the UP Government) is not satisfactory," a Bench comprising Justices B N Agrawal and Aftab Alam observed.

The Bench said it has to decide whether the interim order will continue and to see what had happened after its direction.

"The question here has many, many burning issues," it observed during a brief hearing in the case.

It said the question was whether one could spend so much of money from the state or public exchequer for the purpose.

"Suppose today the legislature decides that 80 per cent of budgetary allocation should be spent on such works of memorials and statues, (then) is it not justiciable," the Bench asked.

"Serious questions arise in this petition," the Bench said adding, "the cabinet and the legislature have to act under the Constitution."

The apex court listed the matter for further hearing on 5th October and asked the parties to file their responses to the affidavit by 29th September.

The UP government had on yesterday tendered its apology to the court for any construction activity at various proposed memorial structures in Lucknow after the stay order of the bench.

In a detailed affidavit filed in response to the show cause notice issued on 11th September, the state claimed it had the highest regard for the apex court and that it believed in carrying out its directions in "letter and spirit."

On 8th September, the court had recorded an undertaking by the state that there would be no further construction activities at the memorials which have cost the exchequer Rs 2,600 crore.

However, media reports said construction activities were going on in full swing despite the court's directive, following which the bench had issued a show cause notice.

The state government had submitted that the photographs published in newspapers and telecast by the electronic media were erroneous and asserted that no construction activity was undertaken in any of the properties which were the subject matter of disputes before the Allahabad High Court.

The court had rapped the state government on 8th September for spending Rs 2,600 crore on memorials for Kanshi Ram and other dalit leaders in Lucknow.

The UP government had triggered a controversy by changing the land use of certain areas adjoining the 35-acre sprawling Ambedkar Sthal park green belt by demolishing 30-odd public buildings to construct the memorials.