IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5473 OF 2008 [Arising out of SLP(C) NO.10947 of 2006]

SURINDER SINGH & ORS. .......APPELLANT(S)  

Versus

STATE OF PUNJAB & ORS. .....RESPONDENT(S)

O R D E R

Leave granted. Heard the parties.  

2. The appellants, who are the residents of a residential area, filed a writ petition

objecting to the construction of a hospital coming up in one of the plots (Plot No.39) on

the ground that no hospital can come up in a residential plot in a residential area.  The

High Court,  by interim order dated 19.1.2006,  granted stay of  further construction.

Subsequently on 26.5.2006, while admitting the writ petition, the High Court vacated the

interim stay but directed that any construction on the site shall be subject to the final

decision in the writ petition.  It also recorded the undertaking given on behalf of the

fourth respondent  that  in  case  the  appellants  succeed  in the  writ  petition,  he shall

demolish the construction raised by him.  The Court also directed that the matter should

be listed for final disposal within one year.   

.........2.

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3. The grievance of the appellants is that if construction which is proceeding at a

fast pace is completed and if the hospital starts functioning, then the very purpose of the

writ petition will be defeated.   

4. We find that the High Court itself had directed that the petition should be

listed for final disposal within one year.  As on date, more than two years have elapsed.

In the circumstances,  we feel that the interim order requires a slight modification to

safeguard the interest of both parties.

5. We therefore request the High Court to hear and dispose of the writ petition

early preferably within four months.  Pending final decision, the respondents shall not

commence any kind of activity in the building under construction even if it is completed

before the decision in the writ petition. With the above modification to the impugned

order, this appeal is disposed of.

  ...........................J.    ( R.V. RAVEENDRAN )

New Delhi;    ...........................J. September 01, 2008.           ( J.M. PANCHAL )