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Judgment
Delay Condonation Application No. 6297 of 2010
Delay Condonation Application No. 3268 of 2010
Delay in filing the counter affidavits are condoned.
Ms. Puja Banga, Advocate is appearing for respondent No. 3. By the order dated 17.05.2010, this Court directed respondent No. 3 to furnish, to this Court, list of encroachers on marine drive, other than respondent Nos. 5 to 8, as also details of the action taken by respondent No. 3 against such encroachers. A counter affidavit has been filed by the respondent No. 3, in that no list of encroachers on marine drive has been annexed. In the affidavit, it has also not been stated as to whether there is any encroacher on marine drive and if so, who are they? At the same time, it has also not been stated that there is no encroacher on marine drive. From the counter affidavit filed by some of respondent Nos. 5 to 8, it appears that respondent No. 3 proceeded against them by issuing notices, but thereafter did not taken any action. Since, Ms. Puja Banga, Advocate was not appearing in the first call, we have taken up the matter in the revised call and even than she is not present. Learned counsel for the State submitted that the State is not in a position to inform this Court whether there has been any encroacher on the marine drive and if so, what is the number of them. In those situation, we are constrained to direct the Vice President, Haridwar Development Authority, Haridwar to be present in Court with all records pertaining to encroachers of marine drive on 18th November, 2010 when the matter shall be listed at the top of the list.
The Registry is directed to serve the copy of this order to the Vice President, Haridwar Development Authority, Haridwar at its cost by registered post.