The government succeeded in its second round of litigation on the issue of construction of the new Secretariat building.
The panel of Chief Justice Raghuvendra Singh Chauhan and Justice Vijay Sen Reddy dismissed the plea of Prof PL Vishweshwar Rao who challenged the earlier decision to demolish and later the act of demolition. In the second round of litigation, the petitioner contended that no prior permission as required under the law was taken.
The defence of the State government that the law required permission for construction and no permission was required at this stage won favour with the two judge panel which pronounced its orders earlier in the day. The
panel pointed out to an earlier circular of the Central government issued in 2006 and the implication of its amendment in 2016.
The panel pointed out that the notification issued in 2016 made it clear that it was only at the time of the construction that prior permission or clearance was required. Yet another argument of the petitioner that was rejected was with regard to the provisions of the Disaster Management Act and Epidemics Act. Advocate General BS Prasad pointed out that the two laws were merely enabling in nature and did not cast a duty, and therefore the argument of pollution be rejected. The panel rejected the petition.