(Ranjan Gogoi and Rohinton Fali Nariman, JJ.)
Assam Public Works ________________________________ Petitioner;
v.
Union of India and Others ________________________ Respondent(s).
Writ Petition(C) No. 274 of 2009, decided on August 28, 2018
[IA No. 105327/2018-Appropriate Orders/Directions IA No. 86040/2018-Clarification/Direction IA No. 86036/2018-Clarification/Direction IA No. 105666/2018-Exemption From Filing OTIA No. 103961/2013-Intervention Application IA No. 10/2013-Intervention Application] With W.P.(C) No. 562/2012 (X) (I.A. For Stay Application on IA 1/2012, For on IA 24/2017 For on IA 25/2017 For Impleading Party on IA 41036/2017 For Intervention/Impleadment on IA 41036/2017 For Intervention Application on IA 92739/2018 IA 1/2012-Stay Application) W.P.(C) No. 916/2014 (PIL-W) (For [Permission to File Annexures] on IA 2/2015 For Exemption From Filing O.T. on IA 3/2015 and IA No. 119677/2017-Impleading Party) W.P.(C) No. 876/2014 (X) (IA No. 1/2014-Stay Application) W.P.(C) No. 311/2015 (X) (For on IA 2/2015 IA No. 1/2015-Seeking Leave to File Written Arguments) W.P.(C) No. 449/2015 (X) (For on IA 1/2015) W.P.(C) No. 450/2015 (X) (For on IA 1/2015) W.P.(C) No. 68/2016 (PIL-W) (IA No. 1/2017-Intervention Application) W.P.(C) No. 470/2018 (X) (For Admission and I.R. and IA No. 69948/2018-Exemption From Filing O.T.) Diary No. 20944/2018 (XIV) (For Admission and I.R. and IA No. 80351/2018-Condonation of Delay in Filing and IA No. 80352/2018-Exemption From Filing C/C of the Impugned Judgment and IA No. 80350/2018-Permission to File SLP/TP) Diary No. 21368/2018 (XIV) (For Admission and I.R. and IA No. 82085/2018-Condonation of Delay in Filing and IA No. 82087/2018-Exemption From Filing C/C of the Impugned Judgment and IA No. 82088/2018-Intervention/Impleadment and IA No. 82084/2018-Permission to File SLP/TP and IA No. 82086/2018-Permission to File Additional Documents) Diary No. 21377/2018 (XIV) (For Admission and I.R. and IA No. 92415/2018-Condonation of Delay in Filing and IA No. 92417/2018-Exemption From Filing C/C of the Impugned Judgment and IA No. 92411/2018-Permission to File SLP/TP and IA No. 92419/2018-Condonation of Delay in Refiling) Diary No. 21959/2018 (XIV) (For Admission and I.R. and IA No. 82961/2018-Condonation of Delay in Filing and IA No. 82962/2018-Exemption From Filing C/C of the Impugned Judgment and IA No. 82959/2018-Permission to File SLP/TP)
The Order of the court was delivered by
Order
1. During the course of hearing one of the issues that has cropped up is whether at the stage of filing of claims a claimant should be allowed to change the legacy and submit additional documents though included in List ‘A’.
2. Having considered the matter we are of the view that ramifications of this proposed change should be addressed by the learned Coordinator Shri Prateek Hajela who had carried out the entire exercise in the field. We, therefore, request Shri Hajela to submit a comprehensive report indicating the feasibility including the time taken and the advantages/disadvantages that may accrue if the aforesaid modification/change of legacy is permitted. Shri Hajela is requested to submit the report before 5th September, 2018 when this Bench will assemble at 2.00 p.m.
3. As a sequel to the above direction, the date of commencement of filing of claim(s) necessarily has to be postponed to a later date from the one proposed, namely, 30th August, 2018. We order accordingly.
4. At this stage, we may also indicate that pursuant to our previous order dated 16th August, 2018 Shri Hajela has placed before us a district-wise data of the percentage of the population who have been excluded from the final draft NRC. Having perused the same we are of the view that the Court should consider the necessity of carrying out the sample re-verification of at least 10% of the names included in the final draft NRC, if required, by a team of NSK Personnel from a neighbouring district. Shri Hajela is also requested to submit a report in this regard and the possible time frame when such an exercise can begin if ordered by the Court and the time frame within which the same can be completed.
5. List the matter on 5th September, 2018 at 2.00 p.m.
I.A. NO. 103961/2018 (FOR INTERVENTION) AND I.A. NO. 105327/20180 (FOR DIRECTIONS) IN WRIT PETITION (CIVIL) NO. 274 OF 2009
6. Issue notice.
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