We consider it appropriate, in such circumstances, to modify the order under appeal, and permit the 5th respondent to put forth his objections, (to the construction made by the appellants and their application for regularisation), to the G.H.M.C within 10 days from today, making available a copy thereof to the appellants who shall, within one week from the date of receipt of a copy of the objections filed by the 5th respondent, put forth their claims before the G.H.M.C. Respondents 2 to 4 shall, within 10 days thereafter, consider the appellants’ application for regularisation in accordance with law, and pass orders thereupon. Needless to state that, after such an order is passed, it is open to the G.H.M.C to proceed and take necessary action in accordance with law. It is also made clear that approval, if any, granted by the G.H.M.C in favour of the appellants in terms of the scheme, shall be subject to the result of W.P.(PIL) No.63 of 2016 wherein the validity of the scheme is itself put in issue. Any decision taken by the G.H.M.C on the appellants’ application (be it grant of approval or rejection) shall be communicated to the appellants and the fifth respondent within the time stipulated hereinabove. Till an order is passed by the G.H.M.C as indicated hereinabove, no coercive action shall be taken to demolish the subject construction.
