Partly heard the learned counsel for the Appellant in Appeal No. 01/2016.
Learned counsel appearing for the State submits that the matter needs to be deferred to some other date in the third week of December 2017 for want of sufficient time.
Learned counsel appearing on behalf of the Appellant submits that the State has been making pleas for expediting the Appeals and to have day to day hearing therefor, and the posture taken by the State today is something contrary to the said pleas. However, considering the convenience of the counsel, Appellants do not want to make issue out of this plea, but wish to submit with reference to the certain photographs that the State is demolishing the structures as well as cutting down felling the trees in the area designated for the Air Port, Mopa in question. We do see from the photographs the action of demolition of the house and the felling of the trees in progress. However, as stated by the learned counsel for the State, we also find that it bears no reference to any specific area.
Learned counsel appearing on behalf of State submits that the location of the occurrences depicted in photographs is not perceptible from the photographs. It is true that the location cannot be read from the photograph but at the same time, it gives rise to a probability that such tree felling must be occurring at the area in question, particularly when the learned counsel for State is not in a position to deny or affirm the location of occurrences depicted in the photographs as asserted by the Appellants.. We, therefore, adjourn this matter at the request of the State subject to there being no tree cutting or tree felling in the area designated for the Air Port, Mopa.
List the case on 22 nd November, 2017.