A Division Bench comprising Acting Chief Justice Devinder Gupta and Justice K S Gupta asked the Central Government to take a final decision within three months, failing which the court will decide the issue on its own. ``We expect that the decision should be taken as early as possible,'' the judges observed.

The Central Government standing counsel submitted before the Bench that the matter was placed before the Cabinet which felt that it was better to evolve a consensus opinion on the issue after consultation with all the political parties.

He said at least three months time would be required to reach to a final decision. Taking this in view, the Bench granted them the time anddirected the government to a final decision and place it before the court by May 13.The court was hearing a public interest petition filed by the Conservation Society of Delhi (CSD) and the Indian National Trust for Arts and Cultural Heritage (INTUCH) protesting any proposal to shift the canopy from its present site. However, it was not opposed to the installation of the statue of Mahatma Gandhi without disturbing the canopy, which they termed as a part of the architectural heritage.

Later, All India Freedom Fighters Association (AIFFA) intervened and urged the court to order installation of Mahatma Gandhi statue at the site as the Capital does not have any statue of the Father of the Nation except in Parliament premises.

Parliament had passed resolution, supported by all political parties, on the installation of the statue, but the matter is pending decision for the last four years.

CSD and INTACH, which moved the PIL through its counsel Joy Basu said ``the canopy was a part of our architecturalheritage and under the fundamental duties of the Constitution it should be protected. The removal of the canopy was also a violation of the provisions of the Delhi Urban Arts Commission.''They said there were several laws on protection of aesthetic and cultural heritage and all these should be protected whether they were legacy of British Raj.

The court had through an interim order restrained the government from shifting the canopy from the India Gate.