Legal News at Vakilno1.com

Punjab and Haryana HC asks govt to form compensation commission

High Court of Punjab and Haryana asked Punjab government to set up a compensation commission within one month for the victims of large-scale violence witnessed in some parts of the state in 2009, in the wake of the death of a particular community leader, Sant Ramanandm in Vienna of Austria.

The directions were passed by a division bench comprising acting Chief Justice M M Kumar and Justice Alok Singh while hearing public interest litigation (PIL) filed on the issue. In its orders, the bench also specified that such a commission should be headed by a retired judge of the high court and the state government provide appropriate staff to the commission.

This commission would invite applications from the victims of violence and after assessment take decision on the mode of recovery of the loss. The HC also directed the state government to widely publicize in print media, asking people to come forward and deport against the culprits.

Punjab and Haryana HC cancels the order for acquisition of fertile land in Jeunpura

The Punjab and Haryana High Court has quashed the notification, issued by the Fatehgarh Sahib administration, for the acquisition of fertile land. The administration has been allegedly terrorizing villagers to surrender their land for a private company, which is constructing a thermal power plant near Nalas, at a low price.

A special 25 km railway track will be laid to supply coal to thermal power plant of a private company in Nalas near Rajpura. The company needs at least around 55-60 acres and track would be laid at the height of around 25 feet from other fertile land.

The villagers have been demanding commercial rate of their land as it is situated along the national highway, but the government has offered them very low price.

The government rate of other villages, from where non-commercial land has been acquired, is Rs 12.18 lakh per acre and the government has given them Rs 52 lakh per acre. But the commercial government rate of this (jeunpura) village land is Rs 47.52 lakh and the government has been offering the residents Rs 52 lakh.

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Delhi HC upholds NRAI’s decision to eliminate its treasurer

The Delhi High Court upheld the National Rifles Association of India’s decision to remove its treasurer, an Uttar Pradesh government official, for continuing on the post beyond four years without the mandatory permission.

Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw upheld the NRAI’s decision, dismissing sports body Treasurer Shyam Singh’s plea against his removal after his re-election in 2009. He had come to the court in an appeal against its single-judge bench’s order, upholding the NRAI’s governing body’s decision to remove him from the post in March 2011.

The bench accepted the sports body’s argument that the decision against Yadav was taken after a circular issued by the Ministry of Youth Affairs and Sports on February 4, 2010, stipulated prior governmental sanction for contesting / canvassing in election to sports bodies.

It also accepted the NRAI’s submission that as per the Department of Personnel and Training (DOPT) rule, no government servant should be allowed to hold an elective office in any sports association/federation for a term of more than four years or for one term, whichever is less.

Delhi HC holds back airing of CD featuring Singhvi

The Delhi High Court granted a permanent ban against publishing or distributing the contents of a CD allegedly depicting Congress spokesperson and senior advocate Abhishek Manu Singhvi in a compromising position.

The court’s direction came after Mukesh Kumar Lal, Singhvi’s former driver who allegedly prepared the CD, informed the court in a written statement that the matter was amicably settled between him and Singhvi.

Justice Reva Khetrapal taking on record the written submission filed by Lal passed the order restricting media houses from disseminating the contents of the CD.

Singhvi’s lawyer also told the court that the complaint filed at Gulmohar Park police station in south Delhi March 23 against Lal would be withdrawn as the matter had been amicably settled.

He claimed that he had done so because he wanted to take revenge from the Singhvi family because “one day Singhvis’ dog had bitten my wife and I felt that because of that my child was born physically challenged”.

Karnataka HC cancelled PWD notification issued by the Public Works Department

The Karnataka High Court cancelled a PWD notification to supply furniture and other wooden material and directed for a fresh tender process which was issued by the Public Works Department.

Sanjay Marketing and Publicity Services had approached the Court alleging that the PWD threw the norms to winds to benefit certain vested interests while awarding a contract to Asia Fab Tech Limited on November 18, 2011.

The Court was not pleased with submission made by the State government that the contractor had already finished half the job and any change in contract would affect the work.

The Asian Fab Tech had successfully bid for Rs 6.33 crore against the PWD’s estimated cost of Rs 5.13 crore for supply of furniture. On the other hand the petitioner had bid for Rs 4.33 crore, which the PWD rejected saying that it failed to satisfy eligibility criteria. The Court also directed the government to compensate Asian Fab Tech for whatever work it had carried out.

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Patna HC notice to Siwan Fast Track Court (FTC)-1 judge, MP

The Patna High Court issued notice to the Siwan Fast Track Court (FTC)-1 judge, Ram Darash, RJD MP from Maharajganj Umashankar Singh and his son Jitendra Swami following the FTC order acquitting the father and son in a kidnapping cum murder case of 2000. Even though a petition filed in the HC seeking the transfer of the case to another FTC was pending and was to be heard on April 18.

Charges in the case were framed by the Siwan court of ADJ-1, R N Tiwari, on August 18, 2010 against the MP and his son. Though the MP’s son was arrested and has been lodged in Siwan jail since 2005, Umashankar is out on bail.

Delivering its verdict, Siwan FTC-1 on Tuesday acquitted the father-son duo while a petition seeking the intervention of HC to transfer the case from the court, filed by one Vijay Singh, was to be taken up by the high court on April 18.

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Centre informs SC, Haj will be “once in a lifetime affair” now

The Centre has decide and informed the Supreme Court to restrict Haj pilgrimage at government subsidy to Muslims only as a “once in a lifetime” affair as against the existing policy of “once in five years “.

Now according to the new guidelines, it should be assured that priority is given to those applicants who have never performed Haj and the priority will be given to those who are in the 70 plus category and those who had unsuccessfully applied thrice earlier for the subsidy.

The apex court frowned at the practice of sending official delegations to accompany the pilgrims and had asked the Centre to furnish entire details regarding Haj subsidy, as also to the criteria adopted.

The apex court was hearing an appeal filed by the Centre challenging a Bombay High Court judgement which had directed the Ministry of External Affairs to allow certain private operators to operate the services of 800 of the 11,000 pilgrims earmarked under the VIP quota subsidised by the government.

Earlier, the bench had pulled up the Centre’s practice of “politicising” the annual Haj pilgrimage by permitting official delegations to accompany the pilgrims, for which the government offers huge subsidy, saying, “It’s a bad religious practice.”

Allahabad high court invalidates land acquisition for UP plant

The Allahabad high Court on Friday canceled the plan of constructing of an ambitious Rs 20,000 crore project for producing 2,640MW of power. The court allowed the writ petitions of farmers of Karchana and stalled the work given to Sangam Power Generation Company Ltd (SPGCL), an undertaking of the Jaypee Group in 2007.

However, the high court dismissed the writ petitions of farmers of Bara tehsil, challenging the notification issued by the state government for acquisition of their 777 hectare of land for the establishment of 3,200MW (three units of 660MW, expandable to two more units) of thermal power plant. The total cost of the project is around Rs 30,000 crore.

While allowing the writ petitions of farmers of Karchana, the HC quashed the state government notifications dated November 23, 2007, issued under Section 4 of the Land Acquisition Act-read with Section 17 (1) and 17 (4)-and also the notification (dated March 3, 2008) issued under Section 6 of the Act.

The judgment was delivered by a division bench of Justice Ashok Bhushan and Justice Sunita Agarwal on a bunch of writ petitions filed by Awadesh Pratap Singh and others of Bara as well as Karchana tehsils.

Newly constructed Imphal High Court starts functioning

The New Imphal High Court building is one of the major milestones the State has achieved since attaining statehood, he said creation of a new High Court Complex would pave the way for early setting up of separate High Court of Manipur which would enable the people of the State to have easy access to justice.

While describing the day as a landmark in the institutional history of ‘justice delivery’ in Manipur, the CM also assured that he would look into the proposal for creation of 132 additional posts for the Imphal Bench of Gauhati High Court and grant necessary concurrence at the earliest.

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Court cancels Karnataka Upa Lokayukta’s appointment

The Karnataka High Court on Tuesday set aside the appointment of Chandrashekaraiah, a former high court judge, as the state’s Upa Lokayukta (deputy ombudsman).

Karnataka Chief Justice Vikramjit Sen had earlier sought cancellation of retired judge Chandrashekaraiah’s appointment as Upa Lokayukta (deputy ombudsman) as it was made without consulting him.

Justice Sen opined that since he was not consulted, the appointment of Chandrashekaraiah (only one name), a retired judge of the Karnataka High Court, violates law and hence it should be annulled.

Chandrashekaraiah was sworn in January 22 and Justice Sen wrote to Chief Minister D.V. Sadananda Gowda for his “recall” on February 4.

The Karnataka Lokayukta Act says the Lokayukta and Upa Lokayutka are appointed by the Governor on the advice of the chief minister. The chief minister has to select the name in consultation with the high court chief justice, presiding officers of the state assembly and council and leaders of the opposition in the two houses of the legislature.

Reacting to Justice Sen’s demand for his recall, Chandrashekaraiah had ruled out resignation.