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Comments Off on NGT directs demolition of illegal hotels in Kasauli,slaps fine

NGT directs demolition of illegal hotels in Kasauli,slaps fine

News May 30, 2017

NGT directs demolition of illegal hotels in Kasauli,slaps fine

NGT directs demolition of illegal hotels in Kasauli,slaps fine

The National Green Tribunal today cracked the whip on seven hotels in the picturesque Kasauli town of Himachal Pradesh, directing the demolition of illegally constructed portions of their buildings and imposing fines ranging from Rs 5-10 lakh on each of them.

A bench headed by NGT Chairperson Justice Swatanter Kumar also imposed hefty environmental compensation on the hotels — Bird’s View Resort, Chelsea Resorts, Hotel Pine View, Narayani Guest House, Hotel Nilgiri, Hotel Divsikha and AAA Guest House for causing irretrievable damage to the ecology, polluting the environment and raising unauthorised constructions.

“We direct that the unauthorised and illegal construction raised in violation of the planning laws affecting environment, ecology and natural resources adversely, should be demolished in terms of the provisions of the NGT Act of 2010,” the bench, also comprising Expert Members Bikram Singh Sajwan and Ajay A Deshpande, said and sought compliance within two weeks.

The tribunal imposed an environmental compensation of Rs five lakh each on Bird’s View Hotel, Hotel Divsikha and AAA Guest House, Rs 7 lakh each on Chelsea Resorts, Hotel Pine View and Narayani Guest House and Rs 10 lakh on Nilgiri hotel.

“Each of these five noticees shall pay the environmental compensation within two weeks from the date of pronouncement of this order, failing which the same shall be recovered as arrears of land revenue and their premises shall be liable to be sealed and water and electricity supply shall also be disconnected,” the bench said.

The tribunal noted that Bird’s View Hotel, which had permission for five rooms and two cottages, has carried out excessive construction and built nine rooms, one cottage and a three-storey frame structure adjoining the existing building without obtaining prior approval from Town and Country Planner, Solan.

Similarly, Chelsea Resorts which had permission for two blocks with three-storeys each has illegally constructed four blocks besides a twin parking unit.

Hotel Pine View originally had permission for three storeys in one block with a total capacity of seven rooms but its owner has constructed a seven-storey structure in two inter-connected building blocks.

Narayani Guest House had consent for three storeys and one floor for parking. However, the owner has constructed a six-storey building.

Nilgiri Hotel had permission for three storeys but the bench noted that including basement, there were eight storeys of the building.

“With great sense of regret, we notice that the present cases are glaring examples of flagrant violation of the above canons of law, violations of statutory duties and more particularly environmental jurisprudence.

“The noticees in the present cases could not quench their thirst for indiscriminately and illegally constructing properties for earning money while destroying natural resources and destroying the environment. These cases are examples of cruel human and nature conflict, the conflict that is activated by greed for money,” the NGT said.

The tribunal directed the Forest Department of Himachal Pradesh to appoint a team for this purpose which will work in assistance with the state pollution control board to ensure compliance of this direction.

The NGT noted that there was shortage of staff and infrastructure with the Himachal Pradesh State Pollution Control Board and the Town and Country Planning department, which was an “impediment” in carrying out their duties and functions effectively.

It directed the Chief Secretary of Himachal Pradesh to consider the proposal of the respective departments for enhancement of staff and infrastructure to make functioning of the Board and the Department effective.

“Appropriate mechanism should be provided for collection, handling and disposal of Municipal Solid Waste from such hotels/guest houses, in accordance with the Solid Waste Management Rules, 2016,” it said.

The judgement came on the plea filed by Society for Preservation of Kasauli and its Environs (SPOKE) contending that such a huge commercial activity cannot be permitted due to the fragile ecology of Kasauli town.

( Source – PTI )

The post NGT directs demolition of illegal hotels in Kasauli,slaps fine appeared first on Legal News India – News Updates of Advocates, Law Firms, Law Institutes, Courts & Bars of India.

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Comments Off on Court shows leniency towards remorseful drug peddler

Court shows leniency towards remorseful drug peddler

News May 30, 2017

Court shows leniency towards remorseful drug peddler

Court shows leniency towards remorseful drug peddler

A Delhi court has sentenced a man to nine months in jail, a period already undergone by him behind bars, for possessing 12 kgs of cannabis (ganja), taking a lenient view towards him after he showed remorse.

Special NDPS Judge Satinder Kumar Gautam passed the order holding Naresh, a Delhi resident, guilty of offences under Narcotic Drugs and Psychotropic Substances Act and imposed a fine of Rs 50,000 on him.

“I have asked the convict personally, he is remorseful and I can see the chance of his improving his conduct and abstaining from such activity in future. The convict is now aware that if a person is apprehended for dealing in narcotic substance, he may face imprisonment up to ten years.

“The deterrence is reflecting on the face of the convict.

I intend to give the convict an opportunity to fall in line with the law of the land. Therefore, instead of sending him to prison now, where he would be further exposed to criminal elements, I intend to burden him financially so that he can feel the pinch of the sentence,” the judge said.

According to the prosecution, the accused was apprehended on April 14, 2011 with 12 kgs of cannabis wrapped in a plastic bag near Rose Garden in South Delhi.

The court, while convicting him, relied on the testimony of police officers and said “there is no evidence brought on record in what manner the investigation has been biased and tainted.”

The accused had denied the allegations and claimed he was made to sign blank papers by the police and was implicated in the case.

The court, however, rejected his claim while noting that the accused was apprehended by a police patrol party and not a raiding team with secret information.

( Source – PTI )

The post Court shows leniency towards remorseful drug peddler appeared first on Legal News India – News Updates of Advocates, Law Firms, Law Institutes, Courts & Bars of India.

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Comments Off on Should betting, gambling be legalised in India? Law panel wants to know

Should betting, gambling be legalised in India? Law panel wants to know

News May 30, 2017

Should betting, gambling be legalised in India? Law panel wants to know

Should betting, gambling be legalised in India? Law panel wants to know

Should betting and gambling be legalised in India? The Law Commission wants to know.

The panel, which advises the government on complex legal issues, also wants to know whether legalising betting and gambling will help in curbing illegal activities in the country.

Will licencing such activities help the government earn substantial revenue and generate employment, it seeks to know.

Also, the commission has asked the general public to tell how far will legalising betting and gambling be “morally correct” in the Indian circumstances.

“What could be the possible model by which people engaging in such activities can be safeguarded against bankruptcy? If legalised, should foreign betting and gambling companies be allowed to have a foothold in the country,” it has asked.

While hearing the BCCI Vs Cricket Association of Bihar case, the Supreme Court had mandated the Law Commission in 2016 to study the possibility of legalising betting in India.

“While considering the issue, the Commission discerned that gambling is also a subject which is very closely associated with betting. While considering legalisation of betting, leaving aside gambling may render the whole exercise futile,” panel chairman Justice B S Chauhan (retd) wrote in his appeal seeking public views on the issue.

Justice Chauhan was in London in February to attend a conference on gambling, lottery and betting.

He had asked regulators of countries where gambling and betting are legal to send inputs for the Commission to study.

If at all a law comes up, it would require amending a few statutes like the Indian Contract Act.

( Source – PTI )

The post Should betting, gambling be legalised in India? Law panel wants to know appeared first on Legal News India – News Updates of Advocates, Law Firms, Law Institutes, Courts & Bars of India.

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Comments Off on மும்பை குண்டு வெடிப்பு வழக்கில் அபு சலீமுக்கு என்ன தண்டனை?

மும்பை குண்டு வெடிப்பு வழக்கில் அபு சலீமுக்கு என்ன தண்டனை?

News May 30, 2017

மும்பை: மும்பையில், 1993ல் நடந்த, தொடர்பு குண்டு வெடிப்பு வழக்கில் கைதான, தாதா அபு சலீம் உள்ளிட்டோர் மீதான தீர்ப்பு, ஜூன் 16ல் வழங்கப்படவுள்ளது.மஹாராஷ்டிர மாநிலம், மும்பையில், 1993ல் நடந்த தொடர் குண்டு வெடிப்பில், 257 பேர் கொல்லப்பட்டனர்; 713 பேர் படுகாயம் அடைந்தனர். இந்த வழக்கில், 100க்கும் மேற்பட்டோருக்கு …

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Comments Off on ஐ.பி.எஸ்., அதிகாரியின் தண்டனையை ரத்து செய்ய மறுப்பு : பில்கிஸ் பானு வழக்கில் அதிரடி

ஐ.பி.எஸ்., அதிகாரியின் தண்டனையை ரத்து செய்ய மறுப்பு : பில்கிஸ் பானு வழக்கில் அதிரடி

News May 30, 2017

புதுடில்லி: குஜராத்தில், 2002ல் நடந்த வன்முறையின்போது, ஒரு கும்பலால், 19 வயது கர்ப்பிணி, பில்கிஸ் பானு பலாத்காரம் செய்யப்பட்டது மற்றும் அவரது குடும்பத்தைச் சேர்ந்த எட்டு பேர் கொல்லப்பட்ட வழக்கில், ஐ.பி.எஸ்., அதிகாரிக்கு விதிக்கப்பட்ட தண்டனையை ரத்து செய்ய, சுப்ரீம் கோர்ட் மறுத்தது.குஜராத் …

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Comments Off on 25 ஆண்டுக்கு பின் பாபர் மசூதி இடிப்பு வழக்கு விசாரணை விறு.. விறு…! அத்வானி மீது குற்றச்சாட்டு பதிவு; ஜாமினில் விடுவிப்பு

25 ஆண்டுக்கு பின் பாபர் மசூதி இடிப்பு வழக்கு விசாரணை விறு.. விறு…! அத்வானி மீது குற்றச்சாட்டு பதிவு; ஜாமினில் விடுவிப்பு

News May 30, 2017

லக்னோ : உத்தர பிரதேச மாநிலம் அயோத்தியில், 1992ல், பாபர் மசூதி இடிக்கப்பட்டது தொடர்பான வழக்கின் விசாரணை, மீண்டும் விறுவிறுப்படைந்துள்ளது. சதித் திட்டம் தீட்டியதாக, பா.ஜ., மூத்த தலைவர்கள், அத்வானி, முரளி மனோகர் ஜோஷி, மத்திய அமைச்சர் உமா பாரதி உட்பட, ஆறு பேர் மீது குற்றச்சாட்டுகள் பதிவு செய்யப்பட்டன. …

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Comments Off on False Postal Receipts Of Legal Notices Are Derailing Suits: CIC [Read Order]

False Postal Receipts Of Legal Notices Are Derailing Suits: CIC [Read Order]

News May 30, 2017

Apoorva Mandhani

Information Commissioner Prof. M. Sridhar Acharyulu recently rapped postal authorities for issuing receipts without an official seal, observing that such practices were encouraging false receipts of legal notices to be issued.

“The Commission finds that it is a small level fraud widespread all over the country causing serious loss to the parties discrediting the system of law and adjudication only because of inaction of the administrators of Post office against falsification of service proof. The negligence and inaction of senior officers is reflected from the response to the RTI requests,” the CIC observed.

The Commission was hearing an Appeal filed by one Mr. Ashok Kumar, who had alleged that false receipts were being issued by the postal staff, producing false acknowledgments for proof of service of legal notices. He had produced before the Commission a Post Office receipt for a notice issued in a property dispute involving him, and contended that he had, in fact, not received any such notice. He had also pointed out that the receipt issued by the post office did not bear any official seal or signature.

Accepting such contentions, the Commission observed, “The public authority appears to have miserably failed in initiating any inquiry or action against its staff members who generated such fraudulent receipts. The Senior Superintendent of Post Office should understand that such activities will seriously affect the rights of parties and create hurdles in adjudication. The citizens have every right to raise RTI requests on such serious issues.”

The Commission thereafter directed the Postal authorities to provide details of the policy on weeding out of records, as well as the date on which the documents sought by Mr. Kumar were removed.

The Commission also directed the SSPO/CPIO, Delhi North Division to show-case as to why maximum penalty should not be imposed on him for issuing the responses without his name, and for failing to provide information on the policy on weeding out of records.

Read the Order here.

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Comments Off on SC refuses to stay conviction of IPS officer in Bilkis case

SC refuses to stay conviction of IPS officer in Bilkis case

News May 30, 2017

SC refuses to stay conviction of IPS officer in Bilkis case

SC refuses to stay conviction of IPS officer in Bilkis case

The Supreme Court today refused to stay the conviction of an IPS officer in the sensational 2002 Bilkis Bano case.

A vacation bench of Justices A K Sikri and Deepak Gupta said that there is no urgency for hearing the matter as the convicted officer has already undergone the sentence.

The bench, however, listed the matter for hearing in the second week of July, observing the fine is of Rs 15,000 only.

IPS officer R S Bhagora, currently serving in Gujarat, has been convicted along with four other policemen by the Bombay High Court recently after the trial court had acquitted them.

The counsel appearing for Bhagora said if the conviction is not stayed, then he will be terminated from the service as per service rules.

He said the court should grant stay on the conviction.

The Bombay High Court had on May 4 reversed the trial court verdict acquitting Bhagora and others and had upheld the conviction of 11 people (one convict is dead) in the Bilkis Bano gang rape case.

Along with five policemen, two doctors were also convicted by the HC.

The High Court bench had said that the seven persons — doctors and the policemen– are convicted under sections 218 (not performing their duties) and section 201 (tampering of evidence) of the Indian Penal Code (IPC).

A special court had on 21 January, 2008 convicted and sentenced to life imprisonment 11 men for raping Bilkis and murdering seven of her family members in the aftermath of the Godhra riots while acquitting seven persons including the policemen and doctors.

The convicts later approached the Bombay high court challenging their conviction and sought for the trial court’s order to be quashed and set aside.

The CBI had also filed an appeal in the high court seeking harsher punishment of death for three of the convicted persons on the ground that they were the main perpetrators of the crime.

According to the prosecution, on 3 March, 2002, Bilkis Bano’s family was attacked by a mob at Randhikpur village near Ahmedabad during the post-Godhra riots and seven members of her family were killed.

Bilkis, who was five months pregnant at the time, was gang raped while six other members of her family managed to escape from the mob. The trial in the case began in Ahmedabad.

However, after Bilkis expressed apprehensions that witnesses could be harmed and the CBI evidence tampered, the Supreme Court transferred the case to Mumbai in August 2004.

The convicts had challenged the order on three main grounds that all evidence in the case was fabricated by CBI, that Bilkis gave birth to a child after the incident, thus, the same proved that she could not have been gang raped, and the failure to find the bodies of some of her family members proves that they were not killed.

( Source – PTI )

The post SC refuses to stay conviction of IPS officer in Bilkis case appeared first on Legal News India – News Updates of Advocates, Law Firms, Law Institutes, Courts & Bars of India.

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Comments Off on Delhi HC Directs Ardee Builders To File Affidavit Denying Creation Of Third Party Rights On Shops In Ardee Mall [Read Order]

Delhi HC Directs Ardee Builders To File Affidavit Denying Creation Of Third Party Rights On Shops In Ardee Mall [Read Order]

News May 30, 2017

Apoorva Mandhani

The High Court of Delhi on Friday directed Ardee Builders to file an affidavit within a week, affirming that they have not created any third party rights over the shops at Ardee Mall, Gurgaon.

Justice Yogesh Khanna further directed the builders to file in a sealed envelope, complete statement of accounts of security deposits received from prospective buyers/ tenants, within two weeks.

The Court was hearing a Contempt Petition filed by Ms. Shefali Varma, alleging violation of an order passed in May, 2014, wherein the Court had granted an ex parte ad interim injunction against selling, alienating or creating any third party interest in the unsold plots in Ardee City, Gurgaon, Haryana. The order was passed in a family dispute between the mother and two daughters over division of property left by late Mr. Ashok Verma.

Ms. Verma had now contended that the shops in the Mall are proposed to be sold or leased by the Defendants, aiming to create third party rights. She had placed before the Court advertisements and communication documents with various property dealers.

The Defendants, on the other hand, had submitted that they were merely negotiating with the prospective buyers/ tenants, in view of such permission granted by the Court in July, 2014. The matter has now been listed for 21 July.

Read the Order here.

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Comments Off on Noida gangrape: High Court stays inquiry against Noida cop

Noida gangrape: High Court stays inquiry against Noida cop

News May 29, 2017

Noida gangrape: High Court stays inquiry against Noida cop

Noida gangrape: High Court stays inquiry against Noida cop

The Delhi High Court has stayed a trial court order directing a probe against a Noida police officer for a botched-up investigation in a 2009 case of gangrape of a 24-year-old MBA student that led to the acquittal of nine persons.

Justice Ashutosh Kumar issued notice to the Delhi government, state of Uttar Pradesh through the DGP and others on a petition by inspector Anil Samaniya, who was the investigating officer (IO) of the case, seeking to expunge certain remarks of a Delhi trial court in Delhi in its February 16 judgment made against him.

The trial court, in its verdict acquitting the nine accused, had directed an investigation against him in his capacity as the IO of the case for not having conducted the probe properly.

The high court called for a status report or reply of the governments of Delhi and UP to the petition on or before the next date of hearing on October 10.

“In the meanwhile, the direction passed by the trial court for initiating an inquiry against the petitioner (Samaniya) shall not be acted upon,” the bench said.

Samaniya, in his petition filed through advocate B S Joon, claimed that if the “factually wrong and incorrect” observations in the judgment are not expunged, they would adversely affect his future service and career.

“The adverse remarks made by the trial court are unwarranted, uncalled for, unnecessary and without any basis, rather, the same are contrary to the evidence on record,” the plea said, adding that these remarks would demoralise him.

It alleged that the trial court has failed to appreciate the evidence of the victim woman who had fully supported the prosecution case and identified all the accused in the court.

The trial court judge had said “these factors clearly show that due to the negligent, casual and unprofessional investigation conducted by the investigating officer, real culprits of the case could not be identified/arrested or subjected to administration of justice. Hence, I feel it appropriate that necessary action be taken against prosecution witness 21 Inspector Anil Samaniya, IO of the case, for his improper investigation of the case.”

According to the prosecution, the incident took place on the evening of January 5, 2009, when the girl along with her male friend, was returning from the Great India Place Mall in their car which was forcibly stopped by several youths who were returning on their motorcycles after a cricket match.

Brandishing cricket bats, four of these boys sat in the car and started beating the girl and her friend, pushed them to the back seat and drove the car to a secluded place near urban Noida village Garhi Chaukhandi, police had said.

At an isolated place, their other associates also joined and 11 persons allegedly gangraped the girl and took away their valuables like mobile phones, wrist watch and ATM cards, it said. The complaint was lodged with the Noida Police by the victim’s friend.

The accused in the case were Pushpender alias Tuiyan, Srikant, Sanjay, Gautam, Sudhir, Little, Omkar and Pushpender, Sashikant, Golu and a juvenile, all residents of Garhi Chaukhandi. All of them were on bail, while accused Pushpinder alias Tuiyan died during the trial.

The trial of the case was shifted from a Noida court to Tis Hazari Court in Delhi on Supreme Court’s order after the victim’s friend approached it, fearing threat to his life and facing pressure to withdraw the case. The victim had shifted to London after the incident following the alleged threats from the accused.

The trial court had said the identity of the real culprits could not be proved and pulled up the Noida police for not following proper procedures while investigating the matter and said no judicial Test Identification Parade of the accused was conducted by the IO.

It had held that the IO had left “no stone unturned for making this case impossible to be proved” and directed Noida Senior Superintendent of Police to take appropriate action against Samaniya, for his improper probe in the case.

The court had said defective investigation has caused the loss of material evidence regarding connection of the accused with the offence, their identification, identification of the place of incident and the case property.

( Source – PTI )

The post Noida gangrape: High Court stays inquiry against Noida cop appeared first on Legal News India – News Updates of Advocates, Law Firms, Law Institutes, Courts & Bars of India.

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