Friday, January 29, 2010

Central Administrative Tribunal orders AP to appoint new DGP

By S A Ishaqui
Hyderabad,Jan. 28: The Central Administrative Tribunal on Thursday set aside as illegal and arbitrary the appointment of Mr R.R. Girish Kumar as the director-general of police of the state and directed the government to appoint a new DGP within two weeks.

This has landed the government in a fix since it wants to retain Mr Kumar as chief of the police force.

It is learnt that the government is likely to take up the selection process afresh as suggested by the CAT and “choose” Mr Kumar as DGP again by citing lack of specific Central guidelines to select the head of the police force.
Alternatively, it may approach the High Court.

The CAT bench comprising Justice P. Lakshman Reddy and Mr R. Santhanam, gave this directive while dealing with petitions filed by IPS officers Mr A. K. Mohanty and Mr S.S.P. Yadav, former DGPs who were transferred to low payscale posts.

The CAT bench observed that Mr Mohanty and Mr Yadav was entitled to the apex scale even after their transfer.

Mr Girish Kumar was eligible to apex scale only from December 10, 2009, when the Centre sanctioned the fifth post of DGP. It directed the government to pay amounts due to senior IPS officers.

Mr Yadav approached the CAT in October 2009 challenging the appointment of Mr Girish, a 1976-batch IPS officer, as the DGP.

On Mr Mohanty, the CAT said that since his appointment covered only the election period, he could not claim benefits of SC directions regarding selection and tenure of the DGP.

These directives give a new twist to the career graphs of Mr Girish and Mr Yadav, both of who had stirred up controversy through their comments and actions.

Reacting to the CAT order, Mr Kumar said, “The government will take a decision as per the directions given by the CAT.”

The DGP’s adversaries point out that absence of specific guidelines may not be of much help to him since even if one assesses the merit of an officer by the medals he received for outstanding service, Mr Girish would not score.

At the same time, government sources made light of the CAT reference to the SC order on retaining officers in the top post for a minimum of two years by pointing out that no state had agreed to implement it.

Thursday, January 28, 2010

Advocate to look into Reliance land deal

By S A Ishaqui

Hyderabad, Jan 27 :The AP High Court on Wednesday appointed an advocate commissioner to find out the ground reality on the alleged unauthorised purchase of land by Reliance Industries Ltd. in East Godavari district.

A division bench comprising Justice Ghulam Mohammed and Justice G. Bhavani Prasad passed an order appointing Mr Sampath Prabhakar Reddy as advocate commissioner. He has been asked to submit the report within three weeks.

The bench was hearing a contempt petition filed by Mr Lanke Maheswara Rao and his mother alleging that RIL had taken over 8.23 acres in Peda Gadimoga village in East Godavari by illegal means.

The RIL in its counter affidavit contended that the petitioners do not possess a title over the land. It said though they are ready for a compromise, but they petitioners are quoting an exorbitantly high price for the land.

AP High Court stalls lease of land given to film director Subhash Ghai

By S A Ishaqui

Hyderabad, Jan. 27: A piece of land leased to Bollywood producer Mr Subhash Ghai in the Greater Hyderabad area by the state government was stalled by the AP High Court on Wednesday.

The state government had issued a GO on August 19, 2008, alienating 20.10 acres at Ibrahimbagh village in Golconda mandal of the city to Whistling Woods International Ltd owned by Mr Ghai.

The government allotted the land for a period of 66 years to be renewed every 30 years at a nominal lease rent of 1 per cent of the land value.

Mr O. M. Debara, a retired employee and a resident of Hyderabad, approached the High Court through a public interest litigation against the allotment. The petitioner contended that the allotment was in violation of Article 14 of the Constitution and against the provisions of the AP (Telangana Area)

Alienation of State Lands and Land Revenue Rules, 1975 and the AP

(Telangana Area) Grant of lease of land for Non-Agricultural Purposes Rules, 1977.

The petitioner said the land was leased to the company at an annual lease of 0.25 per cent of the land cost for the first three years and a lease rent of 1 per cent of land cost from the fourth year onwards. He said for payment of lease the value of land was fixed at Rs 2 crore per acre and the lease was granted for 66 years initially and renewable for a further period 30 years.

Mr Gandra Mohan Rao, counsel for the petitioner, argued that the state government has the power to alienate government land at nominal rates to local bodies or local authorities for a public purpose. He contended that the alienation to a private company, which is not a local body or local authority, could be by collecting market value only.

A division bench comprising Justice V. V. S. Rao and Justice B. N. Rao Nalla conceding to the contention of the petitioner granted stay on the implementation of the GO till further orders.

Tuesday, January 26, 2010

HC rules AP cannot renew quarry licence beyond 2 years

By S A Ishaqui
Hyderabad, Jan. 25: The Andhra Pradesh High Court made it clear that the state government is not vested with infinite powers to extend sand quarry lease beyond two years based on frivolous reasons.

A division bench comprising Justice Goda Raghuram and Justice Ramesh Ranganathan while quashing a series of orders granted by the state government extending lease for sand quarrying, declared that the orders were violative of Rule 9-L of the AP Mine Mineral Concession Rules, 1966. The bench allowed a batch of writ petitions filed by agriculturists and villagers from Nellore, Kadapa, Guntur, Krishna, Nizamabad and Karimnagar district challenging the extension of lease for sand quarrying in rivers, canals and streams of the area.

The petitioners contended that the government extended lease to the contractors on frivolous reasons without conducting public auctions.

The bench pointed out that Rule 9 (L) made it clear that no lease can be granted for a period beyond two years and therefore exercising power under the extensive power to give clarifications was not available to the government.

Saturday, January 23, 2010

AP High Court terms for ABVP meet

By S A Ishaqui

Hyderabad, Jan. 22: The AP High Court, on Friday, granted permission to the Akhila Bharatiya Vidyarthi Parishad (ABVP) to hold its “Vidyarthi Garjana” by imposing certain restrictions at Nizam College grounds in the city on January 23.

The court restricted the participants from raising slogans prior to or after the meeting. The court allocated three hours — 3 pm to 6 pm — to conduct the meeting.

Justice Gopalakrishan Tamada was dealing with a lunch motion moved by the leaders of ABVP city wing, Mr Chenna Krishna Reddy and Mr T. Ramakrishna, challenging the city police commissioner’s order refusing permission to organise the meeting.

The court ruled that the meeting should be conducted under the strict vigil of the police and the police should allow ABVP members into the venue only after verifying their identity.

The court ruled that during the meeting the participants should not make any provocative speeches inflaming the sentiments of the people of other regions.

The court directed the organisers to give an undertaking to the city police commissioner 2 hours prior to commencement of the meeting that they would abide by the conditions imposed by the court.

Thursday, January 21, 2010

AP High Court seeks details of Central flood relief

By S A Ishaqui
Hyderabad, Jan 20 : The AP High Court, on Wednesday, sought details from the Centre on the quantum of relief sought by the state government for the five flood-hit districts in October last year.

A division bench comprising Chief Justice Anil R. Dave and Justice C.V. Nagarjuna Reddy was dealing with a petition filed by Ms T.H. Soubhagya Lakshmi seeking a direction to declare that the floods that occurred in Kurnool, Mahbubnagar, Nalgonda, Krishna and Guntur district as a national calamity.

Mr Ponnam Ahok Goud, assistant-solicitor-general, submitted a note stating that Rs 500 crore was released by the Centre on October 28, 2009, from the National Calamity Contingency Fund (NCCF) Scheme.

Mr Sriram, counsel for the state government, told the court that the state government sought Rs 3,000 crore assistance from the Centre.

Greater Hyderabad Municipal Corporation to remove 621 illegal shrines

By S A Ishaqui

Hyderabad, Jan. 20: The state government on Wednesday informed the AP High Court that all religious structures on road margins and sidewalks in the city would be removed in phases.

The advocate-general, Mr D.V. Seetarama Murthy, told a division bench comprising Chief Justice Anil R. Dave and Justice C.V. Nagarjuna Reddy that the Greater Hyderabad Municipal Corporation had identified 621 religious structures causing hardship to commuters and intended to remove all of them.

The bench was dealing with a petition filed by Mr N. Srinivas and others against the construction of a religious structure on a public road.

Mr Murthy told the court that the GHMC would remove 25 structures in phase I by the end of March. Around 86 structures would be removed by July end as part of phase 11.

The 510 structures slated to be removed in phase III are long standing and permanent and the process would require more persuasion, the AG stated.

A committee would be constituted to negotiate with all religious leaders of the locality to remove or relocate the structures that were causing severe traffic problems, he said.

However the bench was not satisfied with the road map prepared by the GHMC and told the authorities to fix a time frame even for the removal of permanent structures and posted the matter to April 15.

Tuesday, January 19, 2010

AP High Court stays action against IAS officer

By S A Ishaqui

Hyderabad,Jan 18 :The Andhra Pradesh High Court on Monday stayed further proceedings against the IAS officer, Mr S. Balasubramanyam, for alleged irregularities in the Kuppam irrigation project. The state government was to take action against him as per recommendations of the Commission of Inquiry headed by Justice T.H.B. Chalapathi, retired judge of the AP High Court.

The judicial inquiry was ordered in 2005 following allegations that irregularities were committed in selecting BHC Agro (India) as the consulting agency. The commission had recommended a full-scale CID investigation and departmental action against the IAS officer Mr S. Balasubramanyam.

The commission also recommended to file cases against Boaz Raam, P. Prabhakara Rao, Jacob Hadar, Ahobala Rao and other government officers. Mr Balasubramanyam approached the High Court challenging the recommendations.

Justice P.S. Narayana stayed all further proceedings till further orders.

TTD EO against public listing of jewellery

By S A Ishaqui

Hyderabad, Jan. 18: The Tirumala Tirupati Devasthanams executive officer, Mr I.V.R. Krishna Rao, told the Andhra Pradesh High Court that putting up the list of jewellery of Lord Venkateswara in public domain was not advisable due to security reasons.

Mr Krishna Rao filed a counter affidavit before a division bench comprising Justice Goda Raghuram and Justice Ramesh Ranganathan pursuant to its notice on a petition filed by one Mr Bejawada Govinda Reddy, a Congress leader from Nellore, seeking a direction to protect assets and properties of the TTD.

The EO told the court that the TTD had sought a report from the chief vigilance and security officer who said that putting the list of jewellery in public was not advisable. He told the court that the report was submitted to the court in a sealed cover.

Mr Krishna Rao while referring to another direction of the court to set up equipment for assaying purity, quality, weight and carratage of gold and diamond jewellery, said that steps are being taken to speed up the process of procurement and installation of lab equipment on the advise of experts.

He submitted that based on the recommendations of experts, the TTD started the process of setting up a lab by importing equipment from Belgium and once the installation is over, the experts can complete assaying and valuation of the entire jewellery of the temple in 60 days.

He added that Mahadwaram entry and other privileges are granted to certain people based on age-old customs and traditions. He submitted a list of dignitaries of various mutts for whom the TTD has granted entry from the Mahadwaram and temple honours.

The government while responding through Mr K.V. Ramana Chary, principal secretary of endowments department, told the court through an affidavit that it had appointed Dr Subhrendru Bhattacharya, member, commissioner of inquiry as the authority to investigate the charges framed against Mr R. Prabhakar Reddy, retired official and other officials and staff of the TTD.

Sunday, January 3, 2010

AP High Court bans politicos at Vidyarthi Garjana

By S A Ishaqui

Hyderabad, Jan. 2: The Andhra Pradesh High Court on Saturday granted permission with strict conditions to the Osmania University Students’Joint Action Committee to organise a Vidhyarthi Garjana (students’ roar) on Sunday.

The JAC had given a call for a massive gathering of students from all over Telangana in Hyderabad as part of the separate state campaign. However,the city police commissioner refused permission, following which the JAC moved the High Court.

Justice C.V.Nagarjuna Reddy directed the police to allow the students to conduct a public meeting at the Arts College in the OU campus from 4 pm to 6 pm on Sunday. Only students will be allowed and must leave by 6.30 pm.

The judge said police can depute personnel at entry points in coordination with JAC leaders to prevent outsiders,including politicians from entering the venue.

The judge ruled that no procession or rally can be allowed either at the beginning
or ending of the meeting.

The judge directed the JAC leaders to give an assurance in the form of an affidavit
that they will conduct the meeting in a peaceful manner and no untoward incident takes place during the meeting.

Referring to the attack on TD MLA Mr Nagam Janardhan Reddy on the campus,Mr D.V. Seetharam Murthy,advocate-general,told the judge that they were not against students holding a meeting but they are apprehenvie of outsiders intruding and creating problems.

Mr S Satyam Reddy,counsel for the petitioner,told the court that they will organise their meeting peacefully and urged the court to direct the city police commissioner to permit them to conduct the meeting

Saturday, January 2, 2010

PIL filed against land allotted to Subhash Ghai firm

Hyderabad, Jan. 1: A piece of land leased to Bollywood producer and director Subhash Ghai in Greater Hyderabad by the state government has now got entangled in a legal tangle.

The state government issued a GO on August 19,2008,alienating 20.10 acres of land at Ibrahimbagh village in Golconda mandal of the city to Whistling Woods International Ltd,owned by Subhash Ghai,Hindi film director and producer.

The government allotted the land for a period of 66 years to be renewed every 30 years at a nominal lease rent of 1 per cent of the land value.

According to the GO, the allotment was made to establish an international school of film, television, animation and multimedia arts including a studio complex based on the model of Whistling Woods International,Mumbai.

Mr O.M.Debara,a retired employee,and a resident of Hyderabad approached the High Court through a public interest litigation against the allotment.

The petitioner contended that the allotment was in violation of Article 14 of the Constitution and against the provisions of AP (Telangana Area) Alienation of State Lands and Land Revenue Rules, 1975 and the AP (Telangana Area) Grant of lease of land for non-agricultural purposes rules,1977.

The petitioner told the court that the land was leased to the company at an annual lease of 0.25 per cent of land cost for first three years and lease rent of 1 per cent of land cost from the fourth year onwards.He said the lease was fixed at Rs 2 crore per acre.

He submitted that the state government has power to alienate government lands at nominal rates to local bodies or local authorities for a public purpose. He contended that the alienation to a private company which is not a local body or local authority, could be by collecting market value only.

He urged the court to declare the action of the government as illegal and meanwhile stay the GO.The court will hear the matter after Sankranthi vacation.