Wednesday, June 16, 2010

Pleas against ORR project alignment change dismissed

By S A Ishaqui

Hyderabad, June 15: A division bench comprising Justice B. Prakash Rao and Justice B. Seshasayana Reddy of the Andhra Pradesh High Court dismissed on Tuesday three writ appeals which were filed against changing the alignment of Outer Ring Road at Poppalaguda.

Mr Barla Rami Reddy and others filed the appeals against the orders of a single judge. The petitioners own about 20 acres at Poppalaguda and the Hyderabad Metropolitan Development Authority acquired their lands for construction of the ORR.

The petitioners told the court that the authorities intentionally changed the original alignment of the ORR to acquire their lands and the changed alignment is nearer to lakes, which seriously affects the environment.

The single judge dismissed the plea by observing that the ORR is only an expressway through an urban area to ease traffic congestion in the arterial roads in the twin cities and linking the new international airport to various parts of the twin cities. The construction of ORR cannot be invalidated on the ground of lack of environmental clearance for Phase-II.

The bench while upholding the findings of the single judge observed that the parties shall bear their respective costs.

Petition filed against TTD board

A writ petition was filed in the AP High Court on Tuesday challenging the action of the Tirumala Tirupati Devasthanams in having Mr P. Seshadri continue as officer on special duty despite court orders.

Mr. V Vijaya Sai Reddy, a member of the TTD Trust Board, filed the petition.

He told the court that service rules of the TTD do not permit an officer to occupy any post after he/she turns sixty. He said six weeks ago the High Court had ruled that Mr Seshadri cannot be continue in his post as he is above 60. He alleged that the TTD authorities have not yet passed any order to relieve Mr Seshadri from his post till date.

Plea against tribunal postings admitted

A division bench comprising Justice Goda Raghuram and Justice R. Kantha Rao of the AP High Court admitted on Tuesday a public interest litigation filed challenging the appointment of administrative members in all the Administrative Tribunals constituted across the country under the Administrative Tribunals Act across the country.

Mr. P Lakshman Rao, a practising advocate, filed the petition seeking a direction to declare Sections 6, and Section 10 (A) of the Administrative Tribunals (Amendment) Act 2006 as unconstitutional.

Mr K. Lakshmi Narasimha, counsel for the petitioner, said if the establishment of tribunals was solely for the purpose of clearing of arrears, then it was not necessary to have any administrative member at all.

He contended that the provision of the appointment of administrative members in the tribunals under the Act was illegal, as there was no technical knowledge involved in resolving employees’ disputes.

He averred that the very appointment of retired civil servants to the tribunals is bad practice in law.

While admitting the petition, the court issued notices to the Central and the state government.

EC word final on elections, says HC

A division bench comprising Chief Justice Nisar Ahmed Kakru and Justice Vilas V. Afzulpurkar of the High Court on Tuesday dismissed a writ petition filed seeking a direction to the Election Commission not to conduct byelections in Telangana region.

Mr J. Narayanaswamy, a practising advocate of Ananthapur, filed the petition stating that the situation in Telangana was not conducive for polls.

After giving a patient hearing, the Chief Justice Nisar Ahmed Kakru made it clear that the Election Commission has the last word on conducting elections.

He said courts do not interfere in the affairs of the Election Commission.

HC dismisses plea of Suryanarayana

Justice C.V. Ramulu of the High Court on Tuesday dismissed the writ petition filed by Velugubanti Suryanarayana challenging his repatriation to his parent department.

It may be recalled that Suryanarayana was caught by the ACB in a disproportionate assets case and his name figured in a multi crore scam of the Fisheries department.

The government recently repatriated him to the Fisheries Corporation which is his parent department.

Velugubanti Suryanarayana challenged the action of the government before the court and urged the court to declare the action as illegal as the corporation was wound up long ago.

While dismissing the petition, the judge asked the authorities to see that there are no technical hurdles on the issue.

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