Saturday, February 26, 2011

Emaar, APIIC land deal is a big scam, says HC

By S A Ishaqui
Hyderabad,Feb. 25: In a significant observation, the Andhra Pradesh High Court on Friday said that the deal between Emaar Properties PJSC and the Andhra Pradesh Industrial Infrastructure Corporation was a huge scam and decided to adjudicate the matter in detail.

A division bench comprising Justice V. Eswaraiah and Justice V. Suri Appa Rao while taking up a petition based on the letter of Congress MLA, Dr P. Shankar Rao, directed the APIIC to produce the records of the deal before the court.

The bench directed that notices be issued to the sister companies of Emaar Properties, Emaar MGF Land, Emaar Hills Township, and Stylish Homes Real Estate Pvt Ltd, (one of the key players in the whole episode, owned by Mr Koneru Prasad popularly known as Dubai Prasad).

The high court bench granted two weeks to them to file their counter affidavits and posted the case to March 14.
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Thursday, February 24, 2011

HC seeks report on AP law, order

By S A Ishaqui
Hyderabad,Feb. 23: A division Bench comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas V. Afzulpurkar of the AP High Court sought a report within two weeks from the state government on Wednesday on the law and order situation prevailing in the state.

The court was dealing with a public interest litigation filed by advocate Mr J. Narayana Swamy of Anantapur, who had asked the court to declare the inaction of the state government against the agitating leaders who were creating law and order problems in the state as illegal.

He brought to the High Court’s notice that since December 9, 2009, the fundamental rights of the citizens had been affected due to frequent bandhs, rasta rokos, dharnas and other unconstitutional activities.

Mr Swamy urged the court to direct the state government to invoke the National Security Act against the agitators. Responding to another petition filed by Mr C. Narayana, also from Anantapur, seeking a direction that political parities should not be allowed to call bandhs, the Bench issued notices to all political parties directing them to respond within two weeks.

The court had earlier admitted the petition and had issued notices to the state government, police and the political parties. Counsel for the home department, Mr K. Janakiram Reddy, told the Bench that a counter affidavit had already been filed in this regard.

Thursday, February 17, 2011

Emaar indulged in deception, APIIC tells court

By S A Ishaqui

Hyderabad, Feb. 16: The Andhra Pradesh Industrial Infrastructure Corporation (APIIC) has informed the AP High Court that it has not received a single rupee in income from Emaar Properties.

The APIIC had filed a counter affidavit before the court pursuant to its direction on a letter sent to the High Court by the Congress MLA, Mr P. Shankar Rao, seeking a direction to probe into the deal between the Emaar Properties PJSC and the APIIC.

In its affidavit the APIIC said that it had been deceived by its private partner Emaar Properties, which violated the conditions of the agreement between them.

The corporation brought to the notice of the court that though it had entered into an agreement with Emaar PJSC, the latter also had clandestine agreements with Emaar MGF and Stylish Homes companies only with an intention to defraud the APIIC.

According to the affidavit, Emaar stood guarantee to Emaar MGF and was instrumental in granting a `150-crore loan on the lands allotted by the APIIC. It shows that none of these companies have got the capacity to execute the agreed project.

The APIIC said Emaar Properties, Emaar Holdings and Emaar Hills Township Pvt Ltd are sister-concern companies and all of them colluded to swindle the properties by deceiving the corporation.

Wednesday, February 16, 2011

Ramoji Rao told to appear in court

By S A Ishaqui

Hyderabad, Feb. 15: Justice Raja Elango of the AP High Court on Tuesday directed media baron Ch. Ramoji Rao to appear before the IVth additional chief metropolitan magistrate, Visakhapatnam, in connection with a criminal case pending against him.

The judge was dealing with a criminal petition filed by Mr Ramoji Rao challenging the order of a lower court which refused to dispense with his presence in the case and to permit him to be represented by his counsel.

Mr Vinod Kumar Deshpande, public prosecutor, brought to the notice of the court that a case was pending against Mr Ramoji Rao in the lower court. The police registered a case against him following a direction from the lower court on the complaint of Mr M.A.E.K.K. Varma on the charges of cheating.

According to the complainant, he gave his land on lease to Mr Ramoji Rao to house his newspaper, but Mr Rao, by suppressing the facts, had misrepresented to the authorities and tried to grab his property.

The judge while disposing the criminal petition directed Mr Rao to appear before the lower court on March 15 and also at the time of framing of the charges.

APIIC staffer told not to sell land

The AP High Court on Tuesday directed one Ms Rashmi Abhichandani, general manager (law) of the APIIC, not to alienate or create any third party interest on the land allotted to her by the APIIC at Jeedimetla in the city. The court was dealing with a petition by Mr P. Krishna Reddy, a practising advocate of the city challenging the allotment of a plot at a throwaway price by the APIIC to Ms Rashmi. The court issued notice to the APIIC and the general manager seeking their version on the petition.

Court stays CAT order against DGP

A division bench comprising Justice Ghulam Mohammed and Justice K.G. Shankar, on Tuesday granted a stay on the hearing of a petition challenging the appointment of Mr K. Aravinda Rao as the DGP by the Hyderabad Bench of the Central Administrative Tribunal till Monday.

The bench was hearing a petition filed by the state government challenging the orders of the CAT, which dismissed its plea seeking the adjournment of hearing.

The bench while granting an interim stay on the hearing, posted the matter to Friday for admission.

One week to pay minimum wages

The senior advocate from the Supreme Court, Mr Prashanth Bhushan, on Tuesday contended before Justice Nooty Ramamohana Rao of the High Court that the workers who are engaged under the Mahatma Gandhi National Rural Employment Guarantee Act (NREGS) are being cheated and paid less than the minimum wage. He was appearing on a contempt petition filed by one Mr Ajay Kumar representing the Vyavasaya Vruthidarula Union of Vishakhapatnam district. He said that any work extracted by paying less than minimum wage is bonded labour as declared by the Supreme Court.

Reacting to the arguments of the state and Central governments in this regard, the judge made it clear that the poor worker has to be paid minimum wages and the court was not bothered who is going to foot the bill.

The judge granted a week’s time to the state and the Centre to pay minimum wages to the workers.

Cops told to allow NDA rally in city

Justice R. Subhash Reddy on Tuesday directed the city police commissioner to allow a public meeting by the NDA parties at the Nizam College grounds on February 17. The judge while allowing a petition filed by Mr N. Ramachandra Rao, general secretary of the BJP state unit ruled that the meeting should not be commence before 3 pm.

The judge said the police are at liberty to regulate traffic, and entry and exits of the crowd at the ground on that day.

Monday, February 14, 2011

AP HC reserves orders on Emaar

By S A Ishaqui

Hyderabad, Feb. 14: A division bench of Justices V. Eswaraiah and K. Suri Appa Rao of the Andhra Pradesh High Court reserved its orders on a petition over the controversial deal between the AP Industrial Infrastructure Corporation and Emaar Properties PJSC Ltd.

The court was shown two letters, including the letter sent by Dr. P Shankar Rao, a Congress MLA, as writ petitions. In one letter he sought a CBI probe into alleged irregularities in the deal. In another letter he again sought a CBI probe, into the amassing of huge assets by Mr Y.S. Jagan Mohan Reddy, former MP and son of Dr Y.S. Rajasekhar Reddy. The letter alleged misuse of power.

In response to another petition, the bench directed Mr Jagan Mohan Reddy and his associate companies and investors, to file their counter-affidavits by March 14.

Earlier, the court had issued notices to all the respondents, including Emaar PJSC seeking their versions of the plea by Mr Shankar Rao. Emaar filed a special leave petition before the Supreme Court, against the decision of the court in taking up the letter and issuing notices to it. The court asked the High Court to decide the question of maintainability of the writ petition before adjudicating the main writ petition.

Presenting his arguments before the bench on behalf of Emaar, Mr L. Nageswara Rao, senior counsel of the Supreme Court, contended that the court would not entertain any politically motivated writ which was put forth under the garb of a public interest writ petition.

He said, “No political party, whether national or regional, should be allowed to use this court as a forum for settling political scores.”

Describing the plea of the petitioner as politically motivated, senior counsel said the second letter, which was sent to the court by Mr Shankar Rao, made several allegations against Mr Jagan Mohan Reddy, clearly establishing the political motives of the petitioner.

The senior counsel said the petitioner, being an MLA and a state Cabinet minister, ought to have brought such issues before the Legislative Assembly.

Mr Subba Reddy, amicus curie in the case, contended that it was a fit case to be taken up as there was a larger public interest involved.

Referring to the court’s direction in the second letter, Mr Altaf Ahmad, senior counsel from the Supreme Court, appearing for Mr Jagan Mohan’s companies, told the court that they would confine themselves to legalities while filing their counters.

Thursday, February 10, 2011

SKC can’t be appealed: AG

BY S A Ishaqui
Hyderabad, Feb. 9: The attorney-general, Mr Goolam E. Vahanvati, on Wednesday categorically stated that the Justice Srikrishna Committee report was not amenable to judicial review.

Mr Vahanvati told Justice L. Narasimha Reddy that the committee was not constituted under the Commission of Inquiries Act, and there was no scope to seek judicial review of its report.

He said that the formation of a new state is a political decision and “it is not in the purview of the court.”

Mr Vahanvati was assisting the Andhra Pradesh High Court in dealing with a petition which wanted the contents of a secret letter on law and order submitted along with Srikrishna committee report, to be made public.

The petition was filed by a former MP, Mr M. Narayana Reddy, who contended that the Centre was not entitled to take into account the secret note of the committee without first disclosing its contents to the public.
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HC tells Vuda to refund `87.63 cr to real estate firm

By S A Ishaqui

Hyderabad, Feb. 9: The AP High Court on Wednesday directed the Visakhapatnam Urban Development Authority (Vuda) to refund `87.63 crores to a real estate firm.

The court was dealing with a petition filed by Devona Infrastructure Ltd aggrieved by the action of Vuda in not refunding the purchase consideration amount.

The petitioner brought to the notice of the High Court that they bid to purchase 28 acres pursuant to the notice of Vuda and they won the bid and paid the amount.

He said Vuda failed in handing over 28 acres to them and it has given possession only to the extent of 19 acres.

He told the court that they have represented to the authorities to refund the money, but till date they did not refund.

The court directed Vuda to refund the amount to the petitioner with immediate affect.

TTD served notice on staff allowance

A division bench comprising Chief Justice Nisar Ahmed Kakru and Justice Vilas V. Afzulpurkar of the High Court on Wednesday issued notices on a writ petition challenging the action of the Tirumala Tirupati Devasthanams (TTD) in giving various allowances to its employees.

Mr G. Venkateswara Rao, a resident of Guntur filed the petition stating that the TTD was providing allowances to the tune of `15 crore per year to its employees in the form of tuition fee, bus pass coupons, chappal and shoe allowance apart from house sites in land belonging to the temple.

The petitioner contended that the provisions of the Endowments Act do not permit such expenditure.

The High Court has directed the respondents to file their version on the petition

Wednesday, February 9, 2011

Centre, AP get notice on Metro

By S A Ishaqui

Hyderabad, Feb. 8: A division bench comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas V. Afzulpurkar of the AP High Court on Tuesday sought the response of the Centre and the state government on a petition filed against the proposed Hyderabad Metro Rail project.

The bench was dealing with a petition filed by the Human Rights Forum represented by its president, Mr Jeevan Kumar.

He had filed the writ contending that in accordance with the Constitution, the state government is not empowered to take up the project and the Greater Hyderabad Municipal Corporation (GHMC) is the only competent body to undertake the project. He said till date the GHMC has not passed any resolution to take up the project.

Mr Kumar told the court that the land which had been acquired for road widening is now being used for the project illegally. He also challenged the land acquisition process. The petitioner said that metropolitan planning committee has been sidelined.

The High Court granted two weeks to the respondents to file their counter affidavits on the plea.

Tuesday, February 8, 2011

HC gives lifer to man for killing wife

By S A Ishaqui

Hyderabad, Feb. 7: The AP High Court on Monday sentenced to life imprisonment a private medical practitioner who killed his wife.

A division bench comprising Justice V. Eswaraiah and Justice Suri Appa Rao gave the order while allowing an appeal filed by the state government challenging the acquittal by a sessions court of East Godavari district.

According to the prosecution, Akella Suryanarayana Murthy of Kadiyaplanka, East Godavari district, had a strained relationship with his wife Bramarambha. She had been staying away from him. He was threatening her to mend her ways and join him or give him divorce. When she did not yield, he decided to kill her.

The accused stabbed her to death on Jan 14, 2002 when she was at her work place at Sampathnagaram of the district. The lower court acquitted him after finding that there were contradictions in the versions of witnesses.

The bench felt that in the sequence of events, small contradictions in the statements of witness cannot be interpreted to the benefit of the accused. The bench found the accused as guilty and awarded life imprisonment.

Order on Osmania professor stayed

The AP High Court on Monday granted stay on an order passed by the AP Administrative Tribunal, which directed the state government to consider Dr Jayabhaskar Reddy for promotion to the post of Professor of Pathology in Osmania Medical College. A division bench comprising Justice Ghulam Mohammed and Justice K.G. Shankar was dealing with a petition filed by Dr Ezil Arasi, associate professor of pathology of the college, challenging the order of the tribunal. Mr K. Lakshmi Narasimha, counsel for the petitioner, told the court that Dr Jayabhaskar Reddy was chargesheeted for his unauthorised absence of duty for nearly nine years.

He said an inquiry was conducted wherein the charges were proved and a showcause notice was issued to him as to why major penalty should not be imposed on him. He brought to the notice of the court that the government had recently announced a policy to remove the doctors, who have been unauthorisedly absent for more than one year. The bench while granting interim orders directed the authorities to file their counters.

Saturday, February 5, 2011

Cops get 4 wks to curb illegal parking

By S A Ishaqui

Hyderabad, Feb. 4: Justice N.V. Ramana of the AP High Court on Friday granted four weeks to the Greater Hyderabad Municipal Corporation and traffic police to submit an action plan to curb illegal parking menace in the city.

The state government assured the court that it will prepare the plan within four weeks. The judge had on Thursday summoned the city traffic police chief, Mr C.V. Anand, and Cyberabad traffic deputy police commissioner, Mr Chandrasekhar Reddy, for their failure to ease the traffic congestions in the city. Both the officials were present before the judge.

Wednesday, February 2, 2011

AP HC to get secret Telangana report

By S A Ishaqui

Hyderabad, Feb 1 : The Centre will soon be placing the confidential Justice Srikrishna Committee Report on the law and order situation in the state before the Andhra Pradesh High Court.

On Wednesday, the Additional Solicitor-General, Mr M. Ravindran, submitted before Justice L. Narasimha Reddy that the report would be placed before the court in a sealed cover for its perusal.

The judge was hearing a petition filed by the former MP, Mr Narayan Reddy, of Nizamabad, who had complained about the Centre not disclosing the contents of the 'secret' Srikrishna Committee Report on the law and order situation.

The judge on January 29, had asked the Attorney-General, Mr Goolam. E. Vahanvati, to be present before the court to assist in dealing with the case.

Mr Ravindran informed the court that the AG had sought a week’s time for appearance before the court.

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