By S A Ishaqui
Hyderabad, June 8: The AP High Court on Monday declared that the Building Penalisation Scheme introduced by the government was not unconstitutional. A division bench comprising Justice V. Eswaraiah and Justice Vilas Afzulpurkar upheld the scheme with its stringent conditions. The bench, in its 87-page verdict, observed that while regularising the deviations, the authorities cannot compromise deviations with regard to open spaces, land use rules and safety norms.
The court set aside the proposal of the government not to insist on structural stability condition for buildings which are below 15 metres. Further, the bench directed the government that no structure can be regularised if it violated the land use indicated in zonal regularisation. This direction will prohibit the authorities from regularising non-residential buildings situated in a residential zone.
Penalty of 10 per cent of the total building cost was too little and felt that it will encourage unscrupulous builders to get away by paying the fine, said the bench, and added that when appropriate rules are framed, the fine should be increased to such an extent so that it will act as a deterrent. The court did not favour the contention of one of the petitioners that the builders must be made to pay money for regularisation.
It pointed out that the neighbours and other people affected will not lose their civil rights just because the penal amount was collected from a violator. It said that the affected persons are free to ventilate their grievance before a competent authority. The bench felt that “There shall be an appropriate monitoring authority and it is better if this authority can acts as an appellate authority.” The court gave this pronouncement while disposing off a batch of writ petitions filed challenging the Act which amended Municipalities Act, Municipal Corporations Act and Urban Areas Development Act and also the GO 901, brought out by the government by framing the rules for the penalisation scheme. Several citizens also approached the court complaining that their rights are being violated in the name of the regularisation.
The judges did not appreciate the action of the government in giving relaxations for regularisation with regard to the illegal constructions coming up in open spaces in municipal areas.
Tuesday, June 9, 2009
Friday, June 5, 2009
Plea on Maoist encounter death
By S A Ishaqui
Hyderabad, June 4 : The Andhra Pradesh High Court asked the home department to file a counter affidavit on the encounter death of Maoist leader Patel Sudhakar Reddy within three weeks.
The court gave this directive while dealing with a petition filed by Prof S. Seshaiah, a leader of Andhra Pradesh Civil Liberties Committee, seeking a direction to conduct another post-mortem of the bodies of Maoist leaders who were killed in an encounter on May 24 in Warangal district.
The court had earlier directed the police to conduct a second autopsy.
However, the High Court refused to direct the police to reveal the names of the officers who participated in the encounter.
Hyderabad, June 4 : The Andhra Pradesh High Court asked the home department to file a counter affidavit on the encounter death of Maoist leader Patel Sudhakar Reddy within three weeks.
The court gave this directive while dealing with a petition filed by Prof S. Seshaiah, a leader of Andhra Pradesh Civil Liberties Committee, seeking a direction to conduct another post-mortem of the bodies of Maoist leaders who were killed in an encounter on May 24 in Warangal district.
The court had earlier directed the police to conduct a second autopsy.
However, the High Court refused to direct the police to reveal the names of the officers who participated in the encounter.
AP High Court warns mines wing on sand quarries
By S A Ishaqui
Hyderabad,June 4: The AP High Court on Thursday warned it will take action on officials of the mines and geology department who conducted public auction of the sand reaches in the Penna River without obtaining a ground water feasibility report.
Dealing with a public interest litigation, a division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan expressed anger at the department indiscriminately conducting auction of sand reaches.
The court was hearing a petition filed by Mr. Jangiti Rajendra Prasad, a resident of Jyothi village in Kadapa district, urging it to declare as illegal the public auction held on April 24 for grant of lease to quarry sand from the Penna River. The court had granted stay on April 30 on all further proceedings pursuant to the auction.
Mr C.V.R. Rudra Prasad, the counsel for the petitioner, argued that the action by the authorities was illegal and violated Rule 9-B of the AP Minor Mineral Concessions Rules, 1966 and the procedures envisaged by the AP Water, Land and Trees Act and Rules.
The judges then asked the counsel for the mines and geology department, Mr Surya Satish, whether officials had conducted survey in the area to assess feasibility of ground water. When the counsel said no, the division bench asked how officials issued notification for the auction without a survey.
At one stage the court asked the counsel to identify the official who was responsible for the auction so that it could recover from him loss suffered by the exchequer.
“The court has noticed several irregularities in auctioning sand reaches across the state in the last one decade and this is a not isolated case,” said Justice Ranganathan.
Hyderabad,June 4: The AP High Court on Thursday warned it will take action on officials of the mines and geology department who conducted public auction of the sand reaches in the Penna River without obtaining a ground water feasibility report.
Dealing with a public interest litigation, a division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan expressed anger at the department indiscriminately conducting auction of sand reaches.
The court was hearing a petition filed by Mr. Jangiti Rajendra Prasad, a resident of Jyothi village in Kadapa district, urging it to declare as illegal the public auction held on April 24 for grant of lease to quarry sand from the Penna River. The court had granted stay on April 30 on all further proceedings pursuant to the auction.
Mr C.V.R. Rudra Prasad, the counsel for the petitioner, argued that the action by the authorities was illegal and violated Rule 9-B of the AP Minor Mineral Concessions Rules, 1966 and the procedures envisaged by the AP Water, Land and Trees Act and Rules.
The judges then asked the counsel for the mines and geology department, Mr Surya Satish, whether officials had conducted survey in the area to assess feasibility of ground water. When the counsel said no, the division bench asked how officials issued notification for the auction without a survey.
At one stage the court asked the counsel to identify the official who was responsible for the auction so that it could recover from him loss suffered by the exchequer.
“The court has noticed several irregularities in auctioning sand reaches across the state in the last one decade and this is a not isolated case,” said Justice Ranganathan.
Thursday, June 4, 2009
AP High Court seeks information on Satyam probe
By S A Ishaqui
Hyderabad,June 3: The AP High Court on Wednesday asked the Centre to submit a report on the progress of investigation into the multi-crore accounting fraud of Satyam Computers within four weeks.
A division bench comprising the Chief Justice, Mr Anil R. Dave and Justice Ramesh Ranganathan was dealing with a petition filed by Ms T.H. Sowbhgya Lakshimi, a practising advocate, seeking a direction to appoint a judicial commission to probe into the fraud.
Mr A. Rajasekhar Reddy, assistant solicitor general, while arguing the case told the court that various agencies of the Centre including Sebi, the Serious Fraud Investigation Office, the enforcement directorate and the Central Bureau of Investigation are already investigating the case.
He contended that there was no need for a judicial commission to probe the case as several agencies are on the job already.
The court said it is not inclined to pass any interim order and it would like to know the progress of the investigation. The court directed Mr Reddy to file an affidavit on the progress of the probe.
Ms Lakshimi urged the court to appoint a judicial commission with officers from the departments concerned and representatives from the Bar.
The petitioner also prayed to direct the ministry of corporate affairs set up a commission of inquiry under Section 3 of the Commissions of Inquiry Act, 1952.
Hyderabad,June 3: The AP High Court on Wednesday asked the Centre to submit a report on the progress of investigation into the multi-crore accounting fraud of Satyam Computers within four weeks.
A division bench comprising the Chief Justice, Mr Anil R. Dave and Justice Ramesh Ranganathan was dealing with a petition filed by Ms T.H. Sowbhgya Lakshimi, a practising advocate, seeking a direction to appoint a judicial commission to probe into the fraud.
Mr A. Rajasekhar Reddy, assistant solicitor general, while arguing the case told the court that various agencies of the Centre including Sebi, the Serious Fraud Investigation Office, the enforcement directorate and the Central Bureau of Investigation are already investigating the case.
He contended that there was no need for a judicial commission to probe the case as several agencies are on the job already.
The court said it is not inclined to pass any interim order and it would like to know the progress of the investigation. The court directed Mr Reddy to file an affidavit on the progress of the probe.
Ms Lakshimi urged the court to appoint a judicial commission with officers from the departments concerned and representatives from the Bar.
The petitioner also prayed to direct the ministry of corporate affairs set up a commission of inquiry under Section 3 of the Commissions of Inquiry Act, 1952.
Wednesday, June 3, 2009
Domestic Violence Act covers women
By S A Ishaqui
Hyderabad,June 2: The AP High Court said on Tuesday that women can be booked under the Domestic Violence Act if there was a specific complaint against them.
A division bench of Justice A. Gopal Reddy and Justice K.C. Bhanu said the mother-in-law and sister-in law of a victim come under the purview of the Act. There would be no specific exemption for women.
The judges were ruling on a petition filed by Ms Moon Moon Maharana of Visakhapatnam. Earlier, a single judge of the AP High Court had ruled that women cannot be booked under the Act.
Ms Moon Moon said she had fallen in love with Mr Umesh Prasad Maharana and married him in 2004. Mr Prasad was working in Malaysia and, after the marriage, she joined him there.
Her in-laws were opposed to the marriage and started harassing her for dowry. Her husband joined forces with them, said Ms Moon Moon, who lodged a DV Act complaint against the husband and in-laws.
Her mother-in-law moved the HC to quash the proceedings against her, and obtained a stay. Ms Moon Moon then appealed to the HC.
Hyderabad,June 2: The AP High Court said on Tuesday that women can be booked under the Domestic Violence Act if there was a specific complaint against them.
A division bench of Justice A. Gopal Reddy and Justice K.C. Bhanu said the mother-in-law and sister-in law of a victim come under the purview of the Act. There would be no specific exemption for women.
The judges were ruling on a petition filed by Ms Moon Moon Maharana of Visakhapatnam. Earlier, a single judge of the AP High Court had ruled that women cannot be booked under the Act.
Ms Moon Moon said she had fallen in love with Mr Umesh Prasad Maharana and married him in 2004. Mr Prasad was working in Malaysia and, after the marriage, she joined him there.
Her in-laws were opposed to the marriage and started harassing her for dowry. Her husband joined forces with them, said Ms Moon Moon, who lodged a DV Act complaint against the husband and in-laws.
Her mother-in-law moved the HC to quash the proceedings against her, and obtained a stay. Ms Moon Moon then appealed to the HC.
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