Monday, December 31, 2007

Affidavit on names of encounter cops sought

Hyderabad, Dec. 31: A larger bench of the High Court asked the state government and the petitioners to submit an affidavit on the issues to be considered during the course of arguments of a batch of writ petitions pertaining to the disclosure of names of police personnel who participated in encounter.
The AP Civil Liberties Committee had filed a petition seeking a direction from the court to the police to reveal the names of the 15 members of the district police special party who participated and killed eight Maoists in the encounter on July 23 last year. The Committee asked whether the police could infringe the Article 21 of the Constitution by a procedure evolved on its own without any authority or statute or sanction or procedure.
Court dismisses plea by Sitapathi Rao
The High Court dismissed a petition filed by T. Sitapathi Rao, ex-officio advisor to the state government in irrigation projects, against the proceedings initiated by the Lokayukta.
HC tells GHMC to get details of cell towers
The High Court directed the commissioner of Greater Hyderabad Municipal Corporation to call for details of all buildings on which cellphone towers are erected in the city. A division bench granted a week’s time for the commissioner to complete the exercise of buildings in Kapra Municipality. The petition complained of a serious danger for the life and property due to the existence of a tower on a newly constructed building.

HC suspends order on dam

Hyderabad, Dec. 31: The Andhra Pradesh High Court on Monday suspended the order of the National Environmental Appellate Authority cancelling the Central government’s environmental clearance for the Polavaram project. A division bench comprising Justice Meena Kumari and Justice G. Rohini ordered interim suspension of NEAA’s directive and issued notices to all the respondents including Orissa and Chattisgarh to file counters.
NEAA had quashed the environmental clearance given to Polavaram by the Union environment and forest ministry on December 19 on an appeal filed the Academy of Mountain Environics, a non governmental organisation. The State government then filed a petition in the HC urging it to quash NEAA orders.
The bench, which allowed the petition and posted the case to February 11, observed that NEAA had no power to deal with a petition challenging the clearances granted by the Centre for a irrigation project. According to the Section 11 and Section 11 (1) of Environmental Appellate Authority Act, NEAA can deal with industrial units. But there was no mention of irrigation projects or water bodies, said the HC. Advocate General, Mr C.V. Mohan Reddy, told the HC that the government had spend Rs 1500 crore on the project and if work was stopped it would cause great loss.

AP gets back Gurukul land

AP gets back Gurukul land
Hyderabad Dec. 31: The Andhra Pradesh High Court on Monday upheld the Andhra Pradesh Tenancy Laws (amendment Act 28 of 2002) Act. This will enable the state government to retain the Gurukul Ghatkesar Trust land surrounding Hitec City, which it took over from encroachers.
The land belonged to one Bhadrinath earlier and he reportedly handed it over to the Trust in 1951 through a gift deed. The Trust holds about 640 acres in Izzatnagar of Khanamet village.Prominent persons including film actors and politicians had constructed houses in the land, which has been in the centre of a controversy for the last two decades. Certain software companies also purchased plots there and trustees allegedly sold some plots to private societies in 1982. The endowments department took over the responsibility of running the Trust after trustees fought with each other few years ago.
A division bench comprising acting Chief Justice Bilal Nazki and Justice N. Ram Mohan Rao on Monday dismissed a writ petition filed by Gangula Narsimha and 32 others claiming to be the protected tenants of the land in Khanamet village.
The petitioners urged the court to say that the provision of Clause (g) of Section 102 of AP (Telangana Area) Tenancy and Agriculture Act was unconstitutional. According to them, the Trust had no right to claim ownership of the land.
However, the endowments department told the court that the land originally belonged to the Trust. Ch. Satish Kumar, standing counsel for the endowments department, said the court order would allow the government to take over land which was encroached upon. He added that the petitioners were trying to taking shelter under the provisions of the AP Charitable Institutions and Endowments Act.

Sunday, December 30, 2007

H C quashes cases on BCCI

Hyderabad Dec 10 : Andhra Pradesh High Court on Mondayquashed criminal cases against the Board of Cricket Control forin India (BCCI) president and Union Minster for Food andAgriculture Sharad Pawar , BCCI Secretary Niranjan Shah,Hyderabad Cricket Association president G Vinod and others.Justice G V Seethapathy allowed writ petitions filed SharadPawar, G Vinod challnging the Cyberabad third metropolitancourt to initiate criminal proceedings against Sharad Pawar,Niranjan Shah, G Vinod and HCA secretary Shivlal Yadav.Justice Seethapathy observed that the petitioner has failedprove the allegation levelled against Sharad Pawar and others.Uppal police registered a case on November 6, against SharadPawar, Niranjan Shah, G Vinod and Shivalal Yadav underSections 120B, 420, 406, 409 and 468 of IPC following theorders of Cyberabad third metropolitan magistrate court.Former MP and a cricket fan, P. Radhakrishna, approached thecourt with a complaint about the October 5 India-Australia OneDay International (ODI) played at the Rajiv GandhiInternational Cricket stadium.He contended that for the ODI, ticket sales began on October 3and it got over in a day. While the stadium has a seatingcapacity of 39,000, only 15,000 tickets were sold over thecounters of various branches of UCO bank. This denied manyfans an opportunity to watch the match. He said it attractscriminal misappropriation, conspiracy and cheating .S Niranjan Reddy advocate argued on behalf of Sharad Pawarand others submitted the court that there are absolutely noallegations made with regard to any act of cheating, criminalbreach of trust or forgery in the petition. He informed the courtthat the sale of tickets was not within the purview of the BCCI.

H C suggests to amend law of traffic

Hyderabad Dec 5 : Andhra Pradesh High Court on Thursday suggested that the state government amend the law related to punishments for violations of traffic rules.The court said monetary penalty for speaking on cell phoneswhile driving will not serve any purpose and recommended thatthe violators be put behind bars for at least a day.A division bench comprising acting Chief Justice Bilal Nazkiand Justice Ramesh Ranganathan while dealing with a writpetition observed that the punishment should create adeterrence among the violators. The bench said that thefrequent traffic snarls persists as the most of the commuters donot follow lane discipline during the driving.The bench asked the Advocate General to inform the court thatif there is any proposal to amend the penal provisions in MotorVehicle Act. The court asked the AG to submit an affidavit ontraffic problems, parking places available in the city and othertraffic related issues by Monday.The court wanted to know what scheme has been prepared bythe government to create awareness and educate public ontraffic related issues and problems.

Muslim Quota Bill

Hyderabad Dec 5 : A larger bench of the AndhraPradesh High Court on Tuesday asked senior counsel KRamakrishna Reddy to show the material proving thatthe occupational groups among Muslim communitywhich were identified and provided with reservation arenot backward. Ramakrishna Reddy filed a public interestlitigation challenging the Muslim reservation bill.The bench also asked the petitioners to demonstrate thatthey were effected with irreparable loss due to providingfour percent reservations to Muslims.The larger bench headed by Justice Meena Kumari andJustice Prakash Rao, Justice D S R Verma, Justice AGopal Reddy and Justice V Eswaraiah began the hearingof final arguments on a batch of writ petitions filed insupport and against the Muslim reservation bill.The Advocate General C V Mohan Reddy initiated thehearing and urged the bench to pass an interim order toapprove the admissions for the B.Ed and B.Pharmacyand LLM courses before proceeding further on the mainpetition.Ramakrishna Reddy argued that without hearing thearguments on the main petition passing interim orders isnot justifiable.Justice Meena Kumari suggested that keeping in viewthe future of the students, an interim arrangement will bemade till this court passes a final order. She said that:"Allow students to attend classes and maintain a separateregister and account for the students selected under fourpercent reservation till the final verdict."Justice Meena Kumari asked the petitioners to explainthat how many marks they obtained and how they havebeen deprived of seats because of four percentreservation to Muslims.