Part-4-All good things come to an end in the Supreme Court of India-Housing Societies Stamp duty-Case.

Part-4-All good things come to an end in the Supreme Court of India-Housing Societies Stamp duty-Case.

Kanpur-30th -May-2009

For years during my Research on various topics including the Town Planning Laws of India, I have noted that it is on rare occasions possible for the general public of India to get a few orders from the High Courts, which go a long way in addressing the problems of the teeming masses but All such good things come to an end in the Supreme Court of India, which more often than not stays the Order of the High Court arbitrarily then keeps on sitting on the Petition for years, often decades altogether, resulting in denial of the Relief to the general public, which the High Court took pains to provide. I shall be discussing a few cases periodically, Some cases I am detailing below:-

1. In a Land mark Judgment,dated-October-14-2004, the Allahabad High Court in Civil Misc Writ Petition No.13560 of 2003, in the matter of Rail Vihar Kalyan Sahkari Awas Samiti Ltd and seven other connected petitions ruled that Once a Housing Society had got the Sale/lease deed executed in its favor, the State Government could not force its members to get individual deeds executed in their names as they themselves were the owners of the Society as such they could not be forced to get registered separately portions allotted to them individually, as they themselves were their owners and there was no need for payment of any further Stamp duty by individual members.

2. However, as usual, before the general public could reap the benefit of the judgment of the High Court, the Supreme Court, aghast at the relief provided to the general public i.e. the insignificant common man, stayed the order and thereafter it has been sitting on the file for five years. After completion of hearing, one of the Judges opted out of the case, strangely requiring rehearing by another Bench. The hearing was completed on 15th of October-2009 and the Supreme Court passed the following order “ “ITEM NO.101(Part-heard) COURT NO.8 SECTION XI SUPREME COURT OF INDIA RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 2938 OF 2005 STATE OF U.P. & ANR. Appellant (s) VERSUS ARMY WELFARE HOUSING ORGANISATION & ORS. Respondent(s) (With office report ) WITH C.A. No.2939/2005 (with office report), C.A.No.2941/2005 (with office report), C.A.No.2942/2005 (with office report), C.A.No.2943/2005 (with office report), C.A.No.2945/2005 (with appln.(s) for permission to place additional documents on record and with prayer for interim relief and office report), C.A.No.2944/2005 (with office report), C.A.No.3607/2006 (with appln.(s) for impleadment as party respondent and with office report), C.A.No.3605/2006 C.A.No.3621/2006 C.A.No.3618/2006 C.A.No.3608/2006 C.A.No.3604/2006 (With appln.(s) for permission to place additional documents on record and with ofice report) C.A. No.3606/2006 (With office report) C.A. No.3603/2006, Date: 15/10/2008 This Appeal was called on for hearing today. CORAM : HON’BLE MR. JUSTICE DALVEER BHANDARI HON’BLE MR. JUSTICE HARJIT SINGH BEDI Mr. P.C. Agrawala, learned senior counsel appearing for the respondents commenced his arguments at 10.30 a.m. and concluded at 10.45 a.m. C.A.Nos.2941 of 2005 & 3618 of 2006 Mr. Neeraj Kumar Jain, learned counsel appearing for the respondents commenced his arguments at 10.45 a.m. and concluded at 10.50 a.m. C.A.Nos. 2939, 2942 of 2005, 3605, 3607/2006 Mr. Mahendra Anand, learned senior counsel appearing for the respondents commenced his arguments at 10.55 a.m. and concluded at 11.05 a.m. I.A. No. 3 in C.A. 3607 of 2006: None is present for the applicant. The application for impleadment is dismissed. I.A. No. 3 in C.A. No. 3625 of 2006: None is present for the applicant. The application for intervention is dismissed. Judgment reserved in all the appeals. Learned counsel appearing for the respective parties are permitted to file written submissions in their respective appeals within one week from today. Transfer Petition Nos. 148, 149 & 150/2006 The Transfer Petitions be listed after the pronouncement of judgment in the appeals. (Pardeep Kumar) (Neeru Bala Vij) Court Master Court Master”

3. Till today, the Judgment has not been pronounced and the State of U.P continues to Extort Crores of Rupees, from the general public Therefore the benefit given to the common man by the Allahabad High Court has been denied to the public by the arbitrary and Authoritarian stay order of the Supreme court and thereafter its reluctance to pass the final order may be because of the negotiating powers of the State Government.

4. This article will be continued regarding other cases, where the Public interest benefic Judgments passed by the High Courts have come to an end in the Supreme Court of India and have been pending since ages. Robby Sharma 865, Block-B, Panki Kanpur-208020 email—sharmarobby@hotmail.com Mob-91-9415438326;9235844258.

M S Gill Ex Election Commissioner-A National shame

M S Gill Ex Election Commissioner-A National shame

 30th May-2009

The ex Election Commissioner M S Gill has become a second term Minister. I can not but help in seeing him as a National Shame.

He may believe himself to be a totally honest man but the very fact that he jumped on to the band wagon of a Political party after his retirement was and is shameful.

How can one believe that he was neutral while he was the Election Commissioner? There are certain norms of decency for which no rules are laid in any law but the individuals, who occupy high Constitutional posts are supposed to know about them and follow them.

Mr Gill, by his greed for power, has set a shameful precedent and the likes of Naveen Chawla, already under cloud are sure to follow suit.

Robby Sharma

Email-sharmarobby@hotmail.com

Part-3-All good things come to an end in the Supreme Court of India-Answer Sheets RTI – case.

Part-3-All good things come to an end in the Supreme Court of India-Answer Sheets RTI – case. Kanpur-23-May-2009

For years during my Research on various topics including the Town Planning Laws of India, I have noted that it is on rare occasions possible for the general public of India to get a few orders from the High Courts, which go a long way in addressing the problems of the teeming masses but All such good things come to an end in the Supreme Court of India, which more often than not stays the Order of the High Court arbitrarily then keeps on sitting on the Petition for years, often decades altogether, resulting in denial of the Relief to the general public, which the High Court took pains to provide. I shall be discussing a few cases periodically, Some cases I am detailing below:-

1. After the passage of the Right to Information Act-2005, all public documents, other than those for which specific exemptions have been provided in Section-8 of that Act were to be disclosed. The Public Authorities to cover up their Corruption, have been opposing the RTI applicants on one baseless ground or another resulting in the matters reaching the Courts.

2. Lots of students filed RTI applications seeking certified photocopies of their Answer sheets, the Applications were opposed by Central Board of Secondary Education, Various State Boards and Universities, However in the matter of Pritam Rooj v/s University of Calcutta, the Calcutta High Court single Judge on 28-03-2008 as reported in AIR 2008, Calcutta-118, ruled that the Answer sheets were not exempted and should be disclosed. The matter was taken in Appeal to the Division Bench of the Calcutta High Court, which, on 05-02-2009 in M.A.T No.275 of 2008,University of Calcutta vs Pritam Rooj; Writ Petition No.18189(W) of 2008, Aditya Bandopadyay V/S Central Board of secondary Education and W.P No.208 of 2008;W.P. No.5302(W) of 2008; W.P.No.57423(W) of 2008, W.P.No.5744(W) of 2008, in all of which West Bengal Secondary Education Board was a party, ruled that :- “A few words before we conclude our discussion on the second issue supra. We would not be unjustified in taking judicial notice of the Courts of Writ nowadays being flooded with innumerable cases filed by aggrieved parties – particularly students of schools, colleges, universities and other academic institutions, as also participants of various selection examinations conducted by the appropriate bodies for recruitment to public service alleging wrong, improper or unfair marking and gross negligence in the assessment of their written performances which, according to them, ultimately hamper their academic and career progress substantially. Since marginal difference in marks decides placement of candidates in the merit list, the anxiety of the examinees/candidates can well be appreciated. However, success rate of such petitions is not very high considering the fact that the aggrieved parties often fail to demonstrate before the Court as to how the assessment is defective or arbitrary. Yet, situations are not rare where various Courts have called for production of the answer scripts of aggrieved examinees and detected mistakes, at times glaring, in assessment of such scripts or non-awarding of marks commensurate with the assessment made. Though the Courts in appropriate cases have passed orders for re-examination and scrutiny which have resulted in the aggrieved party being awarded his dues, it is often seen that the said relief has come at a time when their losses are beyond repair – a valuable year has been lost or an employment opportunity sorely missed in these fiercely competitive times thereby resulting in untold misery and harassment to them. The RTI Act, therefore, in our considered opinion would act as a buffer to such incidents in future and will help aggrieved parties to get their rightfully deserved relief. It also hopefully will act as a warning for errant examiners and assessors to perform their duties more diligently. Before parting, we rule that the observation of the learned Judge that the proviso at the foot of clause (j) of Section 8(1) is a proviso to sub-section (1) of Section 8 is not the correct exposition of law and while holding it to be obiter dictum, we would respectfully agree with the decision of the Bombay High Court reported in AIR 2007 Bom 121 : Surupsingh Hrya Naik vs. State of Maharashtra in this regard. The judgment and order under appeal does not call for interference. The orders impugned in the writ petitions filed by the WBBSE also do not call for any interference. The writ appeal of the University and the writ petitions filed by the WBBSE stand dismissed. The connected writ petition being W.P. No. 208 of 2008 filed by the father of the examinee stands allowed. Inspection shall be granted to the concerned examinees within four weeks from date of receipt of a copy of this judgment, if not already granted.The order of the CBSE dated 12.7.2008, impugned in W.P. No.18189 (W) of 2008, is set aside. The writ petition stands allowed within a direction upon the CBSE to grant inspection of the answer scripts to the information seekers/examinees concerned within four weeks from receipt of a copy of this judgment. Prayer made by the examinees for reevaluation of the scripts, however, stands refused. It shall be open to them seek relief in this behalf in appropriate proceedings, if initiated, after they have access to the assessed/examined answer scripts. Photostat copy of this judgment, duly countersigned by the Assistant Court Officer, shall be retained with the records of W.P. No. 208 of 2008, W.P. No. 5743 (W) of 2008, W.P. No.5744 (W) of 2008, W.P. No.5302 (W) of 2008 and W.P.No.18189 (W) of 2008. Urgent photostat certified copy of this judgment, if applied for, be furnished to the applicant within 4 days from date of putting in requisites therefor. I agree. (SURINDER SINGH NIJJAR, C.J.) (DIPANKAR DATTA, J.) 48 Later : Prayer for stay of operation of the order has been made by learned Counsel for the University, the WBBSE and the CBSE. Such prayer is considered and refused. (SURINDER SINGH NIJJAR, C.J.) (DIPANKAR DATTA, J.)”

3. However before the general public could reap the benefit of the judgment of the High Court, the Supreme Court, without understanding the gravity of its order has passed a strange Stay order in all the cases as below:- IT E M NO.36 COUR T NO.7 SECT I O N XV I S UP R E M E CO U R T O F I N D I A R ECO R D OF P R OC E E D I N G S Petition(s) for Special Leave to Appeal (Civil) No(s).7526/ 2009 (From the judgement and order dated 05/02 / 2 009 in W P No. 18189(W) / 2008 of The H I G H COU RT OF CALCUTT A) CENT R L A L BOA R D OF SEC.E D UC A T I O N & AN R. Petitioner(s) VE R S U S AD I T Y A BAN D O P A D H Y A Y & ORS. Respondent(s) (With prayer for interim relief) Date: 09/04 / 2 009 This Petition was called on for hearing today. COR A M : HON’ B L E M R. JUST I C E R.V. RA V E E N D R A N HON’ B L E M R. JUST I C E H.L. DATTU For Petitioner(s) Mr. Altaf Ahmed, Sr. Adv. Mr. Tara Chandra Sharma,Adv. Ms. Neelam Sharma, Adv. For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Interim stay of the impugned order in so far as it directs the petitioner to permit inspection of the answer scripts of candidates who were not the petitioners before the Court. ( Pawan Kumar ) ( Anand Singh ) Court Master Assistant Registrar

4. The Order of the Supreme Court is so confusing that thousands of RTI applicants/Students will be hit by it, the Boards will refuse the RTI applications and the students will have to go to the High Courts before they can get to see their Answer sheets. The Order of the High Court of Calcutta was so clear that it directed clearly “The writ petition stands allowed within a direction upon the CBSE to grant inspection of the answer scripts to the information seekers/examinees concerned within four weeks from receipt of a copy of this judgment.” Therefore the Order of the High Court was clearly for the benefit of those Examinees, who had filed RTI Applications for disclosure/provision of Photocopies of their Answer Sheets and the same were pending in the Boards. Therefore the benefit given to the students by the Calcutta High Court has been denied to the public by the arbitrary and Authoritarian stay order of the Supreme court and because the Respondents in the case are not hit by the case therefore they will not even file the replies in the Petitions so the case may drag on for decades in the Supreme Court and the important Question of Law decided by the High Court, so elaborately will be buried in the waste Paper Basket, that is the Supreme Court of India till the future RTI-applicant students, become grandparents themselves.

5. This article will be continued regarding other cases, where the Public interest benefic Judgments passed by the High Courts have come to an end in the Supreme Court of India and have been pending since ages. Robby Sharma 865, Block-B, Panki Kanpur-208020 email—sharmarobby@hotmail.com Mob-91-9415438326;9235844258.

All good things come to an end in the Supreme Court of India-1

All good things come to an end in the Supreme Court of India-1

                                                Kanpur-19-May-2009

For years during my Research on various topics including the Town Planning Laws of India, I have noted that it is on rare occasions possible for the general public of India to get a few orders from the High Courts, which go a long way in addressing the problems of the teeming masses but All such good things come to an end in the Supreme Court of India, which more often than not stays the Order of the High Court arbitrarily then keeps on sitting on the Petition for years, often decades altogether, resulting in denial of the Relief to the general public, which the High Court took pains to provide. I shall be discussing a few cases periodically, Some cases I am detailing below:-

1. In a Land mark Judgment, the Patna High Court ruled that after the 74^th Amendment of the Constitution, All Urban Development Authorities were illegal as no Development Area could be declared. There could be Municipality; There could be Panchayat; There could be District Planning Authority and there could be Metropolitan Planning Authority. All these would have a majority from amongst  elected Peoples Representatives and only a minority of Government functionaries, in short the Planning process was given back to the peoples Representatives, and Co-Ordinated Spatial Planning (means related to space i.e. Land etc) was to be done with care to the needs of the Panchayats and the Municipalities. There was to be equal distribution of the natural and other Resources. No longer could there be a purely Urban Development Authority. No longer could a Village even after its Inclusion in a Urban Area be converted in to a Slum of the City. It would co exist with the City as an independent entity.No longer could Bureaucrats enjoy monopoly or majority say in the Planning process. Judgement and order dated 15/07/2004 in CWJC 4148/03 of The HIGH COURT OF PATNA was passed in the case of Md Mustaque v/s State of Bihar, reported in 2004 AIR, Patna-73.
2. However before the general public could be freed from the clutches of the State & Central level Bureaucrats, by abolition of the Urban Development Authorities like Delhi Development Authority etc, the Supreme Court on 05-11-2004 itself stayed the Judgment in Special Leave to Appeal (Civil) No(s).22245/2004 as well as WITH SLP(C) NO. 22726 of 2004 (SLP(C) NO. 22935-22936 of 2004

SLP(C) NO. 23105 of 2004.The Petitions were filed by State of Bihar; Patna Regional Development Authority; Gaya Regional Development Authority etc. The State Bureaucrats fearing loss of billions of Rupees of Ghotala and Bribe money, which these Authorities provide them with, went to the upreme Court.

3. However Nitish Kumar, when he became Chief Minister of Bihar, abolished repealed all the Urban/Regional Development Authorities and gave all their powers to the Elected Representatives, the Municipalities in 2007 by Bihar Municipal Bill 2007.Thus for all practical purposes, the Patna High Court Judgment was followed by the State of ihar.

4. Inspite of this the Bureaucrats of the abolished, Non existent Authorities are pursuing the case, i.e. dead man contesting, their Advocates are appearing and they are  hoping that if the Supreme Court strikes down the Patna High Court Order, they can prevail upon the Government to create afresh these Golden egg laying authorities for them. The present situation is that five years have passed. The last order of Supreme Court  Date: 17/03/2009 reads:

“This SLP is of the year 2004.

Thereafter petitioner, State Authority could not serve  a single respondent against whom there is an ex-parte stay. The matter was adjourned for 23rd April 2007, 20th August, 2007 and 6th December, 2007 when matter was ordered to be listed before the Hon’ble Chamber Judge for default of the petitioner. By order dated 31^st January, 2008, Hon’ble Chamber Judge has granted further four eeks

time by way of last chance with an additional dasti service.  Petitioner has failed to serve the unserved respondents till date. Petitioner has also failed to take appropriate steps by selecting proper mode of service, as provided under the Code of Civil Procedure till date.Now, petitioner has filed an application for substituted service on 4^th March, 2008.      On perusal of such application, it is found that it is not proper and as per rule, in as much as the name of the newspaper are not disclosed in such application, therefore such application cannot be entertained. Considering the fact that matter is pending for confirming service upon single unserved respondent for five years, list the matter before the Hon’ble Chamber Judge for non-prosecution against unserved respondents.”

5.  Therefore the benefit given to the general public by the Patna High Court has been denied to the public by the arbitrary and Authoritarian stay order of the Supreme court  for the last six years and this may continue for generations. Therefore the Supreme Court, where it stays any order of the lower Courts, must ensure that the case is decided on merits within at the most six months and even if the party obtaining the stay abstains, the Case must be decided. In the present case, if the Case is dismissed, simply for default of the Petioner, the important point raised by the Honorable Patna high Court will be left un answered and leading to future Confusion as well in cases of other States, which may raise the issue again in case of any similar Judgment passed by their High Courts.

6.  This article will be continued regarding other cases, where the Public interest benefic Judgments passed by the High Courts have come to an end in the Supreme Court of India.

Robby Sharma

865, Block-B, Panki Kanpur-208020

email—sharmarobby@hotmail.com

Mob-91-9415438326;9235844258.

Western Propaganda against USSR responsible for surge in Terrorism

Western Propaganda against USSR responsible for surge in Terrorism

An open Letter to president Bush.

From:-Robby Sharma                                                                         06/09/2004

 

House no.865, Block-B, Panki, postal code-208020

City-Kanpur, State-Uttar Pradesh,

Country-INDIA

 

To

 The President of the United States Of America  

Dear Mr President.

I would like to give you my best wishes for the coming elections.

      Sir in the past few years you have done a tremendous job in fighting Islamic terrorism. Sir whatever people of the world may say but the fact is that since its advent Islam has only preached & practiced bloodshed & has always raised its sword against the civilized people of the times, it has butchered billions of innocents, making no exception of women & children.

  If one wishes to know about Islamic butchery, one will have to read about the genocide they committed for thousands of years in INDIA , my country ( which they invaded as soon as the Khalifa of Baghdad took up the task of propagating Islam by use of sword as early as within a decade or two of death of Mohammad) & their own historians put everything in writing .

    I think that the Western media & propaganda about the defeat of USSR forces in Afghanistan is also to be blamed for rise in Islamic terrorism all over the World.

The USSR if it wanted could have annihilated Afghanistan by using a few Nuclear bombs in its arsenal , the fact that it did not do so due to concerns of the world community & to avoid further loss of lives, does not make it a COWARD nor does it mean that it was defeated.

   .A superpower if it chooses not to utilize its Nuclear option in a conflict with a weaker enemy & instead chooses to withdraw on humanitarian grounds can only be applauded as your own Country did in Vietnam, Korea etc.

     The Western propaganda of defeat of the USSR in Afghanistan was music to the ears of the Islamic terrorists; later on the breakup of the Soviet Union let loose the Scourge of Islamic terrorism on the civilized world. All the Muslim Majority nations of the erstwhile Soviet Union, who were kept away from fundamentalism by strict Soviet control are now out of its control, are nuclear armed & if their arsenals fall in to the hands of Islamic fundamentalists then the Civilized world will have had it.

    I only hope that your great Country can save the Civilized nations of the world from this terrible danger & I wish to convey my best wishes to you in your fight against terrorism.

Thanking You

Robby Sharma