Part-5-All good things come to an end in the Supreme Court of India-Nazul Free Hold Case of U.P.

Part-5-All good things come to an end in the Supreme Court of India-Nazul Free Hold Case of U.P.

                                             Kanpur-16^th -June-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. The State of U.P was taking very heavy amount as premium for free hold of Nazul Land given on lease earlier while in the case of Free hold of plots given on lease by the Development Authorities and Awas Vikas Parishad, only a fraction was being charged .In a Land mark Judgment,dated-30-03-2006, the Allahabad High Court in Civil Misc Writ Petition No.3341 of 1999 in the matter of Harish Tandon V/s State of U. P found this to be discriminatory and in violation of Article 14. This Judgment would have benefited Lakhs of holders of Nazul leases.
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 about three years. On top of it had taken 7 years in the Allahabad High Court and before that a considerable time in fighting before the Authorities. The Order of the Supreme Court reads:-

ITEM NO.30                    COURT NO.3                     SECTION XI
              S U P R E M E   C O U R T   O F   I N D I A
 
                           RECORD OF PROCEEDINGS
                    
Petition(s) for Special Leave to Appeal (Civil) No(s).17245/2006
 
(From the judgement and order dated 30/03/2006 in CMWP No.
3341/1999 of The HIGH COURT OF
 
JUDICATURE AT ALLAHABAD)
 
STATE OF U.P. & ANR.                             Petitioner(s)
 
                        VERSUS
 
HARISH TANDON                                    Respondent(s)
 
 
(With appln(s) for exemption from filing O.T. and
with prayer
for interim relief and office report)
 
 
Date: 03/11/2006  This Petition was called on for hearing today.
 
 
CORAM :
 
        HON'BLE MR. JUSTICE B.N. AGRAWAL
 
        HON'BLE MR. JUSTICE P.P. NAOLEKAR
 
 
 
 
For Petitioner(s)          Mr. Harish N. Salve, Sr. Adv.
 
                                        Dr. R.G. Padia, Sr. Adv.
 
                                        Mr. S.W.A. Qadri, Adv.
 
                     Mr. Kamlendra Mishra,Adv.
 
                                        Mr. Rajeev Dubey, Adv.
 
                                        Mr. Fuzail Khan, Adv.
 
 
For Respondent(s) Mr. Dinesh Dwivedi, Sr. Adv.
 
                                        Mr. Ashish Mohan, Adv.
 
                     Mr. K.K. Mohan,Adv.
 
 
           UPON hearing counsel the Court made the following
 
                               O R D E R
 
 
 
 
                Leave granted.
 
 
                Until further orders, status quo as it exists
today shall be maintained.
 
 
 
 
 
                          (Rajesh Dham)    (Madhu Saxena)
 
                         Court Master      Court Master

 

3.  Till today, the case is pending and it is such a case in which it is most likely that the private party may have already reaped the benefit of the High Court Judgment and even otherwise may not even file a reply so the Case will meet a slow death in the Supreme Court and thus 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 it is more than possible that it will be denied forever because of the negotiating powers of the State Government. Therefore once the Supreme Court stays an order of the High Court of such a great public importance, it ought to and it should decide the case in maximum six months even if the respondents are served or not after all they do have the brains to decide the case even in absence of the reply or do they lack the brains and have to depend on the replies and arguments of advocates in which case the public will always loose as the State can afford to hire the most expensive Advocates at public cost and that too mostly to serve their egos and no public interest is involved in challenging the orders of the High Court.

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.

 

Tags- Supreme Court of India, All good things come to an   End, Nazul Land Free hold case in U.P.

Indian Army-What a Shame ?

Indian Army-What a Shame ?

13- June-2009

News paper headlines as below:

          Railways will post special posse of RPF personnel in trains frequented by Army Jawans, a list of trains for regular posting of the Posse is given then it is further revealed that if ten or more Army-men are found to be traveling in any one coach of any train the Special RPF Posse will be rushed and posted in that bogie.

          According to the News report, there were about hundred cases of Molestation of Women passengers, by Army personnel, reported (at-least ten times that number must have gone un reported) at Kanpur Central Station alone during the last year.

          The present decision was taken after the incident of two days ago when a Army Jawan, tried to drag a Canadian girl to the toilet, to rape her, he tore off all her clothes, fellow passengers saved her (had the Coach contained more army personnel than there actually were, chances are, that she would have been Gang raped by them and some of the fellow passengers too in all probability. She kept on crying the whole night, complained to the T.T, who sent the GRP escort, who ran away then after about fourteen hours , a few RPF Personnel caught hold of the Culprit and handed him to the G.R.P in Kanpur.

          So many accolades are showered on the Army men like they lay down their lives etc etc for the Country but do not forget that there are hundred times more people, willing to be in their shoes, for lesser pay even, it is all because of the huge unemployment problem in the Country that the Army is able to recruit so many Jawans, in Recruitment process alone, hundreds die due to the huge crowd and resultant stampedes etc.

How ever when it comes to the Officers, up to the Major level, there is no parallel to the Indian Army Officers. It seems that the Jawans minus the control of these Officers are just a unruly Mob and that too in a Country, which almost worships them. I have never ever in my life ever seen any citizen showing disrespect to the Army-men. However if ever you are forced by circumstances to board a Railway Compartment, Monopolized by them, prepare yourself for a harrowing experience, you are at best a enemy for them in the coach.

Shame Shame.

Robby Sharma

865, Block-B, Panki Kanpur-208020

Mob-09415438326; 09235844258.

Email  sharmarobby@hotmail.com

Sania Mirza-Below Poverty Line Card Holder-

Sania Mirza-Below Poverty Line Card Holder-

     14-06-2009

Today’s News headline:

Reminds us again about the most corrupt Country we live in. You see Rahul Gandhi, Manmohan, Priyanka and Sonia waving with radiant smiles on their faces after the Recent Victory. You hear talk of the power given to the youth. You see faces of Jatin Prasad, Jyotiraditya, Priya Dutt then Sharad Pawar’s daughter, Kumari Selja, Naveen Jindal, Sachin pilot , then Karuna Nidhis clan then a few Politicians Concubines etc etc (more of the last lot will come after the Women reservation bill )actually all of them are Billionaires. So are the seniors so effectively you have a Parliament & Ministry populated by at least 95 % Billionaires. Those who have declared five Crores are at least worth a hundred times more every body knows that. Have you noticed any decline in the level of Corruption in the Country? Actually no. In fact it used to be in lakhs previously, now it is in hundreds of crores and mark my word no politician wants to change that.

If things are to change then this younger generation must come clean, say alright our fathers made billions and we are sorry and we are giving back this ill-gotten wealth, back to the Country and keeping say 10 % for ourselves and now we will work to remove Corruption from the Country. No body , none of the so acclaimed younger lot has done that till now.

I recollect in the early eighties, a Rickshaw driving license was made by the Mathura  Municipality, in Raji Gandhi’s name, complete with his Photo and fathers name etc. Indira was the P.M. Afterwards many heads rolled in the Municipality.

Kerosene shortage was there even then and people had to give an application to the District Supply Officer if they needed Kerosene for some function. There was brisk business of Kerosene Consumer permits in Agra and the general trend was you write the application, asking for two cans (or pipa as it is called in U.P.15 liters each) give some reason, for the need ,give twenty to thirty Rupees per can to the Tout, who used to enclose one ten Rs note with the Application for the Inspector, who used to mechanically just cut the figure “two cans” and  write “allowed one can” and thereafter the permit was obtained after paying the other staff. So one person wrote in his application like this “Sir due to too much corruption in the DSO office, I need two cans of Kerosene to set fire to the DSO office.” The inspector mechanically wrote “allowed one Can” and the permit was issued. Next day it was in the headlines “ DSO issues permit to burn his office”. So corrupt is the System.

No body has forgotten how warrants were issued by a Gujrat Court in name of President of India & others.

I recollect that about twenty years back when one had to settle some traffic Challan in the Court, one had to pay about twenty to thirty Rupees to the dealing clerk and he used to pin up one Rs ten or twenty Rs note with each application and go before the Magistrate, Now it is a hundred Rupees note. At that time the Magistrate used to make about Rs two thousand daily without any effort, now it is about ten thousand daily and the process is fully mechanical, you don’t even have to go before the Magistrate.

We live in shameless spineless country.

Robby Sharma

865, Block-B, Panki Kanpur-208020

Mob-09415438326;09235844258.

Email sharmarobby@hotmail.com

 

 

 

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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