Apprehension is no ground warranting Jurisdiction under Article 226

Jurisdiction under Article 226 of the Constitution of India cannot be exercised on the basis of apprehensions which are not rooted in the facts and supported by reliable scientific material.

Indus Tower Ltd. Pune v, Gram Panchayat Chikhalhol, Distt Sangli & 2 others

Writ Petition No.15779/2022 before Bombay High Court

Writ Petition Allowed on 20.07.2023

By Hon’ble Mr. Justice Sunil B Shukre & Hon’ble Mr. Justice Rajesh S Patil J

Background

A Writ Petition is filed by Indus Towers Ltd. Pune against Gram Panchayat Chikhalhol, Sangli, District, Pune as the Gram Panchayat has passed a resolution on July 22, 2022 against the Indus Towers directing the telecommunication Company to stop further work of erection of the mobile tower. However, the Gram Panchayat has earlier given No Objection Certificate to the Indus Towers on June 30, 2022 and in view of the NOC, Indus Tower began installation work.

Fact

Mobile Tower installation work was stalled by the second resolution of the Gram Panchayat hence, instant Writ Petition was filed. It would not be out of place to mention here that Gram Panchayat vide Government Resolution dt. December 11, 2015 was empowered to issue NOC to the Tower Company and nothing other than NOC.

In the instant matter Gram Panchayat passed resolution against the Mobile Tower Company to stop work forthwith which actually was not empowered for by the relevant resolution. Moreover, once it has given NOC and based upon NOC when work was already started it can’t go back.

Second resolution was passed on 22.07.2022 by the Gram Panchayat as some villagers were apprehensive that installation of mobile tower will emit harmful radiation causing cancer to the villagers.

However, the apprehension was not supported by any scientific material warranting prohibition on installation of mobile tower.

Observation of the Court

It is well settled law that any agency or institution or person which seeks to deny a benefit or right to another on a special ground like the ground of mobile tower radiation being harmful to the health of the citizens, such agency or institution or person has a special burden of proof to establish the soundness of such a ground.

In the present case, the respondent-Gram Panchayat has failed to discharge the special burden of proof which was on its shoulders.

Decision

Resolution dt. 22.07.2022 passed by Gram Panchayat is set aside and Respondent - Gram Panchayat is directed for not obstructing the petitioner from operating the mobile tower so long as the occupation of the mobile tower is in accordance with law.

Seema Bhatnagar

The Unsung Heroes Of FEMA

New Post has been published on https://petnews2day.com/news/pet-news/dog-news/the-unsung-heroes-of-fema/?utm_source=TR&utm_medium=Tumblr+%230&utm_campaign=social

The Unsung Heroes Of FEMA

Click here to read the complete article226 – April, 2024 By Amy Fernandez The wildfires that devastated Maui last August provided incredibly graphic documentation of an unfolding catastrophe. And dogs were front and center of the story–on both sides of the equation. Heartbreaking images of residents fleeing their homes clutching pets reinforced the notion of […]

See full article at https://petnews2day.com/news/pet-news/dog-news/the-unsung-heroes-of-fema/?utm_source=TR&utm_medium=Tumblr+%230&utm_campaign=social #DogNews

SUO MOTO IN TAMIL - சுவோ மோட்டோ | WHAT LAW SAYS | MIND HUNTER LAW #suomoto #publicinterest #freedom #warrant #artical32 #article226

अब शादी सुदा बेटियों को भी मिलेगी सरकारी नौकरी Hamara Kanoon Hamara Desh Series by Hon Dr. Anthony Raju Advocate Excellent and incredible judgement by the Honorable Court said Dr. Anthony Raju Advocate #ipc498a #crpc154 #crpc155 #crpc167 crpc173(8) #crpc57 #ipc166a #cognizableoffence #unNecessaryarrest #misuseofpowerofarrestbypolice #dranthonyraju #supremecourt #highcourt #article226 #article21 #article32 #article14 #crpc482 #misuseofpreventivearrest #crpc41a #humanrightsmembership Join and support for Human Rights membership call 9873005424 Please like, share subscribe #freelegalhelp #protectionofhumanrightsact1993 #tophumanrightscouncil #aichls #anthonyraju #NCNB #merakanoonmeradesh #toocriminaladvocate #constitutionexpert Dr. Anthony Raju Advocate , Supreme Court of India. Global Chairman , All India Council of Human Rights, Liberties & Social Justice. Founding President - International Human Rights Advisory Council Chairman - National Legal Council for Human Rights International Convener, Universal mission for Peace and Human Rights. Chairman, National Council of News and Broadcasting. Secretary General : Asian Human Rights Council International Peace keeper Join us, SPEAK BEFORE APPLY FOR THE MEMBERSHIP For more details visit below 9873005424 , 9873087903 https://humanrightscouncil.in https://hrcin.org/ https://twitter.com/AdvAnthonyRaju Email : [email protected] ALL INDIA COUNCIL OF HUMAN RIGHTS, LIBERTIES & SOCIAL JUSTICE (AICHLS) is founded by Dr. Anthony Raju - Advocate , Supreme Court of India, Dynamic Internationally accredited Human Rights Defender, Inspirational, spritual and motivational speaker , Peace Activist & Social Worker and is one of global's foremost voices of Human Rights and powerful voice for voiceless people globally. All India council of human rights, liberties & social justice registered under Society , Govt of NCT, has been added as signatory to UNITED NATION GLOBAL COMPACT . #aichls #hrcin https://www.instagram.com/p/CMXammTlwhw/?igshid=1cect1phid2e6

#writ #petitions before #highcourt #scope #lawyers #freelegaladvice #telangana #mbbs #biology #legalseva #article226 (at Chandigarh, India) https://www.instagram.com/p/CJnN6mcJH_Z/?igshid=ak8bemu9r2o1

Cancellation of candidature of an IIT Qualified engineer at the final stage of induction into Civil Services held disproportionate to bonafide omission

Delhi High Court: The Division Bench comprising of Rekha Palli and Hima Kohli, JJ., allowed an appeal and set aside the order passed by Principal Bench, Central Administrative Tribunal, New Delhi concerning the cancelling of candidature for Civil Services Examination 2017 by UPSC.

The present petition was filed under Article226/227 of the Constitution of India, the petitioner had qualified his preliminary and mains stage for Civil Services Examination, 2016. It was noticed that he had mentioned different date of births for both the stages and on reaching the interview stage he filed an affidavit by mentioning the correct date of birth in compliance to his matriculation certificate. Though he did not clear the interview and had further applied for CSE, 2017 in which he again repeated the same mistake, for which a show cause notice was issued to him and his response, was recorded for the same. But due to an unsatisfactory response, his candidature was cancelled for CSE, 2017.

Further, aggrieved by the circumstances and on approaching the tribunal he was allowed to appear for the interview but his final results thereafter were withheld due to the pendency of proceedings at tribunal. Tribunal dismissed petitioner’s OA by upholding the respondent’s decision to cancel his candidature for CSE 2017 on the ground that the mistake was not inadvertent, but a deliberate one. Therefore, the petitioner approached High Court for the dismissal of the same.

The High Court on analysing the circumstances and facts of the matter stated that the mistake on the part of the petitioner in mentioning the date of birth incorrectly has no bearing either on his eligibility for CSE, 2017 or the benefits liable to be derived by him if he ultimately clears the examination. “Error on the part of the petitioner could not be treated as a misrepresentation or suppression of facts.” Thus it was also stated by the Court that in circumstances where petitioner is an SC candidate and a qualified engineer from IIT, cancellation of his candidature at the final stage, would be punitive action, completely disproportionate to a bonafide omission on his part. The order of tribunal and UPSC was quashed and set aside. [Anuj Pratap Singh v. Union of India, WP (C) 8415 of 2018 & CM No. 32327 of 2018, decided on 04-09-2018]

Tweet

The post Cancellation of candidature of an IIT Qualified engineer at the final stage of induction into Civil Services held disproportionate to bonafide omission appeared first on SCC Blog.

Cancellation of candidature of an IIT Qualified engineer at the final stage of induction into Civil Services held disproportionate to bonafide omission published first on https://sanantoniolegal.tumblr.com/

 A Case of Superstition and Property Rights

Court often comes across situations where I think judges might feel like holding their heads. Whenever a case is presented to the court, the court has to make a decision one way or another. But by dealing with such cases, the productive time of the court is blown on trivial matters.

E Shakthi Murugan v. The District Collector Chengalpattu & 6 others

Writ Petition 2384/2024

Before High Court of Madras

Heard by Hon’ble Mr. Justice N Anand Venkatesh J on 02.02.2024.

Well coming to the point this is a case where Petitioner E Shakthi Murugan owner of his property was forbidden from enjoying his property.

Reason, a stone was erected in front of his property covered with Green Cloth and it was projected as a Deity.

Petitioner tried to remove the Implanted Stone.

But it was resisted by the Seventh Respondent - Kumaresan from removing the stone.

Help of police was sought.

But as usual no help came to rescue the petitioner.

Ultimately Article 226 of the Constitution of India was resorted to by knocking the door of the High Court.

Court on perusing the Photograph annexed with the petition found that the Stone covered with green cloth was planted in front of the property of the Petitioner.

Normally property related issues are dealt by Civil Court.

Court observed it would be a funny situation if the petitioner approaches the Civil Court for such a frivolous issue.

Respondent-Kumaresan will claim that the stone must be treated as an idol and the petitioner will state that it is merely a stone and not an idol.

It will become impossible for the Court to decide whether it is a stone or it has uplifted itself into the status of an idol.

Isn’t it??

It will be a waste of judicial time.

Court observed it is unfortunate that people still believe in superstition.

To close the matter Hon’ble Court directed Assistant Commissioner of Police, Pallavaram Range, Chengalpattu to act upon the complaint of the petitioner and get the stone planted in the entrance of the property removed within a week from the date of receipt of the order copy.

#writ #petitions before #highcourt #scope #lawyers #freelegaladvice #telangana #mbbs #biology #legalseva #article226 (at Chandigarh, India) https://www.instagram.com/p/CJnN6mcJH_Z/?igshid=ak8bemu9r2o1