HC to Delhi government : Fix Problem of Stray Cattle: HC to Delhi government

The plight of stray cattle along with the threat they pose to city motorists has made Delhi high court take up the matter on an urgent basis.

Reviving a long pending petition on illegal dairies & stray cattle wandering the streets, the HC has asked chief secretary of Delhi government to take immediate measures.

A bench of justices G S Sistani & Jyoti Singh, in a recent order, directed the government to take stock of the problem of stray cattle & address it within a fixed time frame, “keeping the urgency & objective in mind & not to postpone or defer the issue.”

The court noted that its intervention is needed not only for the rights of animals, but also to safeguard the rights of the citizen. It underlined that “stray cattle on road lead to traffic problems & more often than not, two-wheelers face the brunt. Especially at night, the chances of accidents are higher, along with the possibility of injury to the cattle.”

HC further observed that when cattle are left stray on the roads or are not kept in proper hygienic conditions in dairies, insanitary conditions & diseases rise. This may worsen during the monsoon as chances of waterborne diseases also go up.

The bench made it clear that the government, civic agencies & other departments must take “serious steps so that the citizens can live in a cleaner city & the cattle be kept in hygienic conditions & are better looked after. The roads will undoubtedly be free of obstruction & traffic jams & the accidents would be minimised.”

The court directions came while hearing a batch of petitions, including one by activist Gauri Maulekhi, highlighting that stray cattle roaming the city streets for want of food sometimes end up consuming garbage, which has harmful materials, including plastic. Another plea raised the issue of illegal dairies running in parts of the city & wanted HC’s directions to close them so that the cattle are impounded & rehabilitated in government-run cattle sheds.

Last year HC had ordered the chief secretary to meet decision makers of Delhi Development Authority, Animal Husbandry Department, Urban Development Department, the three municipal corporations of Delhi & other stakeholders to chalk out a plan to remove the stray cattle.

The court said it intends to monitor progress by the authorities on this front & asked the CS to call a meeting where timelines can be fixed to solve the issues flagged by HC & the petitioners. It also ordered that Maulekhi be made a part of the deliberations.

Delhi High Court seeks response of Delhi government on plea for Unani doctors in Tihar jail

The Delhi High Court has sought response of the Delhi government and jail authorities on a plea seeking ayurvedic doctors for prisoners lodged in the high-security ward of Tihar jail, without any discrimination.

Justice Mukta Gupta asked the authorities to file a status report and listed the matter for further hearing on January 25.

The plea filed by prisoner Daya Singh Lahoria claimed that he was suffering from serious ailments and has been recommended hot water by an orthopedic doctor and it was also allowed by the trial court but the jail authorities were not providing it despite repeated requests.

He sought direction to jail authorities to provide facilities for keeping electronic kettle for hot water as recommended by the orthopedic doctor.

Advocate Harpreet Singh Hora, appearing for Lahoria, alleged that unani/ayurvedic doctor was being provided to the prisoners but the jail authorities were acting in a “discriminatory manner” and have discontinued the same to the prisoners lodged in the high-security ward of the Tihar jail, that is ward number 8/9.

The plea said no reason was given by the authorities for discontinuing the Unani doctor’s treatment.

High Court questions Centre’s policy exempting autos from having panic buttons

The Delhi High Court today questioned the Centre’s 2016 policy exempting autorickshaws and e-rickshaws across India from having panic buttons or General Packet Radio Service (GPRS), saying how can it have such a scheme “in an atmosphere where people are getting raped”.

The high court also said that “for once”, the Centre must agree with the Delhi government which has made it mandatory for autorickshaws to have Global Positioning System (GPS) or GPRS system under its public transport policy of 2010.

The observation by Justice Rajiv Shakdher came while hearing a plea by a trade union of autorickshaws plying in the national capital seeking exemption from having GPS or GPRS systems, used for tracking vehicle location, in the three-wheelers.

“Why are three-wheelers and e-rickshaws exempted in the present environment? In an atmosphere where people are getting raped, you are saying you don’t want panic buttons or GPS or GPRS systems.

“For once, you (Centre) must agree with them (Delhi government) that autorickshaws and e-rickshaws need GPS or GPRS system,” the court observed.

The court also issued notice to the Centre, AAP government and Delhi Integrated Multi-Modal Transit System (DIMTS) Limited and sought their stand on the plea by the next date of hearing.

The trade union, represented by advocate Barun Kumar Sinha, told the court that while a 2010 notification of the Delhi government makes it mandatory for them to have GPS or GPRS, the central government notification of 2016 exempts them from the requirement.

Taking note of the submission, the court asked central government standing counsel Anurag Ahluwalia to take instructions on whether the Centre’s notification would come in the way of the one by the Delhi government.

While asking for the clarification from the Centre, the court said if its policy will occupy the field then the same will have to be examined.

Ahluwalia told the court that the Delhi government will have to say whether it will follow the central government notification, which will come into effect from April 1 this year.

The court, thereafter, asked the Delhi government whether its notification continues to remain in operation subsequent to the Centre’s scheme.

Apart from seeking exemption from installing GPS or GPRS system in their vehicles, the autorickshaw trade union has as an alternative sought regulating of the mechanism.

It has claimed that despite charging the autorickshaws for setting up a GPS control centre, the Delhi government has not yet set up any such system.

Wazirabad bridge traffic woes: Delhi HC pulls up Delhi govt

Wazirabad bridge traffic woes: Delhi HC pulls up Delhi govt
Wazirabad bridge traffic woes: Delhi HC pulls up Delhi govt

The Delhi High Court has pulled up the AAP government for not taking any steps to ease the massive traffic congestion on the single-lane Wazirabad bridge, which is used for commuting between north and northeast area of the city.

It asked the Delhi chief secretary to ensure that the authorities examine the problem of commuters and look into the proposal for construction of a bridge.

“It appears that despite the gravity of the situation and extreme difficulty to commuters, the Delhi government and its Public Works Department have not moved to undertake planning for providing facilities to commuters,” a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said.

The court said it was not open to pass directions on bridges and roads, etc, and that it was purely under the authorities concerned.

It was hearing a petition by an advocate seeking construction of a bridge or extension of the existing bridge at Wazirabad barrage, saying that lakhs of commuters are affected by it and it results in gross denial of ‘right to live with dignity’ to the citizens.

The court disposed of the petition saying that the decision taken shall be communicated to the petitioner advocate in four weeks and action taken thereafter.

The petition filed by advocate A Rasheed Qureshi had sought direction to the government to construct one or more bridges upstream to ease the traffic from Bhajanpura, Khajuri Khas, Sonia Vihar and other parts of north and north east Delhi.

It claimed that the single-lane bridge over river Yamuna is insufficient as lakhs of commuters are crossing it daily and it causes extreme inconvenience to them.

( Source – PTI )

Submit report on hotels at Mahipalpur: NGT to Delhi govt

Submit report on hotels at Mahipalpur: NGT to Delhi govt
Submit report on hotels at Mahipalpur: NGT to Delhi govt

The National Green Tribunal has directed the AAP government and the Delhi Pollution Control Committee (DPCC) to submit a report on hotels operating at Mahipalpur near the IGI airport here.

A bench headed by NGT chairperson Justice Swatanter Kumar issued notices to the city government, the DPCC, hotel Jindal Palace and others while seeking their reply in two weeks.

“Issue notice to the respondents. The NCT of Delhi and DPCC shall submit a report of the hotels that are operating in Mahipalpur before the next date of hearing,” the bench said while posting the matter for hearing on December 14.

The direction came on a plea filed by Bijwasan MLA Colonel (retd) Devinder Sehrawat seeking action against hotels operating without requisite permission and causing environmental pollution in Mahilpalpur area here.

The plea, filed through advocate Rakesh Kumar Yadav, claimed that the MLA received a complaint from a resident welfare association about hotels which were operating in an illegal manner without obtaining due licenses and no objection certificate from the authorities.

According to the plea, there were several lapses in these hotels which were allegedly withdrawing water through borewells and they lacked permission from the Central Ground Water Authority.

“Most of the hotels are operating illegally without obtaining proper licences. Due to the commercial activity, the residents are facing health hazards due to the air and water pollution caused by them as food and solid waste is being discharged in sewage line resulting in blockage,” the plea said.

( Source – PTI )

Delhi HC seeks Delhi govt reply on plea challenging prof appointment

Delhi HC seeks Delhi govt reply on plea challenging prof appointment
Delhi HC seeks Delhi govt reply on plea challenging prof appointment

The Delhi High Court has sought response of the Delhi government on a plea seeking removal of a senior official of a heritage institute on the ground that his appointment was allegedly illegal.

A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar issued notice to the official, against whom the allegations were made, the Delhi government and the Delhi Institute of Heritage and Research Management, and listed the matter for further hearing on February 9.

The plea filed by Vivek Kumar Srivastava, who claimed to be a social worker, alleged that the official had faced allegations of sexual harassment and there were several occasions when he had misbehaved with female students.

The plea, filed through advocate Samrendra Kumar, claimed that the official was suspended due to allegations of sexual harassment and he was reinstated with full wages in 2010 by the lieutenant governor who quashed the disciplinary proceedings against him.

It sought to declare the official’s appointment as void ab initio and a direction to the institute to recover all the monetary benefits he was given.

( Source – PTI )

Delhi Govt pulled up for not appointing regular teachers

Delhi Govt pulled up for not appointing regular teachers
Delhi Govt pulled up for not appointing regular teachers

The Delhi High Court today rapped the AAP Government for not following its directions on appointing regular teachers in its schools.

“Enough is enough, nothing has been done since 2011… As appointment of guest teachers is in fashion, so you (government) are also following it,” Justice A K Chawla said.

The court said its direction for appointment of regular teachers has been “frustrated” and the rush was only to recruit guest teachers.

The judge said the court’s directions are not to be taken “lightly” and asked the Delhi government to begin the process of appointing regular teachers soon.

The court said its earlier orders were not being implemented and the government’s “only concern was that contract teachers are to be appointed in the form of guest teachers”.

Delhi government standing counsel Ramesh Singh said it was a policy decision which has to be taken by the Lieutenant Governor before whom the issue whether to give extra weightage to guest teachers was pending.

It was up to the LG whether he can consider the request of the government or take a different view, he said, adding that the experience of guest teachers should not wasted that is why weightage was being given.

The court said it was due to the weightage criteria that everything has been put on hold. “The entire process has been held up due to the weightage criteria. Something needs to be done on this,” it said.

The court then asked the government’s counsel how much time will the LG take for a decision and asked him to inform about it on November 22. It also asked Singh to bring an office file relating to the appointment of teachers.

The Delhi government had recently informed the court that there was a shortage of over 27,000 regular teachers in government schools here while the present sanctioned regular posts of teachers was 66,736.

The court was hearing DoE’s plea to vacate the September 27 stay on the process of appointing guest teachers and promoting those appointed since 2010 in government schools so that it could fill nearly 9,000 vacancies. It had said its interim order of stay will continue.

The government had said the stay was causing problem to students who were suffering due to shortage of teachers.

The AAP government has filed the application in a pending contempt plea filed by NGO Social Jurist, represented through advocate Ashok Agarwal, seeking a stay on the order of the Delhi Subordinate Services Selection Board (DSSSB) withdrawing a notice on appointment of 8,914 school teachers.

The court had stayed the appointment process after it was informed that the authorities have not complied with the high court’s 2001 order.

The court was also informed that a bill was recently passed in the Delhi Legislative Assembly to regularise all guest teachers appointed since 2010.

The NGO’s plea said after a high court order of April 11, the DSSSB issued vacancy notice on August 7 inviting applications from candidates for 8,914 teaching posts in the DoE of the Delhi government and for 5,906 teaching posts in the three municipal corporation schools here.

It alleged that the DSSSB, without informing or seeking permission from the court, had on August 24 “abruptly withdrawn the advertisement” regarding these vacancies.

( Source – PTI )

DDA’s record in securing its lands appalling: Delhi HC

DDA's record in securing its lands appalling: Delhi HC
DDA’s record in securing its lands appalling: Delhi HC

Terming the record of the DDA in securing lands acquired by it “appalling”, the Delhi High Court has directed creation of a unit for evolving land management policies and clear encroachments on public land.

The direction was issued to the Delhi Development Authority (DDA), the Delhi government and the Centre by a bench of Justices S Ravindra Bhat and S P Garg, which said the team or cell should be given statutory status and be manned by high ranking officers.

The court said the Centre shall consider the feasibility of creating such a body with its personnel.

“This unit or cell, in the opinion of the court, should continuously monitor the land management policies of DDA and ensure that wherever needed, court orders are implemented and also oversee all other relevant aspects,” the bench said.

The directions by the court came while disposing of a 12 -year-old PIL that the DDA was unable to secure its land in Delhi and that a large extent of up to 42,000 acres was either encroached or not taken possession of.

The bench said that “the long, 12-year saga of this case has revealed that DDA’s record in securing lands acquired by it and in taking over possession as well as in ensuring them to be encroachment free, has been appalling”.

It said there was never any clarity about the total extent of land acquired by the authority and what was indeed in its possession.

“Even as on date, precise details are not forthcoming, readily,” the bench noted.

It said that acquisition proceedings are undertaken at considerable public expense and cost with a view of executing a planned public project, but before the project can start the acquired land is encroached upon.

As a result, the DDA or the agency concerned was “unable to execute the project in a timely manner” and in some cases it “cannot progress and is impeded to a great extent”, the bench said.

( Source – PTI )

Delhi Court directs govt to extradite Uzbek woman

Delhi Court directs govt to extradite Uzbek woman
Delhi Court directs govt to extradite Uzbek woman

A special Delhi court has directed the extradition of an Uzbek fugitive to her homeland to face proceedings in a case of human trafficking there.

Additional Chief Metropolitan Magistrate Gurmohina Kaur, who presides over the Special Extradition Court of India, directed the Centre to send Khakimova Lola Farmonova back to Uzbekistan, noting that the extradition request was received from the requesting country.

Farmonova was detained at the Goa airport on August 9 on a request of provisional detention by Uzbekistan.

“The prescribed procedure has been followed in as much as the extradition request has been submitted through diplomatic channel, along with documents including the duly authenticated and endorsed court decision containing direction of arrest and required information as per the Extradition Act and concerned extradition treaty,” the court said.

The order of the Uzbek court containing directions for the arrest of Farmonova was submitted by advocate N K Matta on behalf of the external affairs ministry.

“In view of the above report, I hereby recommend to Union of India the extradition of the fugitive criminal for the offence of human trafficking…,” the Delhi court said.

The court had in September denied her bail on the ground that the charges against her were serious.

Farmonova had earlier told the court that she was falsely implicated and there was no criminal record against her.

She had claimed that her husband was an Indian national and she would abide by all the conditions imposed by the court.

Farmonova was on her way to Dubai via Muscat by an Oman Airlines flight when the immigration officials stopped her as there was a look out circular and a red corner notice against her. She was then handed over to Goa Police.

The woman, who was living in Mumbai, had come to Goa to board the international flight, the police had said.

( Source – PTI )

Discourage roadside parking: NGT to authorities

Discourage roadside parking: NGT to authorities
Discourage roadside parking: NGT to authorities

The National Green Tribunal has directed the Delhi government and the municipal corporations to ensure availability of appropriate parking facilities for cars and discourage road-side parking.

A bench headed by NGT Chairperson Justice Swatanter Kumar slammed authorities for not complying with its earlier orders to decongest traffic and asked them to take steps in a holistic manner.

Why have you not created appropriate parking place for cars? You people are responsible for creating mess on roads by creating two-three lanes of parking. Why don t you cancel the agreement with contractors who abuse their terms. These parking people become officers and traffic police just watch them, the bench said.

The green panel said that if new cars are being allowed to registered then they must be given proper parking spaces.

For instance, the multiple parking at Sarojni Nagar remains empty which is undisputed fact and all the vehicles are permitted to be parked on roads where some contractors collect money and add to congestion of traffic.

All the Government Authorities, Corporations and NDMC should take immediate and effective steps to rectify these discrepancies and ensure better co-ordination between the Corporations, Government, Police, Departments and contractors who are engaged for parking purposes, the bench added.

It also directed the AAP government and the traffic police to challan and seize 10-year-old diesel vehicles and 15-year-old petrol vehicles to curb air pollution in the city.

The counsel appearing for NCT Delhi has informed that the site has already been provided for keeping the vehicles which are impounded/seized by the Police being 10 years old vehicles in the case of diesel and 15 years old in the case of petrol.

We direct the Commissioner of Police, Delhi to ensure that vehicles which are violating the above directions of the Tribunal should be seized and compliance report be submitted to the Tribunal on the next date of hearing, the bench said.

( Source – PTI )