Anonymous
18 March 2011 at 12:18
TO WHOM WE HAVE TO APPROACH FOR THE BELOW MATTER
Re; To implement Judgment given by Gujarat High Court on wet land / water bodies Ahmedabad & All Gujarat Ponds & Talavadis to clear slums & encroachment on it and to convert all Talavadi in water pond for water harvesting, water reserve - Not to use for other purpose. This Refers contempt of court by AMC to Lakhudi Talavadi Site High Rise Towers Project situated on road junction of Near Stadium Petrol Pumps / Golden Triangle road coming from Sardar Patel Cricket Stadium Circle, St.Xavier’s Loyola School Road, Naranpura Road, Road coming from stadium circle from Golden Triangle. The sketch attached to see the location.
Lakhudi Talav land area may be approximate: 25000 sq. mtr or more Present Land Cost Rs.1, 20,000/-per sq. mtr for such prime location. Market Value of this land property app. 300 crores.
Judgment Copy attached. Against PIL HC gave judgment on 02-08-2002
By Gujarat High Court Bench comprising of Justice R K Abhichandani who took place of Justice B C Patel & Justice D A Mehta
This verdict ordered the Govt. to
1. Notify all lakes & ponds within the states to preserve them as it is
2. To remove encroachments and facilitate rehabilitation as per the existing norms & other order
We are residents of the above area. Since many years on Lakhudi Talavadi property owned by AMC there is slum hutments. As per Judgment given by HC, the judgment copy attached herewith and also it is heard that the same judgment is approved & held by SC. Referred to as to save Urban Wetlands / Water bodies many judgments available of SC. Published by Centre For Science & Environment, New Delhi.
Reference to this judgment Chandola Talav, Naroda Talavadi, Vastrapur Talav, Malav Talav , Ghodasar Talav all these has been developed by water pond & gardens since long back . While Lakhudi Talavadi still there is slum dwellers. No move from AMC to implement HC judgment after this judgment. Instead AMC going for High Rise Towers Project on this site.
Surprisingly, recently few days’ back Hoardings are put on this Lakhudi Slum Site: Developer M A Corporation Project Name ‘AVAS’ / ‘NIVAS’ of High Rise Towers by some Builder Party. Here definitely, it is hand in globes of AMC for voting / political gain or other vested interest with builders / land grabbers whatsoever .When all Talavadis are developing according to HC / SC judgment why such High Rise Buildings Towers Project is approved and to be carried out by AMC ? This is big question & surprise to the residents of this locality.
We are not legal professional persons; we request your goodselves to look in to the matter immediately. We smell rat in this. Yourselves already aware that land grabbing / selling of Govt. property by throw away prices to builders is rampant. Adarsh Mumbai & other land scams already have surfaced recently. Questions arise how & why AMC authorities allowed Towers multi storey on this Lakhudi site?
When there is clear HC / SC order as mentioned above accordingly to develop Lakhudi as Talav and to remove encroachment on this site.
It seems, it is clear Contempt of Court by AMC as how such Big Buildings High Rise Towers Project approved & consented by AMC on Lakhudi Site on such a big land overlooking & ignoring SC / HC Judgment? It is not a small matter & issue. This dubious activity for this project must be going on since long time to go for such illegal project on Lakhudi ignoring judgment.
We once again request to immediately take up this matter legally whatever possible way and to find out about this development & status on Lakhudi Talav Property. Your goodselves have vide powers and if you wish you can HC can file PIL for this or can go for contempt of court.
We believe Consent of such High Rise Tower Project by AMC is illegal & leads to contempt of court. It seems malafied vested interest involved in this Tower Project .AMC should go for water pond & garden as per law & HC judgment removing encroachment on site.
Please look in to matter and request your immediate legal action & investigation to find out facts & status of Lakhudi to enforce the HC & SC judgments for Lakhudi Talav Property accordingly. Please pardon us if the language / matter not presented in proper legal format.
Recently HC has called concern parties of Dhandhuka Town Ahmedabad District against PIL, the parties have built buildings on Talav which was illegal & lead to contempt of court. News Paper report / cutting attached here with.
Also in Andhra Pradesh the construction of 2500 MW power plant construction work has been stopped as the power plant site is wet land / water bodies. Ministry of forest & environment has stopped the construction.
Request for urgent legal action, and to order AMC for immediate removal of encroachment on Lakhudi site and to implement preservation of wet land by making it Pond & garden. For your kind information, hutments dwellers on Lakhudi have been allotted slums quarters long back by AMC to other locations but no body has shifted there instead they have sold of or given on rental.
YOUR ADVISE APPRECIATED
Anonymous
16 March 2011 at 13:45
Dear Experts,
In Strict Scrutiny the government has the burden of proving that its challenged law/policy is Constitutional. To withstand strict scrutiny, the government must show that its law/policy is necessary to achieve a compelling state interest. If this is proved, the state must then demonstrate that the legislation is narrowly tailored to achieve the intended result.
1)Like in USA is Strict Scrutiny standard followed in Judicial Review of Laws/Policies by Courts in India? If not what standard is followed in Judicial Review by Indian courts?
2)If Strict Scrutiny is not followed by Indian courts, can a lawyer request the court to follow the principle of strict scrutiny for Judicial Review in his case, like case involves Fundamental Rights under Part III of Constitution?
Anupam Anand
14 March 2011 at 00:39
I need openion on mercy killing regarding my coll practicals..
Anonymous
13 March 2011 at 16:56
Section 2 (c) (ii) Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding , or
(iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.
(a) "High Court" means the High Court for a State or a Union territory and includes the court of the Judicial Commissioner in any Union territory.
Query : What is the difference between judicial proceeding & administration of justice because i known the meaning of judicial proceeding but what about administration of justice because both are differently quotaed in resepctive clause (ii) & (iii) because if the proceedings in any court are if known as a judicial proceedings than what about the "administration of justice".
Clause (a) Also what is the meaning of (includes the court of the Judicial Commissioner in any Union territory.) because as section 19(1)(b) it has been said that
where the order or decision is that of the Court of the Judicial Commissioner in any Union territory, such appeal shall lie to the Supreme Court.
So which court is said to be Judicial Commissioner to make a directly appeal to SC.
The Above Query with the APEX Court CASE LAWS if possible with the help of a exmple if possible PLS.
Thanks
God Bless.
pratik
13 March 2011 at 16:45
Section 1
Comments
(ii) Proceedings of contempt are summary in nature and also are sui generis; Golcha Advertising Agency v. The State of Maharashtra, (1990) 2 Bom CR 262 (Bom).
Query : What do u mean by summary in nature & sui generis ? with the help of a example(S).
Section 2 (b) "Civil contempt" means willful disobedience to any judgement, decree, direction, order, writ or other process of a court or willful breach of an undertaking given to a court.
Query : So can we say that oath take before the court or any magistrate whether in the courtroom were proceedings are going on & if the person who has take the oath as per the act act are also follows under the same context which is (undertaking given to a court) because there is no defination of "undertaking" ? Also can we say that while giving the oral evidence & standing in the witness box & take the oath that what will be said by me will be true & nothing other else while keeping the hand on the gita. & if if says wrong than he/she is laible for (willful breach of an undertaking given to a court) ?
Any APEX COURT Judgement OR correct me if i am wrong.
Thnaks In Advance.
God Bless U All.
Anonymous
11 March 2011 at 14:11
I md ahmed ali HAD A BC-E cast certificate and i want to apply for the OBC- CERTIFICATE ,so how could i can apply for that and is there any GOVERNMENT ORDER.
PLS REPLY AS SOON AS POSSIBLE.
THANKING YOU,
YOUR'S SINCERELLY,
MD AHMED ALI.
Anonymous
08 March 2011 at 01:20
Please refer: http://www.lawyersclubindia.com/forum/Kin-of-captive-sailors-will-beg-masses-for-money-2-free-them-33154.asp
People form a country and live in a country and form Government so that it will stand by them in need. Is there any legal scope for these suffering people to file a writ in High Court to make the government do something meaningful to save the hostages?
Anonymous
06 March 2011 at 17:18
what is anticipatory bail??
How i apply to get it in court??
what is the procedure??
Is any (which) problem(genreal) faces to get it ?
Actualy i want it because one person try to hurt me by parcha bayan (24no) submit in police station and SHO ask me to compromise, but i m not ready.
So how i avoid to arrest.
Plz sugest
Thanks
Sarika
05 March 2011 at 12:23
The Pre-conception & Prenatal Diagnostic Techniques (Prohibition of Sex SElection ) Act, 1994, SS.2, 3A, 4(5) and 6 are challenged as violation of fundamental rights under articles 14, 21 by MR. & Mrs. Mehta. The case is before Mumbai high Court. Argue the Matter
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regarding letter of administration
Dear sir
M y mother had been issued the letter of aministration for the property worth of one crore
the querry is
1, any asset if sold within three years are bound to have in come tax or mere title change is supposed to be Gift. if mu mother is thinking of distributing it to their childrens say 4 + to the two daughters of his brother what will be the procedure
2, if she pays tax like high capital tax gain or low capital tax gain and distributes to the children and brothers daughter whether the receiver has to pay further tax or will it be treated as gift
3, what is the maximum limit above which the gift tax has to be paid
regards
R_PVK