Legopolis

The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating  to severe water scarcity in Karnataka’s major cities like Bengaluru, Mangaluru and Shivamogga. The Petition is registered suo-moto on the basis of the news item dated 06.04.2024. As per the article, relying entirely on monsoon rains to replenish water reserves has become increasingly precarious due to dwindling and erratic rainfall patterns. Shivamogga, even though benefitted by a natural drainage system, is also facing looming water scarcity.  The news item further alleges that Shivamogga’s rapid urbanization, industrial growth and real estate expansion, exacerbates water consumption. Coupled with inauguration of the airport and the district’s emergence as a healthcare and education tourism hub, the development has come at a cost, with Tunga river witnessing reduced water output during failed monsoons in 2023.  The news item alleges that encroachments on vital water bodies along natio...

The Supreme Court on Friday dismissed on merits a petition that sought directions for re-polling and re-counting of votes in certain booths of Munger in Bihar on grounds of booth capturing and rigging of elections. The Bench of Justice Satish Chandra Sharma and Justice Prasanna B Varale told the petitioners that the High Courts were not closed in this country. They should argue all this before the High Court. Appearing for the petitioners, Advocate Aljo Joseph tried to persuade the Court, however, the Bench refused to entertain the plea. The top court of the country dismissed the petition as withdrawn, granting liberty to the petitioner to approach the High Court. The petition alleged that the members of the ruling Janata Dal (United), aided by government officials, indulged in booth capturing during elections in Bihar’s Munger constituency. It was further alleged that several representations were made to the authorities, including the observers of the Election Commission of Indi...

The Delhi High Court recently directed the Municipal Corporation of Delhi (MCD) and Delhi Development Authority (DDA) to frame rules and levy charges on encroachers for illegal encroachment of public spaces and land.  A single bench of Justice Rajnish Bhatnagar said that encroachers should be made liable to the extent of illegal encroachment. The court remarked that there should be a clear perception through careful quantification of the charges to be recovered from the encroacher that shall be for the benefit of the public at large.  It added that for ascertaining the charges to be recovered from the encroacher, the land-owning authorities shall take into consideration various factors such as the area of encroached land, period for which the encroached land was illegally used by the encroacher for his own personal gains, the market price or circle rate of the encroached area or as the case may be. Justice Rajnish Bhatnagar maintained that encroachment in public places, es...

The Delhi High Court on Wednesday granted statutory bail to activist Sharjeel Imam in a UAPA and sedition case relating to the alleged inflammatory speeches made by him in Aligarh Muslim University and Jamia area in the national capital against the Citizenship Amendment Act. A division bench of Justice Suresh Kumar Kait and Justice Manoj Jain allowed Imam’s bail plea. The activist had challenged the trial court order denying him statutory bail in the case. He had sought bail on the ground of having undergone one half of the maximum seven years punishment. However, he will remain in jail in the Delhi riots larger conspiracy case involving UAPA charges. Appearing for Imam, Advocate Talib Mustafa contended that Imam has already undergone four years and seven months of incarceration out of the seven years of maximum imprisonment. Opposing the plea, SPP Rajat Nair representing the Delhi Police said that Imam had not undergone half sentence. He added that the case was squarely covered b...

Delhi’s Karkardooma court recently rejected the bail application of former JNU student leader Umar Khalid in the larger conspiracy case linked to the 2020 Delhi riots. He has been in custody since September 2020 in a UAPA case. The student leader had sought regular bail in the case on the grounds of delay and parity with other accused. Special judge Sameer Bajpai on May 13 had reserved the order on his bail application. The Delhi police’s special public prosecutor had opposed the bail plea calling it as frivolous and baseless. Meanwhile, Advocate appearing for Khalid had claimed that no terror allegations were levelled against the accused in the Delhi police’s charge sheet and his name was merely repeated in the document. The counsel also argued that by repeating his name, a lie didn’t become the truth. He had also alleged a vicious media trial against his client. Notably, the Delhi police have accused Umar Khalid of planning protests in 2020 at 23 places, which allegedly led to ri...

The Supreme Court has disposed of the petitions seeking review of its judgment upholding the abrogation of the special status of Jammu and Kashmir under Article 370 of the Constitution. The five-judge Bench of Chief Justice of India DY Chandrachud, Justice Sanjiv Khanna, Justice BR Gavai, Justice Surya Kant and Justice AS Bopanna dismissed the review petitions in chamber noting that there was no apparent error in the judgment delivered on December 11, 2023. The Bench noted after perusig the review petitions that there was no error apparent on the face of the record. It further observed in its May 1 order that there was no case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013. While upholding the Presidential Orders which took away the special status of Jammu and Kashmir, the Apex Court refrained from adjudicating the constitutionality of the J&K Reorganisation Act in view of a statement made by the Solicitor General that the statehood of J&K will be rest...

The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the alleged illegal mining taking place in Bilaspur, Chhattisgarh. The Petition is registered suo-moto on the basis of the news item dated 04.03.2024.  As per the article, the joint team of Mineral, Police, Environment and Revenue Department together took action on 95 cases, which yielded revenue of Rs 26 lakh, while 18 crusher mines in the district were sealed for violating environmental norms.   The above news item indicates to the Bench violation of the Sand Mining Guidelines, 2016 and the provisions of Environment Protection Act, 1986.    The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment. “Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. ...