Enemy property must go to govt, says SC

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THE TIMES OF INDIA, FEBRUARY 7, 2017 Vishwa.Mohan @timesgroup.com New Delhi: Industrial pro- jects in the “non-polluting” category will not have to ob- tain the “consent” certificate under the air and water pollu- tion control laws, a move in- tended to reduce clearances and quicken rollout of pro- jects. The decision, likely to attract criticism for diluting green norms, looks to simpli- fy procedures to fast-track re- al estate projects as well. In building, construction, area development and township projects, proponents will not be required to obtain manda- tory ‘consent’ if they have ‘environment clearance’. The Central Pollution Control Board (CPCB) has asked state pollution watch- dogs to spare such proposed units or establishments from ‘consent’ under existing Air and Water (Prevention and Control of pollution) Acts. Though the move will cut procedural delays as part of the Centre’s attempt to spur growth through improved ‘ease of doing business’, the order covering real estate projects may well be chal- lenged in court. Similar cases are pending in the Na- tional Green Tribunal (NGT) since early last month. According to the CPCB or- der, issued on February 2, non-polluting industries (white category) will not be required to obtain ‘consent to establish’ certificate from re- spective state pollution con- trol boards (SPCBs) whereas the less polluting ones (green category) will automatically be issued ‘consent’ if they in- form the Board in advance the expected date of start-up of their commercial production. Govt eases rules for clearance of non-polluting industrial projects DEVELOPMENT IN FAST TRACK CPCB modifies mechanism for the grant of consent to various categories of industries and construction projects under Water (Prevention and Control of Pollution) Act and Air (Prevention and Control of Pollution) Act WHAT DOES THIS MEAN? 1 No need to obtain consent for ‘white’ category of industries (White category of industries pertains to those industries which are practically non-polluting) 2 Consent can automatically be issued to ‘green’ category of industries if they submit an undertaking on expected date of start of production (Green category of industries are less polluting) 3 No need to obtain ‘consent to establish’ for building/ construction, area development and township projects if they get ‘environment clearance’ 4 All other projects, requiring ‘environment clearance’ either from state authority or from ministry of environment, will be exempted from obtaining ‘consent to establish’

Transcript of Enemy property must go to govt, says SC

Page 1: Enemy property must go to govt, says SC

New Delhi: The foreign af-fairs department of BJP hascomplimented the govern-ment for resolving the conten-tious issue of admissions ofPIO/OCI students in medicaland dental colleges.

“In the past this issue wascausing lot of heartburnamong NRIs/PIOs who... in-spite of having PIO/OCI cardswere unable to appear formedical entrance exams,”said Dr Vijay Chauthaiwale,in-charge of the foreign af-fairs department.

The government, througha recent notification, hasmade it clear that NRIs/OCIsand PIOs are eligible to appearin NEET, the test for admis-sion to medical colleges. TNN

Med admissions:BJP praises move

to help NRIs

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Chandigarh: A 16-year-oldstudent of a residential girls’school in Karnal hanged her-self to death on Friday. Shewas allegedly under pres-sure from two sisters study-ing in the same institute for alesbian relationship. The ac-cused siblings have beenbooked under section 306 forabetting the suicide.

Police said the victimkilled herself in the hostelroom, which she used toshare with her elder sister, asecond year BA student ofthe same institute. The ac-cused sisters are also stu-dents of class 11 and BA sec-ond year. Assistant sub-in-spector, Balla police, Lakh-bir Singh said, “The victim’ssister claimed in her state-ment that the girl was ha-rassed by the two sisters forhaving a homosexual rela-tionship with them.” Thevictim’s family alleged thatthey had informed the man-agement about the harass-ment. The school author-ities, however, denied it.

Under pressurefor lesbian affair,

girl kills self

Varanasi: The head teach-er of a girl’s junior highschool in Uttar Pradesh’sSonbhdara district was sus-pended on Monday for al-legedly stripping somegirl students and paradingthem in the school com-pound. According to sourc-es, the teacher stripped a group of class VIII stu-dents and paraded them on school campus for twohours on Saturday. Theteacher also filmed themwith a mobile phone.

Parents of the girls laterreported the incident to thedistrict magistrate and re-quested him to take appropri-ate action. Sonbhadra DMChandra Bhushan Singh toldTOI that the teacher hasbeen suspended with imme-diate effect and departmen-tal investigation has beeninitiated. “The general man-ager of Anpara ThermalPower Project, which runsthe school, has also beenasked to take appropriate ac-tion,” the DM said. TNN

UP teacherstrips, paradesgirls in school

I, Bhupendra Kumar S/o Darogi Singh Thakur R/o C-12/8 Dayalpur, KarawalNagar, Delhi-94 have changedmy name to Bhupender Thakur for all purposes.

I, Hemant Kumar Singh, havelost my original qualifyingexamination certificate ofMain Secondary Year 1990,Roll No. 703894 issued byCBSE Mob: 9953766210

THE TIMES OF INDIA, FEBRUARY 7, 2017

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New Delhi: The SupremeCourt on Monday said enemyproperty should not get trans-ferred to the descendants ofthe erstwhile owners andmust go to the government.

“We are of the view thatenemy property should notget transferred to the de-scendants of the erstwhileowners. It must go to the gov-ernment. We are very clearabout it,” a bench of ChiefJustice J S Khehar and Jus-tice N V Ramana said.

The court refused to en-tertain Congress Rajya Sab-ha MP Husain Dalwai’s writpetition challenging the val-idity of the Centre’s decisionto re-promulgate the enemyproperty ordinance for thefifth time, terming it a viola-tion of a recent constitutionbench decision.

“This is a very sensitive is-sue for the security of the na-tion. We have perused the con-stitution bench judgment.There cannot be a hard andfast rule. You are an MP. Youget the debate started in Parlia-ment. Everyone’s right shouldbe protected but you must alsobe sensitive towards national

security,” the bench added.Senior advocate Anand

Grover continued to pleadthat re-promulgation of theenemy property ordinancewas contrary to the law laiddown by the SC but the benchwas unmoved.

Finding it difficult to con-vince the bench, Grover with-drew the petition. The EnemyProperty (Amendment andValidation) Ordinance, 2016was promulgated by the Presi-dent on January 7, 2016 toamend the Enemy PropertyAct, 1968 and the Public Prem-ises (Eviction of Unauthor-ised Occupants) Act, 1971. Abill on the same lines waspassed in Lok Sabha on March9, 2016. The next day, it was laidbefore Rajya Sabha, which re-ferred it to a select committeeon March 15. A day later, Parlia-ment was adjourned.

The ordinance was re-promulgated on April 2 lastyear. Parliament met againbut no legislative action wastaken. It was re-promulgatedfor the third time on May 31,2016. The process continuedand it was re-promulgatedfor the fifth time on Decem-ber 22 last year and the gov-ernment did not even care tospecify what the grave urgen-cy was for re-promulgatingthe ordinance.

The petitioner had citedthe January 2 judgment inKrishna Kumar Singh case bya constitution bench of theSC, which ruled, “Re-promul-gation of ordinances is consti-tutionally impermissiblesince it represents an effort tooverreach the legislative bodywhich is the primary source oflaw making authority in a par-liamentary democracy.”

Enemy property must go to govt, says SC

[email protected]

New Delhi: Failure to spellout its stand on the sensitiveissue of “who is a minority”in Muslim-majority Jammu& Kashmir has cost theUnion government Rs 45,000.

The Supreme Court no-ticed on Monday that the Cen-tre was asked to deposit Rs15,000 in December for not fil-ing its response to a PIL filedby Ankur Sharma allegingthat the J&K government hadbeen doling out hundreds ofcrores of rupees, meant forminority communities in thestate, to Muslims who formedthe majority community inJ&K. The PIL had alleged thatthe state had not yet identifiedthe minority communities.

A bench of Chief Justice JS Khehar and Justice N V Ra-mana took strong exceptionwhen additional solicitor gen-eral Tushar Mehta sought sixweeks time saying the affida-vit was almost ready for filingand that it was being scruti-nised at the highest level.

Govt fined ̀̀ 45kfor not filing

affidavit on J&K Dhananjay.Mahapatra

@timesgroup.com

New Delhi: The SupremeCourt directed the Union gov-ernment on Monday to regis-ter identity details of all 105crore mobile phone users bylinking their SIM cards to theirAadhaar number.

While giving this directionto the Centre, a bench of ChiefJustice J S Khehar and JusticeN V Ramana commended ad-vocate Ashok Dhamija for fil-ing the PIL on behalf of NGO‘Lokniti Foundation’ seeking100% verification of cell phonesubscribers with regard totheir identity and address bylinking their phone numbersto their Aadhaar cards.

Attorney general MukulRohatgi said the Union gov-ernment was agreeable to theidea. “But the task is giganticas more than 90% of the 105crore subscribers are usingprepaid SIM cards. These SIMcards get recharged at road-side kiosks, making it difficultto register them,” he added.

The bench said, “The gov-

ernment has to devise a meth-od. The person who comes forrecharge of the phone shouldbe given a form to give his de-tails including Aadhaar num-ber. He should submit the filledform the next time he goes forrecharge. You can give himmore time. May be three or fourrecharges before he furnishesthe details. But make it manda-tory that he must furnish de-tails or else there would be norecharge of prepaid SIMs.”

The AG said, “Taking coer-cive measures immediatelycould be difficult. After demon-etisation,cell phones are usedfor several activities. How longit would take to register eachand every cell phone user is dif-ficult to estimate.” The benchwould have none of it and toldthe AG that the governmentmay take one year to completethe task but it has to do it.When the AG said the govern-ment would put in place an ef-fective mechanism to registerdetails of all subscribers, thebench disposed of the petitionsaying it would be done not lat-er than one year.

Link SIMs to users’Aadhaar IDs: Court

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New Delhi: In a blow to Air In-dia, 24 co-pilots of its “turn-around vehicle” — the Boeing787 Dreamliner — sought noobjection certificate (NOC) toquit the airline over allegedlack of career progression onMonday. AI had ordered 27Dreamliners in 2005 and has sofar got 23 of these fuel-efficientplanes which are now its work-horses. The airline has about300 pilots for these planes.

The 24 pilots who havesought NOC had joined erst-while Indian Airlines in 2007-08and used to fly the AirbusA-320s. In 2012 when AI was get-ting ready to receive theDreamliners, they were put ontraining to fly this plane. Theirgrouse emerges from the factthat people who joined the air-line after them as co-pilots arebecoming commanders on theA-320 while they remain co-pi-lots on the Boeing-787.

24 Dreamlinerpilots seek NOCfrom AI to quit

China said on Monday that ithad not been able to persuadeIndia to allow its strandedsoldier, Wang Qi, to returndespite persistent efforts.Wang, a surveyor with the PLA,was captured in India after hecrossed the border in 1963. Hewas released from jail in 1969and now lives in Maharashtra.

‘Jolly LLB 2’ to be screenedonly after four cuts: TheBombay HC ruled on Mondaythat the Akshay Kumar-starrer‘Jolly LLB 2’ could be screenedonly after four “controversial”shots are removed. A bench ofJustice S S Shinde and JusticeK K Sonawane passed theorder. Advocate Ajay KumarWaghmare had filed a petition,demanding the removal ofcertain shots that he saidportrayed lawyers in bad light.

Indian, foreign studentsclash in Guj univ: Clashesbetween groups of Indian andforeign students in ParulUniversity in Waghodia, Gujarat,after a petty argument left nineyouths injured. Fifteen studentswere arrested on Monday aftercross complaints by the groups.

INDIA DIGEST

China: Bid to getPLA man backfrom India failed

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Dehradun: Many states, itseems, would have their ownparallels with Delhi’s AshaKiran story, damning find-ings which have said 11 in-mates of the home for men-tally ill patients died in thelast two months. The DelhiCommission for Women re-port said that many of the fe-male inmates were seenwalking around naked,cramped in stinking roomswith little ventilation.

In neighbouring Uttrak-hand, the Asha Kiran reportrevived horrors of what hap-pened in Dehradun’s nari ni-ketan last year. Two womeninmates were found dead insuspicious circumstanceswithin a span of two days.There was more to come. Thealleged rape of an inmate andthe recovery of a foetus sus-pected to be hers was foundburied in a jungle on the out-skirts of the city. Shockedcity residents were soon call-ing the women’s home “ahouse of horrors’’

On Januuary 5 last year,

the DNA of the fetus of aspeech and hearing im-paired survivor matchedthat of a man who was asweeper at the shelter home.He was later arrested by aSpecial Investigation Team(SIT) constituted to probethe high-profile case. Withhis arrest, the total numberof people behind bars in thecase went up nine, which in-cluded the former superin-tendent of the shelter home.

Sources said that thewoman had been raped andher abortion carried out in-side the shelter home on No-vember 16 that year. The fetus

inmates are still packed likesardines with 120 women liv-ing in space meant for 50.What’s even more serious isthat 102 mentally ill womenhave been kept with otherswho are not, an issue yet un-addressed by the women’swelfare department.

An official at the sheltersaid, “Adherence to all the di-rections all the time in suchlittle space is challenging. In-mates badly need space. Theongoing winter season is stilleasier for us to handle, it getsbad in summer months whenanxiety levels, anger, every-thing gets multiplied. Follow-ing the diet chart is also notpossible. Of course, the quali-ty of food has seen an im-provement.” An official atthe welfare department Mee-na Bisht said, “We have al-ready bought land for makinga state of art centre for thesementally challenged women.Staff strength to look afterthese women has also goneup.” But 27 other importantpoints mentioned in report af-ter the deaths of last year areyet to see the light of day.

was set on fire and thereafterburied. The issue of sexualexploitation of inmates ofthe nari niketan cropped upafter some videos went vi-ral. On the directions of DMRavinath Raman, a probewas carried out by ADMJharna Kamthan. Takinginto account the serious-ness of the issue, chief min-ister Harish Rawat had thenordered an investigationeven as NGOs said womenwere not only sexuallyabused, but also traffickedfrom the shelter.

Although things im-proved a bit after the furore,

Inmates at Dehradun’s ‘house ofhorror’ recall deaths, abortions

[email protected]

New Delhi: Industrial pro-jects in the “non-polluting”category will not have to ob-tain the “consent” certificateunder the air and water pollu-tion control laws, a move in-tended to reduce clearancesand quicken rollout of pro-jects. The decision, likely toattract criticism for dilutinggreen norms, looks to simpli-fy procedures to fast-track re-al estate projects as well. Inbuilding, construction, areadevelopment and townshipprojects, proponents will notbe required to obtain manda-tory ‘consent’ if they have‘environment clearance’.

The Central PollutionControl Board (CPCB) hasasked state pollution watch-dogs to spare such proposedunits or establishments from‘consent’ under existing Airand Water (Prevention andControl of pollution) Acts.

Though the move will cut

procedural delays as part ofthe Centre’s attempt to spurgrowth through improved‘ease of doing business’, theorder covering real estateprojects may well be chal-lenged in court. Similarcases are pending in the Na-

tional Green Tribunal (NGT)since early last month.

According to the CPCB or-der, issued on February 2,non-polluting industries(white category) will not berequired to obtain ‘consent toestablish’ certificate from re-

spective state pollution con-trol boards (SPCBs) whereasthe less polluting ones (greencategory) will automaticallybe issued ‘consent’ if they in-form the Board in advance theexpected date of start-up oftheir commercial production.

Govt eases rules for clearance ofnon-polluting industrial projects

TIMES NEWS NETWORK

Darlawng (Aizawl): At theheight of prohibition in Mizo-ram, this village on top of a hillin Aizawl district ensuredthat the tipplers stayed in highspirits. With limited optionsfor livelihood, Darlawng vil-lage’s dependence on illegalbrewing of country liquormade it infamous in a statewhere the influential churchbodies favoured prohibition.

It takes over two hours ofbumpy ride from the statecapital, often on shared su-mo taxis, to reach the vil-lage, which is slowly show-ing a transformation, drivenby the Union government’srural livelihood project fornortheastern states.

In 2012, two years prior tothe lifting of complete pro-hibition, the state govern-ment came down heavily onillegal sale of liquor. Thisforced villagers to shift to theless lucrative farming, ani-mal rearing and other pettybusinesses. But they strug-gled due to lack of experi-

ence, entrepreneurial skilland funds. That is when theDevelopment of North East-ern Region (DoNER) minis-try stepped in with its NorthEast Rural Livelihood Project(NERLP), with funds comingfrom the World Bank.

NERLP first set up a minorirrigation project in Dar-

help groups (SHGs) of 10 wom-en each were formed in the vil-lage. With financial help fromNERLP, the SHG membersstarted farming or rearingpoultry, pigs and fish. An SHGis given Rs 1,00,000 in three in-stalments over one year.

“Our focus is on trainingand capacity building of SHGmembers and we monitortheir progress regularly… Wedon’t want to give them fish,our aim is to teach them howto fish,” Reuben said. “Thereare now many individual suc-cess stories in Darlawng vil-lage, which was once lookeddown for its involvement in il-legal liquor production.”

(The writer was in Mizo-ram at the invitation of theDONER ministry)

lawng, with water drawn fromnearby streams. “This made ahuge difference to the villag-ers, as farm yield rose and thearea under cultivation in-creased from 20 hectares toover 36 hectares,” ReubenRanglong, the district projectmanager, said. “Around 130 ofthe 160 families in the villageare now engaged in agricul-ture and allied activitieswhereas, earlier, only around70 families were into it.”

This project increased theproduction of vegetables, or-anges, bananas and ginger inthe village. “In addition, aroad to help the agriculturalwork was constructed by thecommunity under MGNRE-GA,” Reuben said.Apart fromthe irrigation project, 11 self-

Mizo village moves from arrack to agriculture

DEVELOPMENTIN FAST TRACKCPCB modifies mechanism for the grant of consent to various categories of industries and construction projects under Water(Prevention and Control of Pollution) Act and Air (Prevention and Control of Pollution) Act

WHAT DOES THIS MEAN?

1No need to obtain consent

for ‘white’ category of industries (White category of industries pertains to those industries which are practically non-polluting)

2Consent can automatically be

issued to ‘green’ category of industries if they submit an undertaking on expected date of start of production (Green category of industries are less polluting)

3No need to obtain ‘consent

to establish’ for building/construction,area development and township projects if they get ‘environment clearance’

4All other projects, requiring

‘environment clearance’ either from state authority or from ministry of environment, will be exempted from obtaining ‘consent to establish’

Self-help group members and coordinators at Darlawng village

Refusing to entertain Cong MP HusainDalwai’s challenge to re-promulgationof the enemy property ordinance, SC said it was a very sensitive issue.Everyone’s right should be protectedbut one must also be sensitive towards national security

‘No Transfer To Erstwhile Owners’ Descendants’

Deputy Delhi CM Manish Sisodia was shown black flags during hisvisit to Asha Kiran, a home for the mentally challenged, on Monday.Reports of the Asha Kiran episode have revived horrors of whathappened in Dehradun’s nari niketan last year

PTI

Dehradun: A ward boy at aprivate hospital in Roorkee al-legedly broke one of the legsof a three-day-old infant as hewas annoyed with the babycrying incessantly.

The infant was born on Ja-nuary 25 and was admitted ata private children’s hospitalin Roorkee due to some respi-ratory problems, according toa complaint lodged by thechild’s father with the police.

It said the ward boy was soirritated by the incessant cry-ing of the child that in theearly hours of January 28 hebroke one of the baby’s legswhen he was alone in theward to keep guard.

But the ward boy’s act ofcruelty was not immediatelyknown. It came to light onlyafter the child was referred toa hospital in Dehradun,where the doctors detected afracture in one of the legs, he

said. A purported CCTV foot-age of the incident was alsobeing shown on some of thenews channels.

The baby’s father said acomplaint had been lodgedwith the police which has as-sured it will take action.When contacted, HaridwarSSP K V Krishnakumar saidan inquiry is being conductedinto the incident. PTI

‘Irked’ by cries, wardboy breaks baby’s leg3-Day-Old Had Respiratory Problem

The Roorkee wardboy’s cruelty wasnot immediatelydetected. It came tolight only after thechild was referredto a hospital inDehradun, wherethe doctorsdetected a fracturein one of the legs