In a significant ruling on Tuesday, the Supreme Court of India declared that states do not have the authority under the Constitution to take over all privately-owned properties solely to distribute them in the interest of the "common good." This majority decision, delivered by a 7:2 bench, underscores the limited power of the state in taking control of private resources. The nine-judge bench, led by Chief Justice DY Chandrachud, clarified that while states may assert claims over private assets in certain specific cases, they are not empowered to seize all private property at their discretion. Chief Justice Chandrachud, writing for himself and six other judges, overruled an earlier decision by Justice Krishna Iyer, which had allowed for the acquisition of privately-held resources by the state for broader distribution under Article 39(b) of the Constitution, according to PTI. The ruling addresses the complex constitutional question of whether private properties fall within the category of "material resources of the community" under Article 39(b) and can thus be acquired by the state to serve the collective welfare. The court's decision overturned previous judgments that had followed a more socialist interpretation, permitting states to take control of private property for the common good. Justice BV Nagarathna issued a partial dissent on the majority decision, while Justice Sudhanshu Dhulia dissented entirely from the ruling. As the pronouncement of judgments was underway, PTI reported that this landmark ruling is expected to have broad implications on how private properties are treated under Indian constitutional law. This case brings into focus the 1980 Minerva Mills judgement, where the Supreme Court declared two provisions of the 42nd Amendment unconstitutional. These provisions had previously given Directive Principles of State Policy precedence over fundamental rights and had blocked constitutional amendments from being questioned on any grounds. Article 31C of the Constitution provides for laws made under Articles 39(b) and (c), which grant the state the authority to take control of community resources, including private properties, to distribute them in a way that best serves the collective good. The judgment stems from the hearing of 16 petitions, including one by the Property Owners’ Association (POA), a Mumbai-based group that initially filed its case in 1992. The POA’s petition specifically challenges Chapter VIII-A of the Maharashtra Housing and Area Development Authority (MHADA) Act. According to PTI, this particular chapter, added to the MHADA Act in 1986, empowers state authorities to acquire cessed buildings and the land on which they are situated if 70% of the occupants agree to request such a restoration. The MHADA Act was formulated under Article 39(b) of the Constitution, which is part of the Directive Principles of State Policy. This article requires the state to develop policies that secure the distribution of "material resources of the community" in a manner that serves the common good. This Supreme Court decision effectively limits the extent to which the state can control private property for the sake of social distribution, placing a stronger emphasis on the protection of private ownership within the framework of India’s Constitution, according to PTI. (With inputs from PTI)
05 November,2024 12:04 PM IST | New DelhiUnion Minister for Petroleum and Natural Gas, Hardeep Singh Puri, has stated that oil prices in India are expected to remain stable despite rising geopolitical tensions. In a recent social media post, he assured the public that India has multiple options for sourcing crude oil, thereby mitigating concerns over potential supply chain disruptions. Puri highlighted that the country has strategically positioned itself to handle supply challenges effectively, citing the influx of crude oil supplies from nations such as Brazil and Guyana. He remarked, "More supplies from countries such as Brazil and Guyana are coming into the market. Currently, the global supply of oil outpaces the consumption, ensuring a stable market." This assertion underscores his confidence in the stability of the oil market moving forward. Moreover, he noted that despite geopolitical tensions in various regions, there is no global shortage of crude oil. "Consuming countries have several options to choose from," he added. This statement reflects his belief that the current global oil supply exceeds demand, which should contribute to maintaining stable prices in the near future. In discussing India's resilience in energy security during challenging circumstances, Puri praised the leadership of Prime Minister Narendra Modi. He stated that under Modi’s guidance, India has adeptly managed the trilemma of energy availability, affordability, and sustainability. "Even during a perilous time for the world a few years back, India successfully navigated the trilemma of energy availability, affordability, and sustainability under the leadership of PM Narendra Modi," he asserted. Puri also confirmed that Indian oil companies will focus on economic benefits by sourcing crude oil from suppliers offering the most competitive prices. This approach will help ensure that consumers benefit from stable pricing in the market. In addition to addressing energy security, Puri emphasised India’s progressive adoption of Artificial Intelligence (AI) across the energy sector. "Today, we are at the beginning of a new era. Artificial Intelligence is not only a game changer but is already showing the path to where the changes are coming," he remarked. According to Puri, the Prime Minister recognised the significance of AI and the fourth industrial revolution earlier than many global leaders, positioning India as a frontrunner in integrating AI within energy management. He expressed optimism that the use of AI will continue to expand, shaping the future of the energy sector. As the global energy landscape continues to evolve, Puri's comments highlight India's commitment to ensuring energy security and affordability while embracing advanced technology to navigate emerging challenges and opportunities within the energy sector. (With inputs from ANI)
05 November,2024 11:59 AM IST | New DelhiResidents of Uliyana village killed a tiger from Ranthambore Tiger Reserve in retaliation after the big cat purportedly mauled to death a man from the village on November 2. Conservation Biologist Dharmendra Khandal condemned the killing of the 12-year-old tiger T-86 and said that cruelty inflicted on such a "magnificent and revered creature" was "profoundly appalling". Tiger T-86, well known as Chirico, was found dead by the forest department officials on Sunday afternoon. Reportedly, the officials had spotted injury marks on his body which implied that it was attacked with sharp objects and stones which caused its death. Conservation Biologist Khandal, in his social media post, said, "The autopsy uncovered harrowing details: the tiger’s body bore brutal, extensive injuries, with multiple deep axe wounds to the head, some penetrating several inches. Most disturbing was the evidence of a ballistic impact near the face, where singed fur indicated the use of dynamite or powerful firecrackers. This was not simply a defensive act but one driven by revenge and resentment." He further added, "There should be no place in society for this kind of inhumanity toward animals that embody the splendour of nature—beings that many regard as closest to the divine." However, since the attack on the tiger, another concern has come to the fore. Reports have suggested that nearly 25 tigers from the Ranthambore reserve have been missing and that the Chief Wildlife Warden of Rajasthan Forest Department has formed a three-member committee to probe into it. Khandal, who has extensively worked in the landscape, told mid-day that currently there are an estimated 58060 tigers in reserve. The forest department has acknowledged that some tigers have been missing for the past year, he said and added that there are two primary reasons behind their disappearance. "Firstly, territorial disputes often force tigers to wander in search of new territories, and some may be killed in these conflicts. Second, the forest department’s cattle compensation program is not functioning effectively. Delays in providing compensation to livestock owners whose cattle are killed by tigers lead to retaliation killings of the big cats," Khandal told mid-day. Speaking further on these disappearances, he said, "Additionally, the breakdown in community engagement initiatives like the village wildlife volunteers that was undertaken by us was not supported properly in the last five years, partly due to some forest department officials. This has hindered vital cooperation with local communities, which is crucial for the success of wildlife conservation efforts in the region."
05 November,2024 11:51 AM IST | Mumbai | Ranjeet JadhavA tragic incident occurred over the weekend when a 30-year-old woman, identified as Sandhya A S, died after being struck by a luxury car driven by a 20-year-old man who was allegedly under the influence of alcohol, according to police reports on Tuesday. The accused, named Dhanush, was arrested following the incident and has since been placed in judicial custody. The collision took place near the Kengeri Traffic and Transit Management Centre (TTMC) on the busy Mysuru Road on Saturday. Sandhya was crossing the road when she was hit by a Mercedes Benz, which subsequently crashed into a motorcycle. In the immediate aftermath of the accident, Dhanush attempted to flee the scene. However, he was apprehended by bystanders, who reportedly assaulted him in their anger over the situation. Both Sandhya and the motorcyclist, identified as Syed Arbaz, aged 23, were rushed to a nearby hospital. Sadly, Sandhya was declared dead on arrival, while Arbaz received treatment for minor injuries. Authorities conducted an alcometer test on Dhanush, which revealed a blood alcohol content of 177 mg/100 ml, significantly exceeding the legal limit of 30 mg/100 ml. This alarming level of intoxication was noted in the preliminary inquiry by police officials. Dhanush is the son of a private bus company owner, which has drawn additional attention to the case. A police official confirmed that a case has been registered against him under several sections of the Bharatiya Nyaya Sanhita, including 281 for rash driving or riding on a public road, 125 A for endangering the life or personal safety of others, and 105 for culpable homicide not amounting to murder. The incident has raised significant concerns about road safety and the dangers of driving under the influence. The police have reiterated their commitment to addressing such reckless behaviour on the roads and ensuring that those who endanger the lives of others are held accountable for their actions. This case will likely prompt discussions about the need for stricter enforcement of traffic laws and the importance of public awareness regarding the dangers of drunk driving. (With inputs from PTI)
05 November,2024 11:13 AM IST | BengaluruThree people were arrested in connection with the callous treatment of a minor boy who was hanged upside down and tortured on suspicion of theft in Madhya Pradesh's Pandhurna district, a police officer said on Monday. The accused were presented before the court on Monday and were sent to jail, he added. According to information, the incident took place in the Mohgaon area on November 1, and a video of the incident went viral on social media on Sunday, (November 3). In the video, the minor can be seen tied up with a rope and hung upside down. The accused was reportedly seen placing chilli smoke near the minor's head while accusing him of stealing a watch. Another boy is also seen in the video with his hands tied. After the video went viral, the father of the minor boy filed a complaint at the Mohgaon police station against the accused. Pandhurna Superintendent of Police (SP) Sundar Singh Kanesh said, "Three accused tortured a minor on suspicion of theft, and a video of the incident also went viral on social media. After the video went viral, the father of the minor lodged a complaint with the police." In response to the complaint, the police registered a case under relevant sections of the Bharatiya Nyay Sanhita (BNS) against the accused and arrested them, the officer said. "The case has been registered under section 137 (2) (punishment for kidnapping), 144 (Exploitation of a trafficked person), 127 (2) (Punishment for Wrongful confinement), 296 (Obscene acts and songs) and 115 (Voluntarily causing hurt) of the BNS against the accused. They were presented before the court today and sent to jail," SP Kanesh further said. Further investigation into the matter is underway, he added. This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever
05 November,2024 10:13 AM IST | Pandhurna (Madhya Pradesh) | ANIThe Supreme Court issued notice on a public interest litigation (PIL) on Monday seeking full and effective implementation of the Rights of Persons with Disabilities Act, 2016. “Issue notice, returnable in three weeks. List the Petition on 25 November 2024,” ordered a bench headed by CJI DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra. The plea, filed through advocate Mohammed Sadique T. A., sought direction to the Union and all state governments to take effective measures for sensitisation among the officers in the government, especially the civil services, concerning the rights of persons with disabilities under the RPwd Act, 2016. Referring to several reports, the plea said that the provisions of the RPwD Act have not been implemented properly and effectively. It said that as per the Annual Report of the year 2021-2022 published by the Office of the Commissioner for Persons with Disabilities in 2022, the majority of states still suffer from non-application or weak application of the provisions of the RPwD Act and several states had not submitted their reports. The petition also said that the majority of the states have not notified the state rules and 50 per cent of the states and UTs have not constituted a state advisory board. “The lack of implementation of numerous provisions in the RPwD Act violates the fundamental rights of the disabled persons under Articles 14,15,19 and 21 of the Constitution of India,” further said the PIL. It added that the lack of full and effective implementation of the provisions of the RPWD Act, 2016, including those on reservation violates the fundamental rights of persons with disabilities, and denies them a life of dignity, equal opportunity, and non-discrimination, to which they are entitled. The petitioner, Sanjay Jain, is totally blind since birth and currently works as a law Professor at Bangalore's National Law School of India University (NLIU). In addition to being an academic, he is also a disability rights activist. This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever
05 November,2024 10:09 AM IST | New Delhi | IANSPrime Minister Narendra Modi on Monday said that steps will be taken to stop infiltration if a BJP-led government is formed in Jharkhand and laws will framed to return usurped land to tribal women. Addressing an election rally here, PM Modi also emphasised the party's 'roti, beti aur maati' slogan, saying people want BJP-led NDA to come to power in the assembly polls. "The entire Jharkhand is saying today - 'Roti, beti aur maati ki pukaar, Jharkhand me BJP-NDA sarkar'... When the BJP government was formed for the first time, Atal Bihari Bajpayee got the opportunity in Delhi to serve the nation, Jharkhand was formed," he said. He accused Congress, Jharkhand Mukti Morcha (JMM), and Rashtriya Janata Dal (RJD) of doing vote bank politics. "JMM-Congress-RJD have endangered the identity of Jharkhand. Infiltrators are their biggest vote bank....Infiltrators are targeting tribal daughters through lies, fraud and deceit, they are marrying and snatching tribals' land. They are snatching your - daughter, bread and land. I assure you that as soon as the BJP government is formed in Jharkhand, every step will be taken to stop infiltration," PM Modi said. PM Modi accused Congress and its allies of keeping the tribal community "poor and in deprivation" for a long time and said BJP is committed to remove poverty from Jharkhand. He accused the ruling JMM of disrespecting former Chief Minister Champai Soren and alleged that JMM-Congress-RJD have endangered the identity of Jharkhand. "In the 1980s when Congress was in power both in Bihar and Delhi and Jharkhand was part of Bihar back then - Gua Goli Kaand happened - the kind of barbarism the Britishers have committed here, Congress did the same with the blood of tribals... RJD leaders used to say that - Jharkhand would be formed on their corpses... The RJD wanted to suppress those who wanted to form Jharkhand, who is sitting in their lap, today? JMM is sitting in the lap of RJD," he said. He said people of the region are keen to bring BJP back to power in the state. "Kolhan is again ready to uproot the JMM-Congress-RJD's tyrant government. Everyone is saying that Kolhan is giving to create a history... I am certain that BJP-NDA will form the government with more number of seats than any time in history, " he said. "They (JMM) have disrespected the son, pride of Kolhan - Champai Soren. The way they removed him from the CM's post by disrespecting him, the entire country has seen it. It's a disrespect of the entire Kolhan," he added. He slammed Congress over "derogatory remarks" of its leader Irfan Ansari' about BJP candidate Sita Soren. "What they have done with our sister Sita Soren - we all have seen it. The thing a leader of Congress has said for Sita Sooren - we all have seen it. It's a disrespect to all tribal mothers and sisters. In Mahrashtra also, a sister who is contesting the election, what kind of language was used for her? But the CM hasn't spoken a word over it, this is the truth of the JMM," he said. PM Modi said he has seen the struggle of poor closely and biggest schemes in the last 10 years have been for the poor and 25 crore people have come out of poverty in the past decade. "BJP is committed to removing poverty from Jharkhand...Congress and its allies kept the Adivasi community poor and in deprivation for a long time. JMM-Congress-RJD have endangered the identity of Jharkhand. A conspiracy is being hitched to change the identity, demography of Jharkhand. Supporters of infiltrators have become the stamp of the JMM-Congress-RJD alliance. Infiltrators are their biggest vote bank. JMM and Congress are making fake documents of infiltrators... Infiltrators are targeting tribal daughters," he said. "They are snatching your - daughter, bread and land... We will bring a law to register the land in the name of tribal daughters... They have found another way - they are declaring schools, colleges and universities as minority institutions - it ends the reservations for Dalits, Tribals and OBCs in these institutions," he added. The Jharkhand Assembly elections will be held in two phases on November 13 and 20. This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever
05 November,2024 10:00 AM IST | Chaibasa (Jharkhand) | ANIA 22-year-old nurse was allegedly raped by the director of a private hospital in Kanpur, police said Monday. It is suspected that the nurse was given a soft drink laced with intoxicants before being raped. An FIR has been registered and the accused arrested. Kalyanpur's Assistant Commissioner of Police (ACP) Abhishek Pandey said the woman has been working as a nurse at a private hospital in Kalyanpur for the last couple of months. On Sunday evening, she attended a party thrown by the director in the hospital. The accused asked her to stay at the hospital during night hours on the pretext of official work, he said. Around midnight he called her to his room and forcefully pulled her inside and locked the door, the ACP said. The director took the nurse hostage and allegedly raped her, said another official requesting anonymity. The accused also threatened the nurse to kill her if she reported the incident to anyone, the official added. The police have not yet disclosed the identity of the accused. He was produced before the court following the arrest, the official said. The victim's medical examination would be conducted and she would be produced before the court to record her statement before the magistrate, the police added. This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever
05 November,2024 09:55 AM IST | Kanpur (UP) | PTIA privately operated bus fell into a deep gorge in Uttarakhand’s Almora district on Monday, killing at least 36 of the about 60 people on board and injuring 24. CM Pushkar Singh Dhami announced a compensation of R4 lakh for the next of those killed and a financial assistance of R1 lakh for the injured. Four of the injured are serious out of which three were airlifted to AIIMS, Rishikesh and one was taken to Sushila Tiwari Hospital, Haldwani, Almora District Disaster official Management Officer Vineet Pal said. There were around 60 people on board the 43-seater bus when the accident took place, he said, adding that overloading of the vehicle could have led to the accident. District Magistrate Alok Kumar Pandey said the bus, operated by the Garhwal Motor Owner Association, was on its way from Pauri in Garhwal to Ramnagar in Kumaon about 250 km away when the accident took place around 8 am. The 43-seater bus plunged into a 200-metre gorge and landed close to a rivulet in Almora’s Marchula area just 35 km before its destination Ramnagar, the DM said. He said that the police and NDRF personnel rushed to the spot and launch a search and rescue operation. Assistant Regional Transport Officers of Pauri and Almora were suspended following the accident in which a magisterial probe was also ordered. 24No. of people injured PM, President condole deaths PM Narendra Modi and President Drouapdi Murmu condoled the deaths and prayed for the speedy recovery of those injured. The PM also announced an ex-gratia of R2 lakh for the next of kin of each deceased and R50,000 for the injured. “The news of the death of many people in a road accident in Almora, Uttarakhand is heart-rending,” Murmu said. Kharge, Rahul express grief New Delhi: Congress chief Mallikarjun Kharge and MP Rahul Gandhi expressed grief and urged the local authorities to provide immediate compensation to the victims’ families and support to the injured. They also urged local Congress workers to provide all possible help to the families of those affected. “The news of the deaths of many people in a horrific road accident in Almora, Uttarakhand, is extremely sad,” Gandhi said in a post in Hindi on X. This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever
05 November,2024 09:32 AM IST | Dehradun | AgenciesTaking a strong exception to Delhi’s high pollution levels during Diwali, the Supreme Court on Monday sought to know from the Delhi government and the Delhi Police Commissioner about the steps taken to implement the firecracker ban. “We want all the orders to be placed on record banning the sale, manufacture and bursting of firecrackers in Delhi. We are also issuing notice to the Delhi police commissioner on the action police has taken against the violators and the steps it is taking to implement the orders of the court,” a bench of Justices Abhay S Oka and Augustine George Masih said. The responses will have to be filed within a week. This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever
05 November,2024 09:26 AM IST | New Delhi | AgenciesUnion Minister Pralhad Joshi on Monday said India has been re-elected as the President of Indian Solar Alliance (ISA) from 2024 to 2026. Addressing the press conference at 7th General Assembly of the ISA, Joshi informed that France has been reelected as Vice-President of the ISA. India’s election to the President post is a testament to the impactful work the country, under the leadership of Prime Minister Narendra Modi, has been doing over the years for the global good in advancing solar energy adoption across the globe and boosting investment in essential solar projects, including mini-grids and healthcare solutions, Joshi opined. Eight Vice Presidents of the Standing Committee, two from each of the four ISA geographical regions, were also selected by the Assembly. ISA Member Countries have also selected the third Director General of the Alliance. Ashish Khanna is the Director General Designate and will assume office in March 2025, when the tenure of the incumbent Director General, Ajay Mathur, comes to a close, he informed. This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever
05 November,2024 08:15 AM IST | New Delhi | AgenciesADVERTISEMENT
