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Hindustan Times
08-06-2025
- General
- Hindustan Times
Slum dwellers on mangrove land not entitled to rehab, rules HC
MUMBAI: In a significant ruling, the Bombay High Court on Friday held that slum dwellers who have settled on protected forests — including mangrove land and buffer zones — cannot seek rehabilitation under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. A division bench of Justice Girish S Kulkarni and Justice Advait Sethna upheld the Maharashtra government's stance that Section 3Z-6 of the Slum Act explicitly excludes forest areas from its scope. As a result, encroachments on forest land are not entitled to the protections or benefits afforded to recognised slum dwellers. The court was hearing a petition filed by four residents of Laxminagar, a settlement located within mangrove forests and buffer zones in Charkop, Kandivali. The petitioners approached the High Court through advocate Ronita Bhattacharya Bector after revenue authorities demolished around 500 huts in the area — including theirs — in April 2021. The petitioners argued that the demolition was unlawful as they had been residing there since 1980 and were therefore eligible for rehabilitation under a government resolution (GR) dated June 16, 2015. That GR protects slum dwellers who settled before January 1, 2000, by entitling them to permanent alternate accommodation. They also cited a second GR dated May 16, 2018, which extends similar benefits to those settled between January 1, 2000, and January 1, 2011. However, additional government pleader Uma Palsuledesai, appearing for the state, countered that the petitioners were not entitled to any relief as they had encroached on protected mangrove land — classified as a reserved forest under Survey No. 39, spanning 57 hectares. She pointed out that Section 3Z-6 of the Slum Act expressly excludes such areas, including those falling under Coastal Regulation Zones (CRZ), from its purview. Agreeing with this submission, the bench observed, 'There is a clear exclusion for the applicability of the Slums Act set out under Section 3Z-6. The land in question falls within a protected forest. Therefore, the provisions of the Slums Act will not apply, and the petitioners cannot claim benefit as protected occupiers under the Act.' The court also noted that the area had never been formally declared a slum under the Act, and that the petitioners failed to meet the statutory definition of 'eligible slum dwellers' as laid out in Section 2(c-b) of the Act. 'This is a case where protection, relocation, and rehabilitation under Section 3Z of the Slums Act are not available to the petitioners, rendering their claim against the demolition legally untenable and unsustainable,' the court concluded, dismissing the petition.
The Print
01-06-2025
- The Print
HC directs for clearance certificate to stalking accused for passport renewal
In the present case, the Malad police here in April this year issued a negative report on the ground that a criminal case (of stalking) was pending against the man. The police ought to have issued the certificate when the man has been permitted to travel abroad by the court, a division bench of Justices G S Kulkarni and Advait Sethna said in an order passed last month. Mumbai, Jun 1 (PTI) The Bombay High Court has directed the city police and the passport department to issue a clearance certificate to a man accused in a stalking case to renew his passport so that he can travel to Canada for studies. The man moved the HC, challenging the negative certificate issued by the police to the passport authorities and seeking a direction to the passport office to issue him a clearance certificate so that his passport could be renewed. In his plea, the man said a magistrate's court, before which his trial is pending, has granted permission for his passport to be renewed. A single bench of the HC in April permitted the man to travel abroad for the time period of the course he has secured admission in, the petition added. The high court in its order said when a directive has been issued by the magistrate permitting renewal of the passport in November 2024, then the police could not have issued a negative report. It was not the case of any of the authorities that the man was not authorised and/or entitled to travel abroad, the bench said. 'If this be the case then certainly such travel cannot remain a paper formality,' the HC said. The court noted the man's present passport is valid till 2026 and he has already been granted a visa by the Canadian government. 'We are of the opinion that the officer in-charge of the Malad police station needs to grant a 'Clear Police Verification Report' to the passport department forthwith,' the HC bench said. It quashed the negative report submitted by the police in April and directed it to issue a 'Clear Police Verification Report' in favour of the man. This verification report shall then be submitted to the passport authorities for issuance of a final police clearance certificate, the bench ordered. In 2017, an FIR was lodged against the man in Malad on charges of stalking, criminal intimidation and using words or gestures outraging the modesty of a woman. The case is pending before the magistrate's court. The man in his plea said he is desirous of pursuing a Chartered Accountant course in Canada and has secured admission for the same. Last year, the man filed an application before the magistrate's court seeking permission for the renewal of his passport and for a direction to the police to issue him a clearance certificate. Advocate D P Singh, appearing for the passport authority, submitted to the court that the department would grant a clearance certificate only after receiving a positive report from the police station concerned. PTI SP GK This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.
Hindustan Times
01-06-2025
- Hindustan Times
HC directs for clearance certificate to stalking accused for passport renewal
Mumbai, The Bombay High Court has directed the city police and the passport department to issue a clearance certificate to a man accused in a stalking case to renew his passport so that he can travel to Canada for studies. The police ought to have issued the certificate when the man has been permitted to travel abroad by the court, a division bench of Justices G S Kulkarni and Advait Sethna said in an order passed last month. In the present case, the Malad police here in April this year issued a negative report on the ground that a criminal case was pending against the man. The man moved the HC, challenging the negative certificate issued by the police to the passport authorities and seeking a direction to the passport office to issue him a clearance certificate so that his passport could be renewed. In his plea, the man said a magistrate's court, before which his trial is pending, has granted permission for his passport to be renewed. A single bench of the HC in April permitted the man to travel abroad for the time period of the course he has secured admission in, the petition added. The high court in its order said when a directive has been issued by the magistrate permitting renewal of the passport in November 2024, then the police could not have issued a negative report. It was not the case of any of the authorities that the man was not authorised and/or entitled to travel abroad, the bench said. "If this be the case then certainly such travel cannot remain a paper formality," the HC said. The court noted the man's present passport is valid till 2026 and he has already been granted a visa by the Canadian government. "We are of the opinion that the officer in-charge of the Malad police station needs to grant a 'Clear Police Verification Report' to the passport department forthwith," the HC bench said. It quashed the negative report submitted by the police in April and directed it to issue a 'Clear Police Verification Report' in favour of the man. This verification report shall then be submitted to the passport authorities for issuance of a final police clearance certificate, the bench ordered. In 2017, an FIR was lodged against the man in Malad on charges of stalking, criminal intimidation and using words or gestures outraging the modesty of a woman. The case is pending before the magistrate's court. The man in his plea said he is desirous of pursuing a Chartered Accountant course in Canada and has secured admission for the same. Last year, the man filed an application before the magistrate's court seeking permission for the renewal of his passport and for a direction to the police to issue him a clearance certificate. Advocate D P Singh, appearing for the passport authority, submitted to the court that the department would grant a clearance certificate only after receiving a positive report from the police station concerned.
Time of India
21-05-2025
- Time of India
HC quashes magistrate's order on NBW against actor
Mumbai: Bombay High Court quashed and set aside a magistrate's order that issued a non-bailable warrant against actor Arjun Rampal in a 2019 tax evasion case . "On a perusal of the said order, it is clear that no reasons are recorded. In my view, this would cause prejudice to the petitioner in the given facts and circumstances as he would face an order of non-bailable warrant in a case of bailable offence," said Justice Advait Sethna on May 16. Rampal challenged the April 9 order of the additional chief metropolitan magistrate, Ballard Pier. An advocate had sought his exemption from appearance, but the magistrate rejected the application, observing that the accused failed to comply with bail provisions. Justice Sethna noted that under Section 276 C (2) (wilful attempt to evade tax etc) of the Income Tax Act, the maximum sentence is only three years and the offence is bailable in nature. The magistrate, "not taking into consideration such position, has mechanically passed the a bailable offence." He also "overlooked" the advocate's presence. "In such circumstances, such order would be contrary to law," added Justice Sethna. tnn
Time of India
10-05-2025
- Health
- Time of India
Med board to weigh cancer survivor's MTP of 24+ weeks
Representative image MUMBAI: Bombay HC directed that an independent medical board be set up to decide on the termination of an over-24-week pregnancy of a woman who is in remission from breast cancer. "In our view, the interest of justice would be served by passing the following order," said Justices Girish Kulkarni and Advait Sethna on Thursday. They directed JJ Hospital dean to appoint a board of experts, including a psychologist, to examine her and submit a report to the vacation court. The woman, aged 40, moved HC to permit medical termination of pregnancy as she had crossed the 24-week legally permissible limit. Operation Sindoor India-Pakistan Tensions Live Updates: India hits back after Pakistan violates ceasefire; Nagrota sentry hurt in brief gunfire Operation Sindoor Live Updates: Drones shot down at multiple places in J&K as Pakistan violates bilateral understanding Pak drones enter Indian airspace, explosions heard just hours after truce deal Her petition stated that in Aug 2020, she was diagnosed with Stage III breast cancer. Between March and Aug 2021, she underwent treatment that included 8 rounds of chemotherapy, surgery, and 21 cycles of radiation, which she completed in April 2021. She was informed that the treatment would have a permanent impact on her future chances of conceiving. After experiencing abdominal pain, an April 25 sonography report revealed she was 23 weeks pregnant. Since her pregnancy was over 20 weeks, on May 3, she approached the JJ medical board constituted under the MTP Act. On May 6, the board declined permission, citing no lethal congenital anomaly noticed in the foetus.
