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Time of India
2 days ago
- Business
- Time of India
Trust Deficit: HC On Signature View
New Delhi: There is a lot of "trust deficit" between the Delhi Development Authority (DDA) and the residents of Signature View Apartments, Delhi High Court said on Friday, asking the civic agency to "establish trust". Trying to break the impasse where residents have refused to vacate the towers in the north Delhi society despite these being declared dangerous, the bench of Chief Justice DK Upadhyay and Justice Tushar Rao Gedela said both sides must look for a resolution and "move ahead" for the project to be completed. "There is a lot of trust deficit. The contention of the residents is not incorrect. You have to establish trust by first putting in the money," the bench told DDA after it found no payment of rentals was made to several residents who willingly moved out of their rickety flats, despite a promise by the land-owning agency, prompting other residents to stay put, instead of handing over their apartments for reconstruction. You Can Also Check: Delhi AQI | Weather in Delhi | Bank Holidays in Delhi | Public Holidays in Delhi It ordered DDA to file an affidavit giving details of the status of the process of payment of rent to eligible residents. "You are the one person who can get it all done," the court told senior advocate Sanjay Jain, who represented DDA, hinting that Jain's past record as additional solicitor-general and his stint as a long-time legal advisor to the lieutenant governor would come in handy in ensuring that a solution is found and the project to rebuild the flats is completed. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 5 Books Warren Buffett Wants You to Read In 2025 Blinkist: Warren Buffett's Reading List Undo The court was dealing with an appeal filed by the land-owning body against a single judge's order last year that approved the demolition of Signature View Apartments in Mukherjee Nagar but rejected DDA's proposal to build 168 additional flats by using an enhanced floor area ratio (FAR). The single judge held that allowing increased FAR would infringe upon the material rights of the flat owners and stressed that the common areas and facilities had already been transferred to the owners, and no additional flats could be built without their consent. In its order, the court last year also ordered DDA to pay "facilitation amounts" to the apartment owners until their reconstructed flats are handed over. It passed the order after hearing the flat owners' plea, where they accused civic agencies of corruption and maladministration, claiming substandard materials were used while making the apartments. In its appeal, filed through standing counsel Sanjay Katyal, DDA challenged the ruling on its interpretation of the FAR, arguing that it is allowed in law to construct 168 more flats and sell these. The Signature View Apartments complex has 10 towers with a stilt+10-storey structure and two towers with a stilt+6-storey structures.
Hindustan Times
3 days ago
- Politics
- Hindustan Times
Pre-Independence birth qualifies as person of Indian origin: Delhi HC
The Delhi high vourt has held that an individual can be recognised as a 'person of Indian origin (POI)' for citizenship by registration, if one of the parents is born in India before Independence i.e 15 August, 1947. Pre-Independence birth qualifies as person of Indian origin: Delhi HC The issue for consideration regarding POI came up before a bench of chief justice DK Upadhyay and justice Tushar Rao Gedela while dealing with a case of a 17-year old girl, born in India to an OCI card holder couple having US citizenship, seeking to be declared as POI for acquiring citizenship by registration. In the present case, the girl– Rachita Francis Xavier, born in 2006 in Andhra Pradesh, to an Indian couple who had obtained US citizenship in 2001 and 2005. She had applied for a passport in 2019, but her request was denied on the ground that she could not be recognised as an Indian citizen since her parents were foreign citizens, effectively rendering her as 'stateless'. In May last year, justice Prathiba M Singh had directed the Centre to grant her citizenship concluding that she was a POI as per section 5 of the Citizenship Act, since her parents were born in India after Independence and had subsequently obtained US citizenship. Section 5 of the Citizenship Act lays down the provisions under which a person can acquire Indian citizenship by registration. Explanation 2, specifies that an individual will be considered as POI, if at least one parent is born in undivided India or such other territory which became part of India after independence. However, the Centre approached the division bench seeking to set aside justice Singh's reasoning for declaring Rachita as 'a person of Indian origin'. In its petition, the Centre had asserted that the definition of Indian origin only covered parents born in India before Independence. Agreeing with the Centre's submissions, the court in its July 14 order, released on Thursday said, 'Accordingly, Explanation 2, in our opinion, provides that any person shall be deemed to be a person of 'Indian Origin' if the person or either of his parents were born in undivided India as defined in the Act, 1935, as originally enacted. It would thus mean that to acquire the status of a person of 'Indian Origin', the person concerned or either of his parents would have been born in India before 15.08.1947 and not thereafter. Explanation 2 appended to Section 5(1)(g) of the Citizenship Act would not cover a person to be deemed to be of 'Indian Origin' if he or either of his parents was born in India on or after 15.08.1947 or in a territory which did not become part of India after 15.08.1947.' Ultimately, the court set aside Justice Singh's order, saying that the same was erroneous as it was based on misreading the law governing Indian citizenship by registration. 'As regards the observations made and findings recorded in paragraph 41 and 52 of the judgement of the learned Single judge to the effect that the respondent qualified as a person of Indian Origin are concerned, in our opinion, the said finding is based on misreading of the provisions embodied in explanation 2 of section 5(1)(g) of the Citizenship Act. The observations made by the learned Single judge is erroneous,' the court maintained.
Time of India
11-07-2025
- Politics
- Time of India
Provide more funds for anti-ragging drives: HC
New Delhi: Delhi High Court on Friday expressed concern over underfunding of the anti-ragging campaigns in higher education institutions. "The concern of this court is to make the mechanism effective and fruitful," a bench of Chief Justice D K Upadhyay and Justice Anish Dayal told the counsels for the University Grants Commission (UGC) and central govt. The court was unhappy to note that a meagre amount of Rs 44 lakh was spent on anti-ragging initiatives while several lakhs of students enrol in higher education. You Can Also Check: Delhi AQI | Weather in Delhi | Bank Holidays in Delhi | Public Holidays in Delhi When the counsel for UGC said they were taking steps, the court shot back. "Except for rhetoric, you have utterly failed. Despite the Supreme Court taking note of the menace, you have not done anything," it asserted. The high court said that the Centre must put in more funds for anti-ragging projects and added that it would take a call if a suo motu petition was to be registered in the matter. During the brief hearing, UGC also informed the court that it issued a fresh advisory to higher education institutions to check ragging. "In several cases, seniors form informal WhatsApp groups, contact juniors, and subject them to mental harassment. This too amounts to ragging and will invite disciplinary measures," UGC said in its latest directive. The high court was dealing with a petition filed by Aman Satya Kachroo Trust, an organisation that alleged UGC violated tender norms and discontinued several core components of the mechanism originally mandated by Supreme Court. The trust, started by the father of Aman, who lost his life to brutal ragging by his seniors in a medical college in 2009, argues that UGC awarded the contract for operating the anti-ragging mechanism to an "unqualified" consortium, in violation of mandatory eligibility norms and based on manipulated submissions. Earlier this week, the court had stressed on the need for a "more robust" anti-ragging mechanism for colleges and universities, stating that University Grants Commission must be "on top of the issue". It underlined the need to make institutes of higher education safer for students.
Hindustan Times
09-07-2025
- Politics
- Hindustan Times
Delhi HC dismisses plea seeking direction to Parliament to abolish BNS sections
The Delhi high court on Wednesday dismissed a plea seeking a direction to Parliament to abolish sections dealing with offences against the state and public tranquillity from the Bharatiya Nyay Sanhita (BNS), saying it lacked the jurisdiction to do so. The petitioner argued the sections grant the government the right to suppress citizens. (Getty Images/iStockphoto) A bench of Chief Justice DK Upadhyay and Justice Anish Dayal said issuing such a direction would amount to legislating, which was not within its domain. It added that such an abolition could only take place by the enactment of a law amending the BNS. 'Abolition is only permissible by enacting an amendment act. It is an act of Parliament. We cannot direct the Parliament to do so. It will amount to legislating. It is not under our realm,' the bench told the counsel representing the petitioner, Upendra Nath Dalai. 'If we peruse the prayers, what we find is that the petitioner is asking to give direction to the Parliament to legislate an amending act. The prayers made in this PIL [public interest litigation] cannot be granted by the court by exercising its jurisdiction. Accordingly, the writ petition is dismissed.' Dalai's petition argued that the provisions in question grant the government the right to suppress the voices of citizens and are thus violative of the fundamental rights to equality, life, and personal liberty. He added they act as a 'key tool for opposition-free governance.' Dalai said the same also undermines the basic structure of the Constitution and creates an arbitrary attitude in government officials. The court in May rapped Dalai for filing another petition alleging that the BNS is a criminal act. 'What kind of language is used? What is the prayer? There has to be some limit of frivolity,' the court said. The BNS replaced the Indian Penal Code (IPC) and came into effect on July 1 last year. Sections 147 to 158 deal with the offences against the state, such as waging war or attempting and abetting to wage war against the government of India, committing acts endangering the country's sovereignty, unity, and integrity, etc. Sections 189 to 197 deal with the offences against public tranquillity. They include offences of unlawful assembly, rioting, etc.
Hindustan Times
09-07-2025
- Business
- Hindustan Times
No proposal to introduce ₹50 coin in market: Centre tells Delhi HC
The Union finance ministry has told the Delhi high court that it does not propose to introduce ₹50 coin in the market, as the public has shown preference for using banknotes over the existing coins of ₹10 and 20 for everyday transactions, due to their weight and size. The affidavit has been filed in a petition seeking directions to the Centre to issue ₹ 50 coins. (RBI official website) In its affidavit filed on Tuesday, the Centre stated that it had conducted a survey in 2022 to analyse the usage of patterns of existing coins and banknotes in circulation, and the findings revealed a preference for banknotes over the coins. 'The decision to introduce a circulation coin of a particular denomination depends on multiple factors, including the public's readiness to accept the coin and the frequency of its use in everyday transactions. As indicated by the Reserve Bank of India's (RBI) survey, the public currently shows a preference for banknotes over coins in the ₹10 and ₹20 denominations. Therefore, any decision to introduce a ₹50 coin would depend on several factors including requirement of the economy, degree of public acceptance etc., in addition to the concerns of the visually impaired persons. At present, no proposal regarding introduction of a ₹50 coin is under consideration by the department,' the affidavit stated. 'That with regards to the feasibility of introducing ₹50 coin, it is submitted that the Reserve Bank of India conducted a survey in 2022 to analyse the usage patterns of existing coins and banknotes in circulation. The findings revealed a preference for bank notes over coins for the ₹10 and ₹20 denominations. Survey respondents identified the weight and size of coins– particularly the similarity in size across denominations- as significant impediments to the usage of coins', it added. Also Read: Ninth arrest in New India Cooperative Bank embezzlement case The affidavit has been filed in a petition preferred by advocate Rohit Dandriyal seeking directions to the Centre to issue ₹50 coins, to provide equal opportunity and ease of doing business to visually impaired citizens. It went on to add that even though the currency notes of other denominations including ₹1, ₹2, ₹5, ₹10, ₹20, ₹100, ₹200, ₹500 and ₹2,000 were designed to be accessible for the visually impaired, the ₹50 note lacked such features. It further argued that ₹50 note did not contain any intaglio printing or tactile markings, thereby rendering it inaccessible to visually impaired individuals and leaving no effective substitution in circulation. The affidavit will be considered by a bench of chief justice DK Upadhyay and justice Anish Dayal later in the hearing on Wednesday. In its six-page reply, the Centre further stated that the all the banknotes except ₹10, 20 and 50 issued under the Mahatma Gandhi Series in 2016, incorporate a sharp colour contrast scheme for facilitating denomination identification by individuals who are partially visually impaired but a possibility of confusion or difficulty in denomination identification exists due to the concurrent circulation of two series– namely the 2016 series and the earlier MG series. 'The banknotes issued under this series incorporate a sharp colour contrast scheme aimed at facilitating denomination identification by individuals who are partially visually impaired. It is pertinent to note that each denomination under the Mahatma Gandhi (New) Series has distinct dimensions, thereby enabling visually challenged individuals to differentiate between denominations through tactile means. There exists a possibility of confusion or difficulty in denomination identification by the visually impaired primarily due to concurrent circulation of two series-namely, the Mahatma Gandhi (New) Series and the earlier Mahatma Gandhi Series,' the affidavit stated. It added that the RBI, to enhance the quality of life of its citizens had however launched a mobile application called MANI (Mobile Aided Note Identifier) in 2020 to aid visually impaired persons to identify the denomination of banknotes. To ensure the accessibility and ease of identification of all coins, the affidavit stated, the Centre on March 6, 2019 had also introduced a new series of coins in the denominations of ₹1, 2, 10 and 20.
