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“If lawyers circulate non-urgent matters, then heavy costs will be imposed or long date will be given”: Bombay HC

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BHUVANA IYER – Mumbai Uncensored, 15 January 2022

A Division Bench of Bombay High Court has issued a notice on the administrative side warning advocates against circulating matters which do not require urgent hearing. 

A bench of Justices Gautam Patel and Madhav Jamdar noted that advocates are taking undue advantage of an earlier notice which permitted advocates to merely indicate the date of listing without mentioning for circulation.

Lawyers are circulating non-urgent matters due to which a large number of cases in which there is no urgency, are being listed, the notice said.

Recently, considering the rapid surge of COVID19 cases in Maharashtra, especially in Mumbai, the Principal Bench at Bombay and Bench at Nagpur to limit the functioning of courts for 3 hours a day only. The Court resolved to take up only urgent matters that too through virtual hearing only.

The Bombay High Court had also granted liberty to advocates and parties to give application for urgent listing of cases, in which there is extreme urgency, however, it came to the knowledge of the Court that a large number of matters were listed, in which there was no urgency.

The notice issued by the High Court stated that “It is found that taking undue advantage of the previous notice, by which parties’ advocates were permitted to indicate the date of listing without mentioning for circulation, a large number of matters in which there is no urgency, are being listed.” 

The High Court administration has stated that by listing non-urgent matters endlessly by lawyers and parties, there was an “increase in the pressure on the court staffers and court departments” in Covid times when the number of staff was reduced. It is because of this that advocates and parties have been put to notice by the high court administration. The notice clearly states that “if any such matters that are not immediately urgent are circulated, either heavy costs will be imposed or matters may be adjourned to a long date.”

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Kerala Legislative Assembly Unanimously Rejects Controversial Waqf Amendment Bill

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The Kerala Legislative Assembly unanimously passed a resolution on Monday, October 14, urging the central government to withdraw the contentious 2024 Waqf Amendment Bill. The resolution, presented by Minister for Waqf, Haj Pilgrimage, and Sports, V Abdurahiman, emphasized that the bill undermines the federal principles embedded in the Constitution, sparking concerns over state rights and religious governance.

Minister Abdurahiman argued that the bill infringes on the authority of state governments concerning Waqf matters, particularly by weakening the power of state Waqf boards and tribunals, which manage Waqf properties. “This bill not only violates the secular principles outlined in the Constitution but also threatens democratic values by replacing elected representatives with a board of nominated members and a nominated chairman,” he stated during the assembly session.

The minister also underscored the importance of protecting fundamental rights such as freedom of belief, secularism, federalism, and democratic processes. He pointed out that the bill contains provisions that contradict the core principles of the Constitution, calling for its immediate withdrawal.

The resolution gained support from both the ruling Left Democratic Front (LDF) and the opposition Congress-led United Democratic Front (UDF). The UDF proposed several amendments to the resolution, some of which were accepted during discussions, demonstrating bipartisan agreement on the issue.

This collective opposition highlights the assembly’s shared concerns about federal overreach and the central government’s role in managing religious properties. The Waqf Amendment Bill has sparked a broader debate about the balance of power between state and central authorities, especially in matters of religious governance and property management.

The call for the withdrawal of the bill reflects ongoing tensions surrounding federalism and the preservation of state rights, particularly in the context

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Mira Bhayandar: Bombay High Court Warns Baleshah Pir Dargah Trustees Over Illegal Mangrove Encroachment

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The Bombay High Court has issued a stern warning to the trustees of the Hazrat Sayyed Baleshah Pir Dargah in Bhayandar (West). The dargah is accused of illegally occupying government-owned mangrove land and constructing a 100-foot structure without permission.

A PIL filed by advocate Khush Khandelwal on behalf of the Hindu Task Force has brought the matter to the court’s attention. Despite clear evidence of encroachment and notices served by the authorities, the dargah representatives have failed to appear in court.

The court has now given a final opportunity to the trustees to present their case in the next hearing. If they fail to do so, the matter will be heard ex parte, meaning the court will proceed with the case without their presence. This development indicates a strong stance by the judiciary against illegal land occupation and environmental violations.

The case highlights the ongoing battle to protect government land and the environment from encroachment, particularly in coastal areas.

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Ekta SRA CHS Scandal: Siddhivinayak Developers Kurar Faces Scrutiny for Unauthorised Construction & Violations of Regulations

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Siddhant Mohite, Mumbai Uncensored:

In a startling revelation, a complaint filed against Siddhivinayak Developers Kurar has unearthed a web of alleged violations and corruption within the Ekta SRA CHS redevelopment project located at Kurar Village, Malad East. The Slum Rehabilitation Authority (SRA) conducted a thorough survey following the complaint, shedding light on serious discrepancies in the project’s execution.

Slum Rehabilitation Authority’s inspection, initiated after receiving a complaint on January 18, 2024, concluded that Siddhivinayak Developers Kurar had flouted Development Control regulations, indulged in an FSI Scandal, and executed construction work beyond approved plans and commencement certificate (C.C) in the ongoing redevelopment project. Specifically, the construction work exceeded the approved CC for A, B & C wings of the composite building.

The gravity of the situation escalated on May 3, 2024, when the Executive Engineer of SRA P/N issued a letter to Siddhivinayak Developers Kurar and Architect M/s Rasik Hingoo associates, instructing them to stop work immediately at Ekta SRA CHS. The directive also mandated the regularization of the unauthorized construction by paying necessary charges as per SRA policy. Failure to comply would result in appropriate actions as deemed fit.

What raises eyebrows is the timeframe involved in addressing the complaint. Despite the complaint being lodged in January, it took the SRA a staggering five months to conduct an inspection and issue a directive to the developer. Moreover, the directive to ‘regularize’ the unauthorized construction without specifying the penalty charges has sparked skepticism and allegations of a ‘secret understanding’ between the Executive Engineer of P/N SRA and the developer. This clearly shows that corruption is at its peak at the SRA Executive Engineer’s office, and it shows how SRA officials are hand-in-gloves with Real Estate Developers.

Sources have hinted at a nexus between the Executive Engineer and associates with the developer, suggesting an attempt to shield unauthorized construction through corrupt means.

This unauthorized development has stirred concerns among residents and activists, questioning the transparency and efficacy of regulatory bodies in overseeing redevelopment projects. Calls for a thorough inquiry and stringent action against those involved in malpractice are resonating across the community, emphasizing the need for accountability and integrity in Slum re-development initiatives.

Mumbai Uncensored will continue to monitor this story closely and provide updates as it unfolds.

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