HERALD REPORTER

PANJIM, JAN 21

A fine of Rs 10,000 each has been imposed on three coastal panchayats for defying Court orders over removal of  illegal constructions within 200 meters (No Development  Zone ) built post February 19,  1991 and the  Bombay High Court at Goa directed that the amount should be recovered from the sarpanch and secretary of the respective panchayats.
A Division  Bench headed by the Chief Justice  of  Bombay High Court Swatanter Kumar imposed  the cost  of Rs 10000 on  village panchayat of  Velsao-Pale  village panchayat,  Naquerim- Betul  and  Chicalim  Village panchayat.
Amicus Curiae Adv  Norma Alvares told  the Court that  of  the 27  coastal panchayats and two municipal councils, most
have not done anything concrete except for issuing show cause  notices whereas some panchayats have  not even bothered to file  affidavits  in response to directions issued by the  High Court  earlier.
The Court remarked that these panchayats have acted very irresponsible — it is least expected of persons to deal with Court orders  in  this fashion,  and as a result hearing had to be adjourned to another date.
In a suo motto writ petition the High Court,  in September 2007,  had passed a detailed order directing  coastal panchayats to remove all illegal  structures that  came  up post February 19, 1991.  The panchayats were instructed to complete the exercise by January 31, 2008.
The High Court today also issued show cause against three defaulting   panchayats asking why contempt of  court proceedings should not be  initiated against them.
Taking  cognizance of  other non-performing panchayats that have not done anything except issuing show cause notices,  the High Court  issued them fresh directions. They have been asked to file detailed  affidavit  of  action taken  besides issuing  show cause  notices, and how many illegal constructions in NDZ  that came after  the stipulated period,  have been  removed.
Panchayats have been granted four weeks to file affidavits.  Also, the Court  instructed the statutory panchayat authorities not  to keep the appeals pending and dispose of such matters within two months.  One of the  panchayats told the Court that  it  has not been able to execute demolition orders because  of  long  pending appeals before addition  director  of panchayat.

NEW
DELHI: A leprosy patient cannot contest a civic poll or hold the post of a
councillor or Chairperson of a municipality, the Supreme Court has held.

The apex court’s verdict
upheld the decisions of the Election Tribunal and the Orissa High Court that had
upheld the provisions of the Orissa Municipal Act, which disqualify a leprosy
patient from holding such posts.

Holding that these provisions
are not discriminatory and violative of Article 14 of the Constitution, a Bench
comprising Justices C K Thakker and D K Jain said “We do not find any infirmity
or illegality in the judgement warranting interference.”

Though the apex court noted
that a news bulletin issued by World Health Organisation (WHO) had praised
India’s efforts to eradicate the disease, it was of the view that the district
judge, heading the tribunal and High court was justified in coming to the
conclusion that on the facts at the relevant time when a candidate had not fully
been cured of leprosy.

“It is
true that now with aggressive medication a patient may fully be cured of the
disease, yet the legislature in its wisdom has thought it fit to retain such
provisions in the statute in order to eliminate the danger of its being
transmitted to other people from the person affected by the disease,” the Bench
said.

“Having regard to these
circumstances, we are convinced that the said classification does bear a
reasonable and just relation with the object sought to be achieved by the
statute in question and cannot be said to be unreasonable and arbitrary,” the
Bench held.

Dhirendra Pandua
had challenged the decision incurring disqualification to hold the post of
councillor and chairperson in Balasore municipality on the ground of him being a
leprosy patient.

Link to the News

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Darjeeling, Feb. 21:Reacting sharply to the new Municipal Chairman Pema Buddha Yolmo’s verdict, the people have begun cleaning the streets and disposing the garbage. The move was much appreciated and the business community has now started cleaning the Darjeeling Market area. “Why not? If Buddha thinks he can threaten us by stopping garbage disposal and water supply, we will do things ourselves. Why give tax to the Municipality when it thinks that it is doing us a favour. If they test the people so much, we will take over the water supply,” said Ashok Moktan at Lal Dhiki. “It is such that in democracy and elected representative actually threatens the very people who elected him. Buddha Yolmo thinks that Municipality is his father’s fort and that he can do anything he wants. Let him do what he wants we will take care of ourselves and our neighbourhood. [Barun Roy]