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Supreme Court shows Haryana govt its place, stays law changed to allow construction on Aravallis

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Supreme Court shows Haryana govt its place, stays law changed to allow construction on Aravallis

[vc_row][vc_column][vc_column_text]Two days after it brazenly pushed through an amendment to a 119-year-old law to allow construction on Aravalli hills, the Manohar Lal Khattar-led BJP government in Haryana was today (Friday, March 1) rebuked by the Supreme Court and told not to implement the Bill it had got passed in state assembly.

“Do you think you are supreme? It is sheer contempt of court,” the Supreme Court told Haryana government.

“The state is in gross contempt of the court. You may think you are supreme, it is the law that is supreme,” the bench comprising Justices Arun Mishra and Deepak Gupta said.

The bench added: “No action to be taken by the Haryana Govt in furtherance of the PLPA amendment. The Legislature is not supreme, the courts view must also prevail, you cannot get rid of the Judiciary like this.”

The state government had pushed through a Bill amending the Punjab Land Preservation Act (PLPA), which protects the green cover of the Aravalli. The amendment had the effect of throwing open around 60,000 acres of forests in Gurgaon, Faridabad, Nuh, Mehendargarh and Rewari, for construction purposes.

Ordering the state government not to implement the Bill, the Supreme Court said, “We will not allow such kind of misadventure…You are not above the law…Legislature is not supreme…It is really shocking that you are trying to destroy the forests.”

The top court said that it was aware that the Haryana government “will do this to favour the builders…and that is why we had warned earlier.”

“It’s shocking that you still went ahead despite our warning,” observed the court during a hearing on an illegal colony – Kant Enclave – in Faridabad. The Bill grants legitimacy to Kant Enclave, nestled in the Aravalli hills. The top court had ordered the demolition of the colony last year.

The matter will be heard again on Friday, March 8.

The court made the observation while hearing a plea by noted environmental lawyer MC Mehta raising concern large-scale and flagrant violations in a large number of immoveable properties throughout Delhi, flagrant violations of various laws including Municipal Laws, Master Plan and other plans besides environmental laws.

Amicus Curiae (advisor to the court) Ranjit Kumar, had brought to the notice of Supreme Court, about the PLPA amendment in the Haryana Assembly on Wednesday.

The amendment was passed amid uproar in the House with the opposition Congress and Indian National Lok Dal (INLD) legislators demanding that the bill is sent to an assembly committee for re-examination. The Opposition said that the new law will only help real estate developers and mining companies and claimed that the BJP government in the state passed the contentious bill allegedly to win the support of the real estate dealers ahead of the Lok Sabha polls.

Residents of Gurgaon, Faridabad and Delhi have been protesting for last few months against allowing construction and other commercial activities in the Aravalli green belt – a delicate ecological zone and biodiversity hotspot – that is home to nearly 400 species of plants and some 200 species of native and migratory birds.

At 3.59 percent, Haryana already has the lowest forest cover in the country compared to the India average of 24 percent. The PLPA is meant to protect areas ‘not notified’ under the Indian Forest Act as reserve or protected forests in the states of Haryana and Punjab. In Haryana, the PLPA extends protection to forests and trees on private lands, community lands, panchayat and municipal lands in the uncultivable hills of the Aravallis in the south and Shiwaliks in the northern parts of the state. Forest areas notified as per special orders under the PLPA in Haryana amount to 75,000 acres, or 33% of the effective forest land in the state.

The amended law excludes tracts of land included in the final development plans or town improvement plans from the ambit of the PLPA and was applicable with retrospective as well prospective effect.

The amended law also granted legitimacy to Kant Enclave in Faridabad, which was built on PLPA notified land and was ordered to be demolished by the Supreme Court.

The apex court had then said, “Kant Enclave is a forest or is a forest land or is required to be treated as a forest or forest land and absolutely no construction activity could have been permitted on it with effect from August 18, 1992. Any and all construction activity in Kant Enclave since that date is illegal and impermissible in law.”

The chief minister, however, assured the House that there was no wrong intention behind the amendment bill. “And if one believes there is any wrong intent, then one can challenge it in a court of law,’’ Khattar said. It was challenged and Khattar got rapped on his knuckles.[/vc_column_text][/vc_column][/vc_row]

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Manipur: Congress hits back at BJP chief Nadda’s letter to Kharge

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

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The Congress on Friday lashed out at BJP president JP Nadda’s accusations that the Opposition party was promoting a politically motivated narrative concerning the situation in Manipur.

The grand old party described Nadda’s letter to Congress chief Mallikarjun Kharge as a 4D exercise, which means denial, distortion, distraction, and defamation.

Nadda, responding to Kharge’s call for President Droupadi Murmu’s intervention and his claims of the Centre’s total failure in managing the crisis, claimed that the consequences of Congress’s “abject failure” in handling local issues in Manipur during its governance are still being felt today.

Responding to Nadda, Congress General Secretary for Communications Jairam Ramesh stated, “Congress President Kharge ji wrote to the President of India on Manipur. Apparently, to counter that letter, the BJP President has now written to the Congress President.”

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

He noted that they are posed with four critical questions: When will the Prime Minister visit the state? How much longer will the Chief Minister remain in office despite lacking majority support? When will a full-time Governor be appointed? And when will the Union Home Minister be held accountable for his failures in Manipur?

Nadda expressed astonishment at the Congress’s ongoing efforts to sensationalize the situation in Manipur, pointing out that Kharge appeared to overlook the fact that his party’s past government had legitimized the illegal migration of foreign militants to India, during which former Home Minister P Chidambaram had signed relevant treaties.

On Tuesday, Kharge had written to President Murmu regarding the worsening conditions in Manipur, requesting her immediate intervention to ensure that the citizens of the state can live peacefully and with dignity.

In his two-page letter, Kharge accused both the Union and Manipur state governments of “completely failing” to restore peace and normalcy over the past 18 months, resulting in a loss of public confidence in their leadership.

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Rahul Gandhi is right, Gautam Adani should be arrested: RJD president Lalu Yadav

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

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RJD president Lalu Prasad Yadav on Friday spoke in support of Congress leader Rahul Gandhi’s demand for immediate arrest of Gautam Adani, after the Industrialist was charged in the US for alleged bribery and fraud.

Gandhi, the Leader of Opposition in the Lok Sabha, said on Thursday that Gautam Adani should be arrested immediately, and his protector Madhabi Puri Buch should be investigated

The former Congress chief claimed that the recent developments vindicate his long-standing allegations against Gautam Adani. He took a sharp dig at Prime Minister Narendra Modi and alleged that Modi is protecting Adani, and is also involved in corruption. 

Yadav, the former chief minister of Bihar, was responding to queries from journalists here about Gandhi’s statement on the previous day, in the backdrop of charges of bribery and fraud against the Adani group in the US.

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

The RJD supremo, who incidentally has been convicted in several fodder scam cases and is on bail, was also asked about prospects of the INDIA bloc, of which his party is a part, in Jharkhand, where the counting of votes for assembly polls is scheduled on Saturday.

Speaking to PTI, the ailing septuagenarian replied, “I would like to remain focused on my statement that Adani must be arrested. I am not worried much about a new government (in Jharkhand) where we are already in power.” Jharkhand witnessed a straight battle between the INDIA bloc and the BJP-led NDA, which included the JD(U) headed by Nitish Kumar, Prasad’s arch-rival and the current Chief Minister of Bihar.

Addressing a press conference on Thursday, Gandhi further said that Chief Ministers have been jailed for scams of Rs 10-15 crore, but Adani, who has committed a scam of Rs 2000 crore is walking free.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

The BJP leader said the allegations against him were false, baseless and made with malafide intentions.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

BJP leader Vinod Tawde, accused of distributing cash to influence voters, has sent a legal notice to Congress leaders Mallikarjun Kharge, Supriya Shrinate and Rahul Gandhi over the controversy. The BJP leader has demanded their apologies or face a Rs 100-crore defamation case.

Vinod Tawde’s legal notice came after regional party Bahujan Vikas Aghadi (BVA) leader Hitendra Thakur on Tuesday accused him of distributing Rs 5 crore at a hotel in Virar in Palghar district, 60 km from Mumbai, to woo voters.

In the legal notice, the BJP leader said the allegations against him were false, baseless and made with malafide intentions. He claimed that he demanded an apology from the three Congress leaders for their remarks against him in the cash-for-votes row or he would be forced to initiate criminal proceedings against them.

Just a few hours before the Assembly Elections, a video went viral on Tuesday showing BVA workers storming into the hotel in Palghar during a meeting between Vinod Tawde and Rajan Naik, the BJP candidate from the Nalasopara seat. The BVA workers alleged that Tawde was caught red-handed with Rs 5 crore cash.

In the viral video, the BVA workers were seen taking out bundles of cash from a bag, while Tawde was sitting at a distance. The BVA workers also took pictures and videos of him on their phones. Amid these allegations, BVA leaders said that Rs 5 crore cash was distributed, an election official on Tuesday said Rs 9.93 lakh cash was recovered from the hotel rooms.

However, Vinod Tawde denied the allegation, saying he was only providing guidance to party workers on poll procedures and said he was not stupid enough to distribute money at his opponent’s hotel. Speaking to the media, he said that the Vivanta Hotel is owned by the Thakurs, and he is not stupid to go to their hotel and distribute money there.

The Police registered two FIRs against Tawde, BJP candidate Naik and others in connection with the controversy. Additionally, the Election Commission filed three FIRs against Tawde.

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