Judiciary shouldn't override public policy: Court backs slum rehab on open land
The Bombay High Court has refused to strike down a provision under the Development Control and Promotion Regulations (DCPR) 2034, which allows the use of public open spaces for slum redevelopment projects. The court said that decisions related to urban planning should be left to the authorities and not the judiciary unless there is a clear violation of legal or constitutional principles.advertisementA bench of Justices Amit Borkar and Somasekhar Sunderasan delivered the verdict while hearing a petition filed by an alliance of NGOs in 2002. The petition challenged the use of open spaces, meant for parks, gardens, and playgrounds, for slum rehabilitation schemes. The petitioners argued that the policy went against the principles of sustainable development and the public trust doctrine, which protects public assets from private use.The court examined regulation 17(3)(D)(2) of the DCPR 2034, which permits reserved open spaces above 500 square metres to be used for slum redevelopment. The policy requires that at least 35 per cent of the ground area be left vacant and continue to serve public purposes.
The bench said, "The regulation shows a sincere attempt to balance two competing rights, exactly as the Constitution requires. It supports a vision of environmental well-being that also respects human dignity, and promotes a model of urban growth that includes the poor, rather than pushing them to the city's margins."advertisementIt also said that courts must respect the limits of judicial review. "This does not mean that courts have no role. As constitutional protectors, courts must step in where a policy violates the law, infringes fundamental rights, or is arbitrary and unfair," the bench added."But, even while doing so, the court must remain within the boundaries of judicial review and avoid functioning as a policymaking authority, particularly when the government has followed due process and attempted to balance competing interests in an open and fair manner," the court further said.Earlier, the High Court had passed an ad-interim order restraining the government from approving any new slum rehabilitation schemes on such lands without court permission. The interim order remained in effect for nearly two decades, during which time several developers and housing societies had to approach the court to seek relief.Must Watch
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India Gazette
38 minutes ago
- India Gazette
PM Modi inaugurates, lays foundation stone of development works worth over Rs 5,200 crore in Bihar's Siwan
New Delhi [India], June 21 (ANI): Prime Minister Narendra Modi inaugurated and laid the foundation stone of multiple development projects worth over Rs 5,200 crore in Bihar's Siwan on Thursday, as per a release from the Prime Minister's Office. Extending greetings to all present, the Prime Minister paid respects to Baba Mahendra Nath and Baba Hans Nath, and invoked the sacred presence of Sohgara Dham. Describing Siwan as an inspiring land in India's freedom struggle, PM Modi underlined that this land has empowered the nation's democracy and strengthened the Constitution. He highlighted that Siwan gave the country a great son in Dr. Rajendra Prasad, who played a pivotal role in both drafting the Constitution and guiding the country's direction. The release said that the Prime Minister further acknowledged Siwan's contribution in the form of a great social reformer, Braj Kishore Prasad, who dedicated his life to the cause of women's empowerment. Modi expressed happiness that the mission of such great souls is being advanced with strong resolve by the Union and State governments. He stated that today's programme is a part of these continued efforts. The Prime Minister announced that projects worth thousands of crores of rupees were inaugurated and foundation stones laid from the same platform, emphasising that these developmental initiatives will lead Bihar toward a brighter future and contribute to building a prosperous state. Modi remarked that the projects will play a major role in the growth of regions like Siwan, Sasaram, Buxar, Motihari, Bettiah, and Arrah. He highlighted that these initiatives will ease the lives of the poor, the deprived, Dalits, Mahadalits, backwards and extremely backwards communities and extended warm congratulations to the people of Bihar for these projects, the PMO release said. Stating that he had just returned from a foreign visit, Modi shared that during the tour, he engaged in discussions with leaders of some of the world's most developed nations. He highlighted that global leaders are deeply impressed by India's rapid growth. The Prime Minister remarked that these leaders see India emerging as the world's third-largest economic powerhouse and affirmed that Bihar will play a major role in this transformation. 'A prosperous Bihar will significantly contribute to the country's overall development', described Modi, attributing the confidence to the strength and capability of the people of Bihar. The Prime Minister commended the people for eradicating the era of lawlessness in the state. He observed that today's youth in Bihar know the state's condition two decades ago only through stories and anecdotes. Pointing out that they may not fully grasp the extent of deterioration caused during that period of misrule, PM Modi emphasized that Bihar, which led India's progress for centuries, had once become a symbol of forced migration due to the grip of previous regimes, it said. Emphasising that for every resident of Bihar, self-respect is paramount, the Prime Minister remarked that my Bihari brothers and sisters demonstrate remarkable resilience, succeeding even in the most difficult circumstances. He asserted that they never compromise on their self-respect. However, the Prime Minister noted that the previous regimes severely hurt Bihar's pride. He criticized these regimes of rampant corruption, which turned poverty into Bihar's misfortune. Despite numerous challenges, he said, under the leadership of Nitish Kumar, the present government has brought Bihar back on the path of development. Modi cited that in the last 10-11 years, approximately 55,000 kilometers of rural roads have been constructed in Bihar. He added that over 1.5 crore homes have been provided with electricity connections while 1.5 crore households have received water connections. Modi noted that more than 45,000 Common Service Centres have been established across the state, highlighting that new start-ups are now emerging in small towns across Bihar. Noting that the momentum of Bihar's development continues to accelerate, Modi cautioned that elements responsible for previous lawlessness are now seeking an opportunity to regain control of the government and Bihar's economic resources. He stated that these groups are resorting to various tactics to achieve their goals. The Prime Minister urged the people of Bihar to remain highly vigilant, emphasising the need to keep those who are poised to derail the journey toward a prosperous Bihar far away. The Prime Minister remarked that while the country has long heard slogans about eradicating poverty, their government has demonstrated that poverty can indeed be reduced. 'In the past decade, a record 25 crore Indians have overcome poverty', highlighted Modi, pointing out that globally renowned institutions like the World Bank have praised India's achievement. He noted that Bihar and, particularly, the government under Nitish Kumar, have played a significant role in this national success. Previously, the Prime Minister stated, more than half of Bihar's population fell into the category of extreme poverty. However, in the last ten years, nearly four crore people in Bihar have overcome poverty. Pointing out that even decades after independence, millions remained poor not due to a lack of effort, but because they had no path forward, Modi attributed this to the long-standing license raj under the previous regime, which, he said, kept the nation poor. He noted that during that time, every service and opportunity was bound by rigid quota-permit systems, requiring even the smallest tasks to be approved. The Prime Minister stated that under the rule of previous governments, the poor were denied housing, while middlemen siphoned off ration supplies. He emphasized that healthcare remained out of reach for the poor, and education and employment were constant struggles. The Prime Minister observed that citizens had to make countless visits to government offices just to secure electricity or water connections. He added that getting a gas connection required an MP's recommendation, and jobs were inaccessible without bribery or influence. Stating that the worst affected by this system were primarily people from Dalit, Mahadalit, backward, and extremely backward communities, Modi said that while these sections were shown dreams of poverty eradication, a handful of families became millionaires and billionaires in the process. 'Over the past 11 years, our government has remained committed to removing every obstacle from the path of the poor. As a result, visible and impactful outcomes are now emerging', said Modi. He remarked that over the last decade, more than 4 crore poor families across the country have received pucca houses under government initiatives and an additional 3 crore homes are set to be constructed in the coming years. Modi emphasized that this development has significantly benefited the poor, Dalits, Mahadalits, backward classes, and extremely backward families in Bihar. Under the Pradhan Mantri Awas Yojana, more than 57 lakh pucca houses have been built in the state alone. In Siwan district, the Prime Minister pointed out, over 1.10 lakh homes have already been constructed for the poor and affirmed that this work is ongoing without interruption. He stated that housing installments were disbursed today for over 50,000 families in Bihar. Modi expressed particular satisfaction that a majority of these houses are registered in the names of mothers and sisters. He noted with pride that women who traditionally never had property in their names are now becoming proud homeowners. Highlighting that the government is providing not only housing but also free ration, electricity, and water facilities to the poor, the Prime Minister remarked that over the past years, more than 12 crore new households across the country have been connected with tap water. He noted that in Siwan district alone, over 4.5 lakh families received tap water for the first time. Modi stated that the government is working with the objective of ensuring tap connections in every rural household and adequate drinking water in urban areas. He pointed out that in recent years, multiple pipeline and sewage treatment projects have been executed in various cities of Bihar. He added that new pipeline and sewage treatment plants have now been approved for dozens more towns. 'All these projects will significantly enhance the quality of life for poor and middle-class families', underlined the Prime Minister. Strongly criticising the track record of the previous dispensation, Modi stated that their actions have consistently been anti-Bihar and anti-investment. He remarked that whenever these parties speak of development, people are reminded of locked shops, stalled businesses, and crippled industries. The Prime Minister asserted that this is why such parties have never been able to win the trust of Bihar's youth. He stated that these parties have historically promoted dilapidated infrastructure, mafia rule, lawlessness, and corruption. The Prime Minister remarked that the talented youth of Bihar are closely observing and evaluating the work being done on the ground. He cited the Marhowra Locomotive Factory as a prime example of the NDA's development model in Bihar. He announced that the first engine manufactured at the Marhowra factory is being exported to Africa, marking a historic milestone. Modi emphasized that this factory stands in the Saran district, which was once dismissed as backward by the previous regime. He stated that today, this very district has earned a place on the global manufacturing and export map. Criticizing previous regimes for stalling Bihar's growth engine, the Prime Minister highlighted that an engine made in Bihar will now power trains in Africa, calling it a moment of immense pride. The Prime Minister expressed strong confidence that Bihar will emerge as a major hub for 'Made in India' manufacturing. He added that not only will local produce like makhana, fruits, and vegetables reach international markets, but goods manufactured in Bihar's factories will also find global demand. 'The products created by Bihar's youth will strengthen the vision of an Atmanirbhar Bharat', stated Modi. Underlining that the modern infrastructure being developed in Bihar will play a crucial role in the state's progress, the Prime Minister remarked that unprecedented investment is being made in roads, railways, air travel, and waterways across Bihar. He noted that Bihar is consistently receiving new trains, including state-of-the-art Vande Bharat trains. Modi also announced a major milestone, stating that before the onset of Sawan, the land of Baba Hariharnath has now been connected to the land of Baba Gorakhnath through the new Vande Bharat Express. He added that the new Patna-Gorakhpur Vande Bharat train offers a modern travel option to devotees of Lord Shiva in Purvanchal. The Prime Minister emphasized that this train also serves as a vital link between the land of Lord Buddha's penance and his Mahaparinirvana site, Kushinagar. The Prime Minister remarked that such efforts will not only boost industrial and commercial activity in Bihar, but will also greatly benefit the tourism sector. He stated that these developments will help Bihar shine more prominently on the global tourism map. He stressed that as a result, countless employment opportunities will be created for the youth of Bihar. Affirming that the spirit of the Constitution is to ensure equal opportunities for all and eliminate discrimination, Modi reiterated the government's commitment to this principle through the mantra of 'Sabka Saath, Sabka Vikas'. He contrasted this with the approach of the previous regime, stating that their politics is centered around 'family-first' development, serving only their own interests. He criticised them for harming the interests of millions of families in Bihar and across the country for the sake of their own families. The Prime Minister emphasized that Dr. B.R. Ambedkar stood firmly against such dynastic politics, and accused these parties of repeatedly insulting his legacy. He referred to a recent incident involving another party, where Dr. Ambedkar's photograph was allegedly disrespected, and noted that posters demanding an apology have appeared across Bihar. However, he expressed doubt that any apology would be offered, stating that these parties lack genuine respect for Dalits and Mahadalits. Modi remarked that while previous dispensations place Dr. Ambedkar's image at their feet, he holds Dr. Ambedkar in his heart. He accused them of trying to portray themselves as greater than Dr. Ambedkar by dishonoring him and asserted that the people of Bihar will never forget this insult to Baba Saheb. The Prime Minister remarked that the launching pad required for Bihar's rapid progress has already been prepared through the efforts of Nitish Kumar. He emphasized that it is now the responsibility of their alliance to work together and take Bihar to new heights of development. Modi expressed full confidence in the youth of Bihar, stating that together, they will restore the state's ancient glory and transform Bihar into a powerful engine of a developed India. He concluded by extending his best wishes for the ongoing development initiatives, it added. The Governor of Bihar, Arif Mohammed Khan, Chief Minister of Bihar, Nitish Kumar, Union Ministers Rajiv Ranjan Singh, Jitan Ram Manji, Giriraj Singh, Chirag Paswan, Nityanand Rai, Ram Nath Thakur, Dr. Raj Bhushan Choudhary, Satish Chandra Dubey were present among other dignitaries at the event. (ANI)
United News of India
2 hours ago
- United News of India
Telangana Guv participates in West Bengal state Foundation day celebrations held in Raj Bhavan
Hyderabad, June 20 (UNI): Telangana Governor of Jishnu Dev Varma participated in the West Bengal State Foundation Day celebrations held at Raj Bhavan, here on Friday . The event showcased the rich cultural heritage of West Bengal, with active participation from Bengali associations based in Hyderabad. The celebration featured traditional classical and folk dance performances by Bengali artists, bringing vibrancy and grandeur to the occasion. In his address on the occasion, the Governor paid homage to the illustrious legacy of West Bengal, lauding its immense contributions to the nation's cultural, intellectual, and spiritual landscape. He underscored the strong historical and cultural ties between Bengal and Telangana, and emphasised the importance of such celebrations in promoting national unity through the spirit of Ek Bharat, Shreshtha Bharat. Reflecting on Bengal's enduring impact on India's journey, the Governor said that the state has produced towering figures in literature, philosophy, social reform, and the freedom movement. He recalled that the national song "Vande Mataram", which inspired millions during the freedom struggle, and the national anthem "Jana Gana Mana"—composed by Gurudev Rabindranath Tagore—both originated from Bengal. Quoting a famous remark, he said, 'What Bengal thinks today, the nation thinks tomorrow.' Acting Chief Justice of the High Court of Telangana, Justice Sujoy Paul, in his address, paid tribute to the legacy of Justice Ashutosh Mukherjee, an eminent jurist and former Vice Chancellor. He also noted that the first Indian judge of the High Court was a Bengali, underlining Bengal's historic contributions to India's judicial and academic spheres. Justice Ms Moushumi Bhattacharjee, Judge, High Court of Telangana; Sabyasachi Ghosh, Special Chief Secretary to Government; and M. Dana Kishore, Principal Secretary to the Governor, also spoke on the occasion. The event witnessed enthusiastic participation from several Bengali dignitaries, Raj Bhavan officers and staff, and members of the Bengali community residing in Hyderabad, making it a memorable and inclusive celebration. UNI KNR SSP
Time of India
2 hours ago
- Time of India
Centre increased reservation for minorities: Hebbalkar
Udupi: "The central govt has increased the reservation for minorities in the housing scheme by 5%. The state govt has only approved this. In this matter, BJP members are unnecessarily finding fault," said Laxmi Hebbalkar, minister of women and child development. Speaking to reporters on Friday, the minister said there are no other issues left before the BJP for political debate. Initially, they criticised the guarantee schemes, claiming they would not succeed. Even after we won 136 seats, they said the govt wouldn't last six months, she said. Responding to the NSUI's objection to Hindutva orator Chakravarthy Sulibele's lecture in Kundapura, the minister said, "Chakravarthy Sulibele is a king of lies. He speaks of the Ramayana, Bhagavad Gita, and Mahabharata, but everyone in Karnataka knows the extent of his lies. He is adept at turning black into white and vice versa." "The Congress party has provided all kinds of freedoms, including freedom of speech. In the history of the country, Congress is the party that upheld the Constitution," the minister remarked. "We do not need lessons from Chakravarthy Sulibele. It was learnt from police that Sulibele will be in Udupi for three days. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch CFD với công nghệ và tốc độ tốt hơn IC Markets Đăng ký Undo He is certainly free to travel, but should refrain from making hate speeches, spreading lies, or sowing seeds of discord," said Hebbalkar. Reacting to BJP MLAs' criticisms, the minister said that on one hand, the BJP incites communalism, while claiming they do not. "On the other hand, they oppose the anti-communal forces. When you see BJP legislators with such a mindset, the people of Udupi can understand their mentality," the minister criticised the district's BJP legislators. 'District is prepared' Since there are signs that this year will see more rain than usual, I have instructed to take precautionary measures to control any rain-related incidents, she said. The minister stated that the government is prepared, regardless of the amount of rain. Minister Hebbalkar performed the groundbreaking ceremony for the construction of a new vaccine storage building on the premises of Udupi District Hospital. Udupi MLA Yashpal Suvarna, District Guarantee Scheme Implementation Committee chairman Ashok Kodavoor, Udupi block Guarantee Scheme Committee chairman Ramesh Kanchan, Udupi City Municipal Council president Prabhakar Poojary, deputy commissioner Swaroopa TK, ZP CEO Prateek Bayal and DHO Dr Basavaraj Hubballi were present.
