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United News of India
7 days ago
- Business
- United News of India
SC upholds UPSIDC's land cancellation to Kamala Nehru Memorial Trust
New Delhi, May 30 (UNI) The Supreme Court on Friday upheld the decision of the Uttar Pradesh State Industrial Development Corporation (UPSIDC) to cancel a 125-acre land allotment to the Kamala Nehru Memorial Trust (KNMT), citing payment defaults and systemic flaws in the process of land allocation. A Bench comprising Justices Surya Kant and N. Kotiswar Singh rejected the Trust's appeal against the 2017 judgment of the Allahabad High Court, which had affirmed the cancellation of the allotment originally made in September 2003 and annulled in December 2006. While dismissing the appeal, the Apex Court delivered a sharp rebuke to UPSIDC, observing that the land was allotted 'within just two months' and 'without any proper evaluation of public benefit". The Court held that such allocation practices violated the Public Trust Doctrine, which mandates that state-held resources be allocated transparently, with due diligence, and solely for the benefit of the public. 'The Doctrine requires that allocation decisions be preceded by a thorough assessment of public benefits, beneficiary credentials, and safeguards ensuring continued compliance with stated purposes,' the Court said. The Bench criticised UPSIDC for failing to adopt a transparent and competitive process in allocating such a large tract of industrial land. 'This betrays the fiduciary relationship between the State and its citizens,' the Court remarked, stressing that state authorities must ensure accountability in managing public assets. The judgment noted that no verifiable evidence was considered by UPSIDC regarding the economic benefits, employment potential, environmental impact, or alignment with regional development objectives before making the allotment to the Trust. 'Such lapses not only deprived the public exchequer of potential revenue due to the appreciated value of the land but also created a system where privileged access supersedes equal opportunity,' the Court observed. The Supreme Court further flagged concerns over UPSIDC's eagerness to re-allocate the land to another entity during the pendency of the litigation. 'We, therefore, consider it necessary to examine whether UPSIDC's procedure for industrial land allotment meets standards of administrative propriety, particularly in light of the Public Trust Doctrine mandating that public resources be managed with due diligence, fairness, and in conformity with public interest,' the Court said. In a judgment authored by Justice Surya Kant, the Court laid down binding directions to reform the process of industrial land allotment in Uttar Pradesh. It directed, 'The State Government of Uttar Pradesh and UPSIDC are directed to ensure that any such allotment in the future be made in a transparent, non-discriminatory and fair manner by ensuring that such allotment process fetches maximum revenue and also achieves the larger public interest like industrial development priorities, environmental sustainability, and regional economic objectives.' Also, the Court asked that the subject land be re-allotted strictly in accordance with the procedure above. The Court directed UPSIDC for transparent, non-discriminatory Industrial Land Allocation in Uttar Pradesh. UNI SNG RN
The Hindu
27-05-2025
- Politics
- The Hindu
Does India's alleged forced repatriation of Rohingya refugees breach international law?
Earlier this month, reports surfaced alleging that Indian authorities had transported dozens of Rohingya refugees to the Andaman and Nicobar Islands and subsequently abandoned them in international waters, in an attempt to deport them to Myanmar. However, on May 16, a Supreme Court Bench comprising Justices Surya Kant and N. Kotiswar Singh declined to pass any interim order to halt the purported deportation. The Court also cast doubt on the credibility of the evidence submitted before it. Meanwhile, the United Nations has launched an inquiry into the incident and has called on the Indian government to cease the inhumane and life-threatening treatment of Rohingya refugees, including their repatriation to perilous conditions in Myanmar. Does India's alleged forced repatriation of Rohingya refugees constitute a violation of international law? Does the deportation of refugees without adherence to due process infringe upon constitutional protections? In the absence of treaty ratification, is India nonetheless bound by the customary international law principle of non-refoulement? What policy reforms are needed to ensure a humane and rights-compliant refugee framework in India? Guest: Colin Gonsalves, senior advocate and founder of Human Rights Law Network (HRLN) Host: Aaratrika Bhaumik Edited by Jude Francis Weston For more episodes of In Focus:
United News of India
22-05-2025
- Politics
- United News of India
BJP-led Delhi govt moves SC to withdraw seven cases filed by previous AAP regime challenging LG's role
New Delhi, May 22 (UNI) The BJP-led Delhi Government has approached the Supreme Court seeking to withdraw seven petitions filed during the tenure of the previous Aam Aadmi Party (AAP) regime challenging the constitutional authority and role of the Lieutenant Governor (LG) in various government bodies and decisions. Appearing before a bench comprising Justice Surya Kant and Justice N. Kotiswar Singh, Additional Solicitor General (ASG) Aishwarya Bhati informed the court that the Delhi Government now seeks to withdraw all seven pending cases. 'These matters should not trouble this Court anymore,' submitted ASG Bhati while requesting the court to take the withdrawal request on record. Responding to the submission, the Supreme Court bench directed the matter to be listed on Friday for further consideration. One of the seven cases included in the withdrawal plea relates to the Supreme Court's earlier stay on the National Green Tribunal's (NGT) direction that had appointed the Lieutenant Governor of Delhi as the Chairman of a High-Level Committee constituted for the rejuvenation of the Yamuna River. The AAP government, under whose tenure the appeal was filed, had challenged this appointment under Section 22 of the NGT Act, contending that the order violated the constitutional scheme governing Delhi's administration. It argued that the LG is only a constitutional figurehead, with real executive power limited to three subjects: police, public order, and land and therefore, the NGT's decision undermined the elected government's authority. The Supreme Court will now consider the BJP-led government's request to formally withdraw the cases on the next scheduled hearing. UNI SNG RN
United News of India
06-05-2025
- Politics
- United News of India
SC orders Maharashtra SEC to notify local body elections within four weeks
New Delhi, May 6 (UNI) The Supreme Court on Tuesday directed the Maharashtra State Election Commission (SEC) to issue a notification for holding local body elections within four weeks. A bench of Justice Surya Kant and Justice N. Kotiswar Singh also clarified that the issue of OBC reservation in these elections will be dealt with as it existed before the 2022 Banthia Commission report. The top court accepted the Banthia Commission's recommendation, which had suggested that a census be conducted to gather accurate data on Other Backward Classes (OBCs), and had proposed 27 percent reservation for OBCs in local body elections. However, the Court said that until the triple test criteria laid down in its earlier 2010 judgment are fully met, these reserved seats will continue to be treated as general category seats. The bench set a four-month deadline for the completion of the election process and allowed the SEC to seek more time if needed. It also clarified that the results of these elections will depend on the outcome of pending cases related to OBC reservation in the Supreme Court. This decision came in response to a plea filed by the Maharashtra government, which had sought to reverse an earlier Supreme Court order. That order had prevented the State Election Commission from restarting the election process for 367 local bodies, where polling had already begun, to accommodate OBC reservations. Previously, the Maharashtra government issued an ordinance granting 27% reservation to OBCs in local elections. The government then approached the top court asking it to allow changes in the election process. However, the Supreme Court had earlier warned the SEC of contempt if it moved forward without following legal procedures. In 2021, the Supreme Court had struck down the SEC's attempt to implement OBC reservation without completing the triple test, which requires a dedicated commission to collect data on OBC backwardness in each local body, a clear determination of how much reservation is justified, and ensuring the total reservation for SC, ST, and OBCs does not exceed 50%. The court reiterated that there can be no OBC reservation in the 367 local bodies, including 92 municipal councils and 4 nagar panchayats, where the election process had already started when the court put the process on hold in August 2022. UNI SNG CS
The Hindu
02-05-2025
- Politics
- The Hindu
Supreme Court protects family facing deportation to Pakistan, asks authorities to verify documents
The Supreme Court on Friday (May 2, 2025) asked authorities to not take coercive action such as deportation to Pakistan against six members of a family, who allegedly overstayed their visa, till an order on verification of their identity documents. The family members are residents of Kashmir and their son works in Bengaluru. They are facing deportation to Pakistan following the Pahalgam terror attack in which 26 people lost their lives. Observing that the issue involves a human angle, a bench of Justices Surya Kant and N. Kotiswar Singh gave the family the liberty to approach the Jammu and Kashmir high court in case they are aggrieved by the document verification order. The top court was hearing a plea by Ahmed Tarek Butt and his five family members who claimed they were detained and taken to the Wagah border for deportation to Pakistan despite having valid Indian documents. The bench noted that following the Pahalgam attack, the Centre in a notification dated April 25 has revoked the visa of Pakistani nationals except for those provided in the order itself and gave a specific timeline for their deportation.
