Latest news with #NitinSambre
Time of India
21-05-2025
- Business
- Time of India
HC: Notary Attested Affidavits Valid for Govt Tenders Unless Magistrate Clause Explicit
Nagpur: In a significant ruling set to streamline govt bidding procedures, the Nagpur bench of Bombay high court has ruled that affidavits attested by a notary public are sufficient for participation in public tenders, unless an explicit requirement for magistrate attestation is stated in the bid document or related policy. A division bench of justices Nitin Sambre and Vrushali Joshi quashed the disqualification of a Yavatmal contractor, who was barred from a Rs55 lakh tender issued by the Vidarbha Irrigation Development Corporation (VIDC) for submitting an affidavit attested by a notary instead of a magistrate. "The petitioner executed the affidavit in compliance with statutory provisions," the bench noted, adding that VIDC's rejection of the bid amounted to a 'complete non-application of mind'. The petitioner, represented by counsel Tejas Deshpande, had bid for furnishing and repair work under the Wardha Barrage (Hadgaon) Lift Irrigation Scheme. He submitted an affidavit on Rs100 stamp paper, duly notarised in Form 6 format. However, on April 15, 2025, VIDC rejected his bid citing Clause 13(vi)(7) of the tender, which officials claimed mandated attestation by an executive or district magistrate. Deshpande argued that the said clause made no such specification and that a govt resolution issued on October 18, 2023, also did not insist on a magistrate's attestation. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch vàng CFDs với sàn môi giới tin cậy IC Markets Tìm hiểu thêm Undo The court concurred, affirming that the Notaries Act, 1952, empowers notaries to administer oaths and validate affidavits, making notarised documents legally enforceable. The bench observed that VIDC effectively imposed a requirement that did not exist in either the tender conditions or state policy, thereby arbitrarily excluding a valid bid. It directed the agency to open and consider the petitioner's financial proposal. "Our observations lead to drawing the only conclusion that the petitioner complied with the tender condition and by no stretch of imagination leads to any other inference that the affidavit sworn before the notary cannot be equated with that of the affidavit sworn before the executive/district magistrate. The latter are appointed under the criminal law and it is not that any special powers are conferred on them while giving the oath or affirmation to that effect," the judges said. The ruling is expected to curb discretionary disqualifications by state agencies and clarifies that notarised affidavits, unless explicitly disallowed, meet the legal standard for tender compliance , Deshpande said.
Time of India
21-05-2025
- General
- Time of India
As nearly 400 trees face axe, civic body assures 7.7k compensatory plantations
1 2 Nagpur: A total of 396 heritage and non-heritage trees are proposed to be felled or transplanted across multiple govt project sites in Nagpur, the Nagpur Municipal Corporation (NMC) informed the Nagpur bench of Bombay high court recently. The civic body has assured compensatory plantation of 7,717 trees. The information was submitted through an additional affidavit filed by advocate Jemini Kasat, in response to a PIL, which challenged large-scale tree cutting for development projects without public consultation or ecological scrutiny. According to the affidavit, the NMC's tree authority reviewed and granted permissions under Section 8 of the Maharashtra (urban areas) protection and preservation of trees Act, 1975. The affidavit lists six proposals, including major projects at Indira Gandhi Government Medical College and Hospital (IGGMCH), Government Medical College and Hospital (GMCH), and the Divisional Sports Complex in Mankapur. At IGGMCH's mortuary, 13 non-heritage trees were approved for felling with a requirement to plant 303 new trees. For the GMCH Super Speciality C-Wing, permission was given to remove 67 non-heritage and 7 heritage trees, with 2,035 new trees to be planted. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Viral Video: मृत्यू कसाही येऊ शकतो! सीसीटीव्हीत कैद झाली काळीज पिळवटणारी घटना Latest News Read More Undo IGGMCH nursing college and hostel project received clearance to cut 103 non-heritage and 26 heritage trees, and transplant two heritage trees, with a plantation requirement of 1,628 trees. One heritage tree at the DPDC e-library was allowed transplantation following concerns raised by a structural expert. NMC stated it will act on expert advice and ensure 188 trees are planted in compensation. On the collectorate premises, 21 heritage and non-heritage trees each are proposed to be felled, while one non-heritage tree will be transplanted, against a compensatory requirement of 1,735 trees. A major pending application by deputy director of sports seeks to cut 307 non-heritage and 58 heritage trees at the Divisional Sports Complex in Mankapur. The affidavit notes this proposal is under review. "Permissions were granted to fell trees in three cases with a condition of planting 3,966 trees. IGGMCH and GMCH have already issued tenders for engaging plantation agencies," the NMC submitted. The affidavit includes tree authority resolutions, structural consultant reports, and tender documents. The PIL remains under consideration as petitioners seek stricter safeguards before sanctioning large-scale tree clearances for urban projects. BOX HC demands survival audit of compensatory trees in 10 years The Nagpur bench of Bombay high court instructed the Nagpur Municipal Corporation (NMC) to perform an audit examining the survival rate of compensatory trees planted during the previous decade and present findings on their current status. Justices Nitin Sambre and Vrushali Joshi issued this directive whilst reviewing a PIL submitted by activist Preeti Patel and three others. The petitioners contend that the civic authority sanctioned the removal of 1,374 trees for developmental initiatives while disregarding essential Tree Act stipulations. "Tree plantations are routinely promised as compensation after large-scale felling, but how many of these survive is never made public. This defeats the very purpose of compensatory afforestation," the petition filed through counsel Mrinall Chakravorty stated. The document also noted the lack of a comprehensive tree census since 2011, absence of proper compensatory planting strategies, and unavailability of a public development master plan. Following NMC's presentation of tree removal and replacement details by counsel Jemini Kasat, the court mandated the civic body to submit an audit-based status report before the next hearing on June 13. The judiciary emphasised its support for progress whilst stating, "If trees must be cut for genuine public work, that may be done. But authorities must also take responsibility to ensure the survival of compensatory plantations. As per law, such trees must be kept alive for at least seven years." Earlier hearing on April 29 saw the HC temporarily halting the planned removal of 1,374 trees across various city locations, questioning the practice of compensatory planting in forested regions like Gorewada to replace urban trees. The affected sites included the Mankapur sports complex, the collectorate, and the divisional commissioner's complex.
Time of India
03-05-2025
- Business
- Time of India
HC To Examine Legal Liability Over Nagpur-Katol Highway Project Delay
Nagpur: Taking serious note of extended public sufferings due to continued delay in widening of Nagpur-Katol highway, Nagpur bench of Bombay high court on Friday decided to examine whether persistent inconvenience caused to the public attracts legal consequences under Motor Vehicles Act. The project, stalled for over a year and a half now, has left commuters facing hardships for nearly five years. A division bench of Justices Nitin Sambre and Vrushali Joshi was hearing a PIL (No. 27/2025) filed by Dinesh Thakre and another petitioner against Union of India, National Highways Authority of India (NHAI), and others, including two private contractors involved in the incomplete four-laning of the 49.9-km stretch. According to the petition, NHAI awarded the contract in September 2021 to Agarwal Global Infrastructure and Joint Stock Company Industrial Association. The project was originally due for completion by October 28, 2023. However, citing concerns over environmental clearance related to a wildlife corridor, the contractors halted work, which has not resumed since. The court noted that there was no formal embargo from the forest department preventing work. It observed lapses both on the part of NHAI and the contractors, who failed to complete the project in time and has not filed a reply despite being served notice. NHAI, however, submitted that all required permissions were received by September 28, 2023, and the contractors were offered opportunity to resume work, which they did not act upon. Though the court considered the petitioners' request — supported by NHAI counsel — for imposing exemplary costs on the contractors, it deferred the decision after the contractors' lawyer sought time to file reply by May 5. Earlier on April 23, the high court had imposed a cost of ₹5,000 each on urban development department, public works department, principal chief conservator of forests, deputy conservator of forests, and range forest officer for failing to submit their responses. On Friday, the court recalled that cost order for respondents 3 to 7 after reviewing their explanations. The bench also directed govt pleader and senior advocate Deven Chauhan to assist in examining whether the prolonged failure to execute contractual obligations amounts to a legal offence, especially in view of the extended public sufferings. The matter is now scheduled for further hearing on May 6.
Time of India
03-05-2025
- Time of India
HC deplores overcrowding in jails, gives state 2 wks to submit data on staff shortage
Nagpur: Expressing concern over deteriorating conditions in Maharashtra's overcrowded prisons, the Nagpur bench of Bombay high court has given the state two weeks to submit detailed data on staff shortage, recruitment timelines, and the per-inmate expenditure in jails across the state. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai A division bench of Justices Nitin Sambre and Vrushali Joshi, hearing a criminal writ petition filed by Nanded-based undertrial Sachin Lone, took exception to the incomplete affidavits filed by the state's principal secretary (appeals & security) and the special inspector general of prisons. The court said it was "compelled" to consider issuing contempt notices, observing that officials "intentionally avoided" complying with its March 20 order directing submission of prison-wise staffing data, vacancy percentages, and details of the last official review of staffing needs. The judges flagged the systemic understaffing plaguing prisons Bombay high court observed that "almost every prison in Maharashtra is overcrowded" and in some facilities "the number of inmates lodged is double the sanctioned capacity". They said this burden compromises prison administration and leads to delays in decision-making, especially on prisoners' applications. "Recruitment underway will only address 25% of the vacancies. Still, around 15% will remain unfilled, for which immediate steps are necessary," the bench said, referring to the state's own affidavit that cited a 40% shortfall in sanctioned staff strength. Justice Sambre also referred to his recent official visit to Nagpur Central Jail with SC judge and SC Legal Services Authority chairman Justice Bhushan Gavai. "We found the staff-to-inmate ratio alarming. The number of sanctioned staff itself is inadequate, and vacancies only worsen the situation. Prisoners were found to be suffering from skin ailments and infections. We were told medical staff was insufficient, forcing reliance on govt hospitals," he said. The judges stressed that all jails must have 24x7 availability of medical personnel, including physicians and psychiatrists, and cited Supreme Court's landmark Sunil Batra versus Delhi administration judgment affirming prisoners' fundamental rights. Citing the India Justice Report-2025, the petitioner's counsel Ratna Singh, assisted by Arpit Wagide, pointed out that Maharashtra spends just Rs 47 per inmate daily, compared to Rs733 in Andhra Pradesh. While the court said it was not accepting those figures as accurate, it directed the state to disclose its actual per-prisoner expenditure. The HC also criticised the state's failure to provide cadre-wise vacancy data. The next hearing is slated on May 6.
Time of India
03-05-2025
- Politics
- Time of India
Maha jails cramped at double capacity amid 40% staff shortage, HC gives 2-week ultimatum
Nagpur: Raising concern over deteriorating conditions in Maharashtra's overcrowded prisons, the Nagpur bench of Bombay high court recently gave a two-week ultimatum to state govt to submit detailed data on staff shortages, recruitment timelines, and the per-inmate expenditure in jails across the state. A division bench of Justices Nitin Sambre and Vrushali Joshi, while hearing a criminal writ petition filed by Nanded-based undertrial Sachin Lone, took exception to the incomplete affidavits filed by the state's principal secretary (appeals & security) and the special inspector general of prisons. The court warned that it was "compelled" to consider issuing contempt notices, observing that officials "intentionally avoided" complying with its March 20 order directing submission of prison-wise staffing data, vacancy percentages, and details of the last official review of staffing needs. The judges flagged the systemic understaffing plaguing prisons, noting that "almost every prison in Maharashtra is overcrowded" and in some facilities, "the number of inmates lodged is double the sanctioned capacity". They said this burden severely compromises prison administration and leads to delays in decision-making, especially on prisoners' applications. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like El-bayadh: AI guru Andrew Ng recommends: Read These 5 Books And Turn Your Life Aroun... Blinkist: Andrew Ng's Reading List Undo "Recruitment underway will only address 25% of the vacancies. Still, around 15% will remain unfilled, for which immediate steps are necessary," the bench said, referring to the state's own affidavit that cited a 40% shortfall in sanctioned staff strength. Justice Sambre also referred to his recent official visit to Nagpur Central Jail with Supreme Court judge and SC Legal Services Authority chairman Justice Bhushan Gavai. "We found the staff-to-inmate ratio alarming. The number of sanctioned staff itself is inadequate, and vacancies only worsen the situation. Prisoners were found to be suffering from skin ailments and infections. We were told medical staff was insufficient, forcing reliance on govt hospitals," he said. The judges stressed that all jails must have 24x7 availability of medical personnel, including physicians and psychiatrists, and cited Supreme Court's landmark Sunil Batra versus Delhi Administration judgment affirming prisoners' fundamental rights. Citing the India Justice Report-2025, petitioner's counsel Ratna Singh, assisted by Arpit Wagide, pointed out that Maharashtra reportedly spends just Rs47 per inmate daily, compared to Rs733 in Andhra Pradesh. While the court said it was not accepting those figures as accurate, it directed the state to disclose its actual per-prisoner expenditure. The court also criticised the state's failure to provide cadre-wise vacancy data and called for urgent attention to the health and living conditions of inmates in overcrowded prisons. By way of a "last chance," the bench directed the additional chief secretary (Home) and the additional director general (prisons) to file a fresh affidavit by May 5. The next hearing is slated on May 6. BOX KEY TAKEAWAYS IN HC ORDER * Expressed concern over overcrowding, with some jails housing double their sanctioned capacity * Warned of possible contempt action for failure to comply with March 20 directives. * Highlighted poor medical care, including lack of 24x7 doctors, psychiatrists, and skin infection treatment * Quoted fundamental rights of prisoners as per Sunil Batra judgment * Granted last chance to file a detailed affidavit by May 5, or face action xxxx
