Latest news with #Rule29
Time of India
29-04-2025
- Politics
- Time of India
Court rebuke forces NMC to withdraw footpath hoarding tender
Nagpur: In a victory for pedestrian rights , the Nagpur Municipal Corporation (NMC) withdrew its controversial tender for installing hoardings on city footpaths after the Bombay high court 's Nagpur bench ruled that such displays violate state rules. The decision came after the court, while hearing a public interest litigation, made clear that municipal policies cannot override state legislation that prioritises public safety. The tender withdrawal was conveyed on Tuesday by NMC counsel Jemini Kasat during a hearing on a PIL filed by Citizen Forum for Equality President Madhukar Kukde, represented by advocate Tushar Mandlekar. The petition challenged NMC's attempt to permit hoardings on 78 footpath locations, arguing it endangered pedestrians and violated Maharashtra's 2022 advertising rules. A division bench comprising Justices Nitin Sambre and Vrushali Joshi ruled on April 1 that hoardings cannot be allowed on footpaths, holding that the Maharashtra Municipal Corporations (Regulation and Control of the Display of Sky-Signs and Advertisements) Rules, 2022, take precedence over NMC's two-decade-old 2001 Outdoor Advertising Policy. "Legislative rules override municipal policies," the court declared, directing NMC to respond within a week on its plans to withdraw the tender. The state rules explicitly bar hoardings on footpaths and public roads, thereby rendering NMC's tender process legally unsustainable. The judges made it clear that while the 2001 policy may have been judicially approved earlier, it cannot continue to operate against the 2022 state law enacted in public interest. NMC earlier defended its policy, citing Rule 29 of the 2022 framework, which it claimed allowed continuation of past court-sanctioned practices. The civic body also referenced a committee report dated March 4, 2024—prepared under the Deputy Municipal Commissioner (Revenue)—which claimed that the proposed hoarding sites posed no threat to pedestrian movement. Based on this report, the administrator approved the tender on March 15, 2024.
Yahoo
02-04-2025
- Yahoo
More defendants in Marion County motorcycle gang murder sentenced
FAIRMONT, (WBOY) — Sentencing hearings for more defendants in the murder case involving a motorcycle gang continued Tuesday in Fairmont. In 2022, Henry Silver was gunned down at a Carolina apartment building by members of the Pagan Motorcycle Club. Six men have been charged in connection with the murder and Tuesday, Derek Clem, 30, received his sentence. After his defense attorney, Tom Dyer, made a Rule 29 motion that the verdict be set aside and both sides argued for about 45 minutes, Marion County Circuit Judge Matthew Delligatti denied Dyer's motion. Delligatti then sentenced Clem to life in prison, with mercy, on a first degree murder charge and one to five years for conspiracy. His sentences will run concurrently and he will be eligible for parole after 15 years. Elkins police officer on administrative leave after battery charge Dyer said that he plans to file a motion for a new trial. Also on Tuesday, another defendant, Dane Hull, 29, was sentenced for his role in Silver's death. Hull's counsel filed the same Rule 29 motion as Dyer and it too was denied by Judge Delligatti. Hull was sentenced to 15 years in prison on a firearm charge and one to 5 years for conspiracy. Delligatti ordered that Hull's sentences be served consecutively. Hull's attorney has filed a motion for a new trial. Hull is currently serving a sentence at Mount Olive Correctional Center for an unrelated conviction out of Ritchie County. On Monday, co-defendant Austin Mullins was also sentenced in the case. The man believed to have ordered Silver's death, John Wolfe, was sentenced to life behind bars last June. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
