Latest news with #Section17
Time of India
08-08-2025
- Politics
- Time of India
Elderly Can Now Be Represented by Lawyers At Tribunals, says HC
Nagpur: In a verdict with sweeping implications for rights of senior citizens across India, the Nagpur bench of Bombay High Court on Wednesday declared Section 17 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, unconstitutional. The provision prohibited legal representation before maintenance tribunals, effectively denying elderly litigants access to professional legal assistance. The ruling was delivered by a division bench of Justices Anil Kilor and Vrushali Joshi in the case Baban Sukru Tambe versus Union of India and Others (Writ Petition No. 2527/2025). The petitioner not only challenged the constitutionality of Section 17, but also sought to quash an April 7 order by sub-divisional officer (SDO), Yavatmal, issued under the contested provision. Referring to earlier rulings by Kerala High Court, Delhi High Court, and the Goa bench of the Bombay High Court — all of which struck down Section 17 — the Nagpur bench aligned itself with the growing judicial consensus. "Given the consistent findings of unconstitutionality by various high courts, and the need to ensure access to justice, we find no justification to sustain Section 17," the bench observed. The court ruled the April 7 order null and void and remanded the matter back to the SDO, directing that it be heard afresh without invoking Section 17 and in line with the Goa bench's June 2025 decision in Santosh Savlaram Morajkar versus Sumitra Savlaram Moraskar. Both parties in the case have been asked to appear before the Yavatmal SDO on August 25, and the official instructed to resolve the matter within two months. The bench emphasised that banning advocates at such proceedings, especially when elderly individuals struggle with cognition, mobility, or articulation, only undermines the core principles of natural justice. "This judgment is a great relief for senior citizens," said advocate Vaibhav Edke, who appeared for the petitioner along with advocate Rishikesh Bhoyar. "Earlier, the elderly couldn't even explain their situation properly. Now, they can be represented and heard fairly," he said. Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area. Get the latest lifestyle updates on Times of India, along with Raksha Bandhan wishes , messages and quotes !
Time of India
21-07-2025
- Politics
- Time of India
Setback to state as Supreme Court declines relief to Goa govt on TCP's Sec 17(2), ODPs
Panaji: In a major setback to state govt, Supreme Court on Monday declined to grant relief to the town and country planning (TCP) department, which had sought a stay on a high court judgment concerning the Section 17(2) matter and the two outline development plans (ODPs) of Calangute-Candolim and Arpora-Nagoa-Parra. Supreme Court In March, the high court struck down the rules and guidelines of the controversial Section 17(2) of the Town and Country Planning Act, 1974, in the 'public interest'. State govt challenged the order in the Supreme Court. In June, the high court set aside govt's ODPs for five villages and directed the state to follow Regional Plan 2021 for the approval of plans and the grant of permissions in these villages. The two ODPs — Calangute-Candolim and Arpora-Nagoa-Parra — cannot operate, and the five villages of Calangute, Candolim, Arpora, Nagoa, and Parra will not be governed by them, a division bench comprising justices Bharati Dangre and Nivedita Mehta ruled. Supreme Court bench comprising justices Vikram Nath and Sandeep Mehta issued notice on the special leave petitions filed by state govt and the TCP department but proceeded to order a 'status quo' to be maintained, said Goa Foundation director Claude Alvares. 'This in effect means that all construction activities connected with the subject matters of the two judgments — and now subject matter of the appeals filed by the state — would have to remain at a standstill till the apex court disposes of the appeals,' he said. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Ranked: The 25 Best Cities To Live In The World Learn More Undo Former Odisha high court chief justice, senior advocate S Murlidhar and senior advocate Shoeb Alam appeared for Goa Foundation in the two Section 17(2) appeals filed by Goa govt and TCP. Alvares said that the court has fixed the matter for Aug 26. 'There are more than 60 respondents in the three SLPs filed by the state and TCP, since the high court judgments were passed in a batch of writ petitions and PILs, including the PILs filed by Goa Foundation,' he said.
Hans India
07-06-2025
- Politics
- Hans India
Section 4 crisis to be resolved soon; will appeal to Centre, SC: Khandre
Bengaluru: Under Section 4 of the Forest Act 1963, the government has the option to abandon the land allocated before the notification, and a special proposal will be submitted to the Centre and the Supreme Court to provide justice to the people who have built houses and are cultivating for 30-40 years after the notification, said Forest, Ecology and Environment Minister Eshwara B Khandre. Presiding over a meeting held with Chikkamagaluru district MLAs and forest and revenue department officials at Vikas Soudha, he said that a request will be submit-ted to the Supreme Court and the Centre to give an alternative to the designated forest with residential areas, patta land, etc. and the land allocated after the Section 4 notification, and to abandon this land from the forest area. In many cases, even though Section 4 has been notified for 60-70 years, Section 17 is still not in effect. After the implementation of the Forest Conservation Act of 1980, it has become difficult to abandon such forests. Therefore, it is imperative to appeal to the Center and the Supreme Court. Chikkamagaluru district is in the Western Ghats and there is a rich forest area here. There is 300-400 acres of land in a single survey number, and there is confusion because there is no joint survey. In this context, he told the officials to conduct a joint survey of forest and revenue land and try to resolve the problem quickly. The survey number in the certificate submitted to the Supreme Court as a deemed forest also includes houses, government schools, government buildings, and land plots. Now that we have finally got the opportunity to submit a report to the Supreme Court, we can submit a petition to the Supreme Court by conducting a proper survey and determining the amount of land eligible for abandonment, and by providing revenue land elsewhere as an alternative and cultivating a forest there, Ishwar Khandre Forest Minister also instructed that the deemed forest certificate, which was al-ready submitted to the Supreme Court in 2022, be uploaded on the department's of-ficial website to make it available to the public. Responding to the request of the MLAs that the current 10 km buffer zone around the bear sanctuary in Arsikere limits of Hassan district is also causing hardship to the farmers of Chikkamagaluru in the border area, the Minister said that a proposal has been submitted to reduce this limit to 1 km. He assured that this problem will be resolved soon. Forest, Ecology and Environment Minister Eshwar B Khandre, who convened a meeting to discuss the problems being faced by the common people due to Section 4 of the Forest Act and the affected forest notification in Chikkamagaluru district, was thanked by MLAs Rajegowda, Thammanna, Nayana Motamma, Srinivas and Anand who participated in the meeting. Forest Force Chief Meenakshi Negi, Chief Wildlife Warden Subhash Malkade, PCCF BP Ravi, Biswajit Mishra, Chikkamagaluru District Commissioner Meena Na-garaj and others participated in the meeting.
IOL News
04-06-2025
- General
- IOL News
Anger at WSU as students protest bail for residence manager accused of murder
Burned tyres and rocks litter the N2 outside WSU's Mthatha campus following a protest over the release of a murder suspect. Image: Facebook Three students from Walter Sisulu University (WSU) were arrested on Wednesday after a protest over the court-ordered release of a residence manager accused of murder. The protest turned violent at the institution's Mthatha main campus after news emerged residence manager Manelisi Mampane was granted a R10,000 bail by the Mthatha Magistrate's Court on Tuesday. Mampane is accused of fatally shooting student Sisonke Mbolekwa during a protest in April this year. Videos circulating on social media showed some students throwing stones at police officers who responded to the scene. IOL News previously reported that Mampane is facing charges of murder and two counts of attempted murder after two other students were also injured in the incident. Eastern Cape police spokesperson Brigadier Nobuntu Gantana confirmed the arrests and acknowledged the deep frustration in the university community following the court's decision. 'We recognise the profound distress this case has caused within the university community,' Gantana said. 'SAPS affirms the constitutional right to peaceful protest under Section 17 but emphasises our mandate to ensure public safety, protect infrastructure, and uphold the rule of law without interfering in judicial independence.' Gantana said the court determined Mampane's release under standard legal procedures, and that police have no authority over judicial decisions. She added that the murder investigation remains active, prioritised, and ongoing in collaboration with the National Prosecuting Authority (NPA). She condemned acts of vandalism, arson, intimidation, and road blockades during the protest. 'Such criminal conduct diverts critical resources from the investigation and undermines the pursuit of justice,' she said. 'Public order units remain deployed to facilitate peaceful dissent while safeguarding lives and property.' She said the three students are expected to face charges of public violence, damage to infrastructure, and damage to property. Police confiscated wheelbarrows and sponge mattresses used by protesters. Meanwhile, education activist Hendrick Makaneta also condemned the violent nature of the protest. 'These acts are not only unlawful but dangerously irresponsible,' Makaneta said. 'They put innocent lives at risk and disrupt the daily lives and livelihoods of ordinary South Africans.'
