Pothole Free Road is fundamental right - Bombay High Court

Year 2006-

High Court a two-judge bench in 2006 said, citizens' right to pothole-free roads is a fundamental right under right to life which creates corresponding obligation in all the authorities which are "state" under the Constitution

Year 2013 –

Bombay High Court took the suo motu PIL 
Justice Gautam Patel wrote to Chief Justice Mohit Shah to highlight the plight of motorists and pedestrians in Mumbai given the "pathetic'' condition of its potholed roads.

In a landmark interim order, the Bombay high court held that right to good roads is a fundamental right of citizens under right to life and held that it was the state's statutory obligation to provide good roads.

"It is high time that all concerned clearly understand that a right to have properly maintained roads is a part of the fundamental right guaranteed by Article 21 of the Constitution of India and in the event any loss is caused due to its violation, the citizens have a right to seek compensation,''

Bench directed the civic administrations in Mumbai, Thane and three other municipalities in Thane district, as well as the Mumbai Metropolitan Region Development Authority (MMRDA), Maharashtra State Road Development Corporation (MSRDC) and Mumbai Port Trust (MbPT) to maintain all roads under their control and keep them pothole-free.

The HC laid down a detailed mechanism outlining legal obligations of all the authorities. On the duty to maintain smooth roads, the HC directed that "it is the mandatory duty of municipal corporations and other authorities like MMRDA and MbPT to construct, maintain and improve public streets.''

Citizens have a right to complain about poor roads, especially potholes on the roads.

"There has to be a dedicated website to receive and track complaints and their effective redressal,''
"The third aspect is of the use of proper technology for the construction of the roads, for maintenance and for filling the potholes,''
"The legal obligation of MSRDC is to maintain the roads and bridges in proper condition and to repair the same effectively.

It is its obligation to address the grievances of the citizens and to ensure the same are redressed if not within 15 days, but at least within a reasonable time,''

The HC directed that the BMC and all other authorities must construct roads and fill potholes "scientifically" and while permitting digging of any road, the agency's name and duration must be prominently displayed at the site.

All municipal corporations as well as the MMRDA, MSRDC and MbPT shall provide a mechanism for citizens to complain about poor road conditions through mails and photos at designated centres, toll free numbers, and dedicated websites and SMS services through the year

The HC called for compliance with regard to a set of directions by July 6. The agencies which will have to report back include the BMC, MbPT, the MSRDC and MMRDA.

Source: http://www.realityviews.in/2015/05/bombay-high-court-pothole-free-road-is.html?m=1


Pothole-free roads and properly levelled footpaths are fundamental rights of every citizen, guaranteed under Article 21 of the Constitution, and in the event any loss caused due to its violation, the citizens have the right to seek compensation."

"It is the obligation of the authorities concerned to maintain the footpaths properly levelled and in such a condition that it can be conveniently used by pedestrians. This aspect cannot be taken lightly by any authority," the High Court said.

As of now the BMC has a helpline that operates for just four months (June 7-Oct 7). This, the court held, was not correct. The government and agencies should act on the complaint withing two weeks and post on the websites the action taken report. "Unless there is an effective mechanism provided to the citizens to file complaints they will not be in a position to enforce their constitutional as well as legal right to have well-maintained streets," the bench observed.

The court held that the authorities cannot put the blame on monsoon for the bad roads as the monsoon is normally heavy in the city. It directed the government to file affidavits to state the measures taken to ensure quality of the road maintenance works. It also directed the state and authorities to issue a circular to its officials dealing with the works that the failure to maintain the public roads, footpaths and bridges may lead to loss of precious lives, loss of valuable working hours and fuel, apart from causing inconvenience to the public. The circular should also caution that disciplinary action will be initiated against the erring officials.

The High Court will further hear the matter on July 10.


Source:

http://www.dnaindia.com/india/report-good-roads-a-fundamental-right-onus-on-maharashtra-government-to-ensure-it-bombay-high-court-2087709

Milk Adulteration to be Punishable with Life Imp.

In a significant statement with wide implications, the Centre on Wednesday told the Supreme Court that it has formed a highlevel committee to consider if to make the offence of milk adulteration punishable by life imprisonment. It has agreed to the view of the court that the present penalty of six months in jails "was hardly a deterrent" for the menace which was most acute in Delhi and Uttar Pradesh.

An affidavit in the court by Rakesh Nayal, a senior official in the Union health ministry said the panel, headed by R.K. Jain, secretary of the National Disaster Management Authority, and representatives from Food Safety and Standard Authority of India will take a decision within 45 days.

The court had on December 12, 2014 taken serious exception to Centre's refusal to amend the law to make the offence punishable with life term. 

"What are you doing about it? In March we had given an ultimatum to the Centre to inform us if you are amending the law and we are now in December,"

the Bench said when Anurag Tomar, the lawyer for the petitioner in the PIL, pointed out the delay.

"After perusing the reports submitted by various states, prima-facie we are of the opinion that milk is being laced with white paint, caustic soda, detergent, shampoo, urea, starch and blotting paper and the practice is going unabated. The Centre must come out with necessary amendment to the Act with all seriousness to curb adulteration. We hope the government will take appropriate decision during the winter session of Parliament," the court had said.

The Bench had earlier said it would be foolish to go lightly on adulterators just because no grievous illness or death has been reported immediately after someone drinks milk laced with such poisonous substances. 

"The poisoning in the body is gradual and once it happens people think they are afflicted with cancer and nobody blames milk. Are you waiting for them to add cyanide in milk? Only then instant death will be caused for you to take action," 

the court had said.

The Bench suggested an amendment to the law after the Uttar Pradesh government said they faced a hurdle in prosecuting adulterators under the IPC and seeking their life imprisonment after the Allahabad High Court ruled in 2010 that the IPC cannot be invoked when the FSSA should prevail.

Source: India Today

Source: http://indiatoday.intoday.in/story/milk-adulteration-life-imprisonment-centre-health-ministry-supreme-court-rakesh-nayal-fssai/1/416991.html

PIL-WP questioning the Logic of Petroleum Pricing - Hon'ble Karnataka HC issues Notices

The Public Interest litigation (PIL) - writ petition filed in the Hon'ble Karnataka High Court  by NP Amrutesh, and presented by Senior Advocate SP Shankar, has questioned the unreasonable profits made by the government from sale of petroleum products.

And argues in favour of a sharp drop in retail price of diesel, petrol and LPG to benefit the common man. It argues that the cost for such a drop in retail prices could be easily covered by the humongous sale of 166 by-products of crude oil, and has gone on to say that the actual retail price of diesel in Bengaluru comes to Rs 13.35 per litre. 

Acting on the petition, the High Court issued notices to the Union government and its oil marketing companies and agencies.
The petition, says, "Under RTI Act, specific information is obtained in regard to the actual cost of acquisition, cost of cracking, blending and refining as well as cost of transportation from the refineries to the outlets and that the comprehensive cost of 1 litre of diesel at Bangalore is Rs 13.35 paise. Respondents have not furnished the cost of petrol and kerosene in like terms."

Besides the Union government, the high court issued notices to Indian Oil Corporation (IOC), Hindustan Petroleum (HP), Bharat Petroleum (BP) and oil & Natural Gas Commission (ONGC).

The petition alleged that the government was making profits by selling petroleum products like petrol, diesel, kerosene and LPG at a much higher retail price than what they should actually have.

The petition says the government and oil companies are hiding facts about the actual profits. Around 166 by-products are produced from crude petroleum and all of them are sold. The petition says, "When crude is cracked, refined and blended the products that are generated are 166 in number. The number of by-products has now reached 183. Some of these by-products are used as base material in manufacturing of aspirin and brufane. Entire gamut of base for cosmetics is built on petroleum by-products. Automobile and chemicals and fertiliser industries have roots in petroleum products like naphtha. So the government is never a loser in the matter of refining crude and (is) recovering the entire cost from sale of at least 166 by-products. The GOI through its petroleum ministry has a legal duty to make these aspects transparent and to be accountable to the people."

The petition says that instead of making profit out of the common man, the government can keep the prices low. It says, "The fact that sale of 26 by-products meant for industrial use will alone take care of the entire cost of acquisition of crude, its transportation to refineries at various places in India, for cracking the crude and refinement would show that there is no loss occasioned to the oil industry. Further, rest of the by-products are in constant demand in the market. Their sale is sufficient to make profit."

The petition alleges that the Union government was allowing concentration of wealth and material resources in the hands of the oil companies to the detriment and prejudice of the common good.

"The interest of the public at large is ignored in de-controlling and de-licensing sale of petroleum products by oil marketing companies. (The oil companies) cannot be treated as a trading wing or a commercial enterprise but only a service instrument of the Union of India. People of India do not exist and strive for promoting the interest of oil marketing PSUs or political bosses," it says.

Oil companies exposed

The petition cites the Comptroller and Auditor General (CAG) reports and also from the reports of the oil companies to show that the companies never suffered losses. "CAG of India has castigated the State owned fuel retailers namely Indian Oil Corporation Limited (IOCL), Hindustan Petroleum Chemicals Limited and Bharat Petroleum Chemicals Ltd who have overcharged customers from the years 2007-08 to 2011-12 by rupees 26,626 crore, by way of calculating the desired retail price in a manner as if the product was imported by adding customs duty, freight, insurance, ocean loss and wharf-age charges to the prevailing international price of petroleum products," the petition says. "Thus an expenditure never incurred under the headings of L.C Charges, insurance charges, freight, wharfage charges, custom duty and ocean loss, amounting to Rs 50,513/- crores is added to the cost of petroleum products and is passed on to the consumers," it says.

The petition seeks a transparent regulatory mechanism in the matter of sale of petroleum products; a simple cost accounting method of arriving at the selling price namely cost plus margin of profit. The petition says "how the 166 by-products are marketed is not disclosed. There is no transparency or accountability in fixing the price."

The petition, among other things, has sought pricing of petroleum products be as per Constitutional guidelines of a welfare state. It seeks a transparent manner of pricing the products and a court direction to the Union government to commit oil companies to be non-profit-making units. This can be done by considering petroleum a material resource in which earning profit is forbidden, the petition said.

Source - Bangalore Mirror

How government agencies fast-tracked Lavasa | Features | Environment

 
Lavasa, the picturesque planned hill station being developed by Hindustan Construction Company (HCC) near Pune, is facing charges of illegal land acquisition and environmental violations and construction has been stayed pending an inquiry. 



This article says that the focus should be not on the misdemeanours of the corporation but on the collusions and oversights of government

The bureaucracy moves at snail’s pace in India. But look at the speed with which the Lavasa project, currently under scrutiny from the Environment Ministry and construction stayed pending scrutiny of irregularities in sanctions granted to the project, was sanctioned. Clearance was granted within months of its application of purpose, indeed even before the application was submitted to the concerned departments and ministries!

Thousands of scheduled caste and scheduled tribe families in this Mulshi-Maval region have languished for decades without caste certificates to support their legal entitlements to the land, or access to basic services. The ignorance of these poor families -- nomadic tribes (Dhangar) and tribal communities (Koli, Katkar, Thakar and Marathas) residing in small community hamlets -- worked in favour of Hindustan Construction Company (HCC) and the state of Maharashtra.

Had it not been for the voices of a few concerned citizens of Pune city, who recognised the long-term implications of such a massive infrastructure project, the socio-environmental consequences of the project would never have come to light.

Brand ‘Lavasa’

Lavasa Corporation was originally registered as Pearly Blue Lake Resort Private Limited Company, in 2000. The project was a business hotel to be developed on the banks of Warasgaon lake in Mose valley, Mulshi block, Pune district. The company changed its name to Lake City Corporation Pvt Ltd on December 12, 2000. Later, in June 2004, it changed it again to Lavasa Corporation Limited (International Securities Identification Number INE172G01016).

The hill station project is being driven by a consortium of companies led by Hindustan Construction Company (HCC), which holds 65% of the stake in Lavasa through its real estate subsidiary HCC Realty. Other investors include the L M Thapar Group and Venkateshwara Hatcheries, besides several minority shareholders with 35% equity.

The project in a nutshell

Lavasa is a sprawling private real estate project, 65 km from the city of Pune in Maharashtra, nestled amidst 18 hills and 975 metres above sea level.

The project was approved under Section 20 (3) of the MRTP on July 15, 2000. Accordingly, the Maharashtra Urban Development Department declared 18 villages in Mulshi and Velhe block -- a total of 25,000 acres of land -- part of the project. Since then, the inhabitants of around 20 villages have faced eviction, land alienation, harassment by project officials, cheating by the land mafia and company agents, denial of community access to freshwater bodies, river, temples and common roads. And the destruction of their natural habitat and forests.

The people of these villages comprise poor marginal farmers who depend heavily on traditional farming techniques, livestock rearing, collection of non-timber forest produce, fishing, daily wage labour, and collection of natural resources. Though they have been living in the area for generations, it was only in 1964 that poor landless and socio-economically backward families were allotted excess ceiling lands under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. They made these lands cultivable and survived on them without any support from the government.

In 1974, construction of Warasgaon dam began, and of the scores of families displaced only a few were given compensatory land in Daund taluka (125 km from Pune). Many were left in the affected area to fend for themselves, without adequate compensation or rehabilitation.

Thirty years on, the Lavasa township project has brought back painful memories.

The completion target for the Lavasa project is 2022. It is being planned in four phases. The overall size of the project is said to be almost one-fourth the size of Mumbai city.

Role of the state government

The Maharashtra state government has supported the project wholeheartedly, be it in granting permission for land acquisition by denotifying ceiling lands, transferring lands belonging to the Maharashtra Krishna Valley Development Corporation reserved for public purposes, granting of environmental clearance, no-objection certificates and forest clearance. Above all, obtaining a no-objection from the zilla parishad for changes in local infrastructure, etc.

Facilitating corporate land grab

The Maharashtra government notification dated November 26, 1996 relating to the Maharashtra Regional and Town Planning (MRTP) Act 1966 that proposed the development of hilly areas throughout the state as hill-stations and resorts is at the root of issues related to land acquisition for hill station development. The notification was introduced to circumvent regional plans so as to make it easy for land sharks to claim the valleys. It has been contentious on the grounds that the regulations have been framed for the benefit of moneyed companies and the commercial exploitation of scenic places.

1. Clause 17 of the notification deprives the collector of discretionary powers to be exercised for the benefit of tribals.

2. The notification also impinges on the provisions of the Maharashtra Agricultural Land Acts 1961, The Maharashtra Land Revenue 1968, which relates to the transfer of land from tribals to non-tribals.

3. The other acts contravened are the Maharashtra Land Revenue (disposal of government land) Rules 1971, the Indian Forest Act, 1927 and the Forest Conservation Acts, 1980.

4. The notification also allows disposal of up to 2,000 hectares (20 sq km) of agricultural land against 21 hectares earlier imposed under the provisions of the Maharashtra Agricultural Land Acts, 1961.

Land notified for Lavasa

In 2000, the Maharashtra government declared around 12,500 hectares of land for development of a hill station. Initially, the proposal was for a small lake city project; this later spread to revenue villages in Mulshi and Velhe blocks, including Daswe, Mugaon, Lavharde, Vegre, Bhode, Pathershet, Bombatmal, Palase, Admal, Padalghar, Wadavali, Sakhari, Bhoini, Koloshi, Ugavali, Dhamanhol and Gadale, in Mulshi block, and Mose Budruk, Shiv Budruk and Varasgaon in Velhe block. The land acquisition was carried out by three different departments -- the irrigation department (Maharashtra Krishna Valley Development Corporation [MKVDC]), forest department, and revenue department. It involved the acquisition of 2,500 acres of plantation land in two blocks, for which permission was granted by the forest department. It is worth mentioning here that on November 13, 1999, the Director, Town Planning, Pune, gave a report clearly stating that the land was forest land. The irrigation department allocated 141.15 hectares of land on lease to the company at a royalty of as little as Rs 275,250 per annum.

Though Lavasa claims it has not constructed on forest land, it cannot deny that roads have been built or pass through forest land for which hundreds of trees have been cut. One wonders how the local forest department allowed this without forest clearance from the central Ministry of Environment and Forests (MoEF). The forest officer of Khanapur, Haveli block, gave permission under the Maharashtra State Tree Felling Rules (Amendment) 1964 to cut trees and shrubs in the project area.

The MKVDC land allotted to the Lavasa project was reserved for public purposes. Interestingly, the same land had been claimed a number of times by people affected by the Warasgaon dam project; their claims were denied on grounds that the land was supposed to be used for public purposes. The company acquired the land on the basis of a 99 to 999-year lease.

Private land transactions

Over the past one-and-a-half decade, every land sale and purchase in Pune district has revealed the involvement of the land mafia. There are rumours about Lavasa too. From Daswe, where the company has built its first-phase dream town, to Mugaon village, which is being developed in the second phase, there is talk of forcible acquisition and purchase of land, forged signatures, misuse of power-of-attorney, community land disputes, devasthan land disputes, and joint ownership disputes.

Since 1996-97, when the land deals were initiated, companies like Pearly Blue Lake Resort and Aqua Land Pvt Ltd were also involved in the purchase of land. The company is supposed to have looped in several real estate agents to buy land for as little as Rs 500-Rs 5,000 per acre. Land agents from the villages and from Pune city, made small initial payments to the landholders, with promises of huge sums later. Most of the lands acquired from the Dhangar, Koli and Maratha communities are ceiling and inami (gifted) land distributed by the state government to the landless in the 1970s.

Locals recall that the district revenue officer and agents used to come together and discuss ceiling and inami lands in various villages. This caused a lot of apprehension, with people hurriedly collecting their land records. Some paid close to Rs 10,000 to the local talathi for copies of their land entitlements (7/12).

Agents and brokers are said to have played an important role in the land grab. In many instances, they bought 2 acres of land and registered about 10-17 acres. There are cases where the 2007 land records show ownership in the name of a local family, but records dated around the same time show a change in title name. In Mugaon village alone, 67 tribal families claim they lost 330 acres of land and did not receive any compensation. After being forcibly evicted, they realised that they no longer owned the land because the new land records did not show their names!

According to a letter written by the district collector, Pune, dated 4/7/2001, it is suggested that adivasi land cannot be acquired or transferred without consent from the competent authority. Likewise, forest land that has been affected by development projects like dams cannot be acquired without permission from the competent authority. Type-2 land or government land such as adivasi land, watani land, tenancy land, devasthan land, sites reserved for rehabilitation etc also cannot be acquired without permission from the competent authority. Most of these types of land would have been acquired for the Lavasa project with permission from the district collector, who is the competent authority under the MRTP Act, 1966. Lavasa Corporation has also been given approximately 1,042 acres of government land at a nominal price.

According to local residents, the agent who did most of the land deals, especially tribal lands in the villages of Dhamanhol and Mugaon, promised people jobs in the company and construction of a temple and other facilities in the village if people parted with their lands. In the few cases where villagers filed complaints against Lavasa Corporation, the government conducted an inquiry. Some cases were resolved, but others in Dhaman Ohal, Gadle, Sakhari and Mugaon carry on.

The role of the talathi and tehsildar is extremely important in all these cases of land transfer. Most people whose lands have been transferred to the company’s name have been struggling to access current land records. Filing appeals with the authorities has so far been unsatisfactory.

Ceiling land transfer to the company

According to the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, Article 27, ceiling land should be distributed among the landless, poor and socially deprived. However, the revenue department (letter dated 5/3/2005), Pune, believes otherwise. The district collector argued in favour of the company, allotting it excess ceiling lands amounting to 373 hectares. In 1976, in the villages of Mauje Gadale, Dhamanohol, Mugaon and Wadiwale, a total of 372 hectares was found in excess of the ceiling but was not taken under possession, under the Land Ceiling Act, Section 21 (4). In 2005, the then district collector suggested that if the land were given to the company instead, the government would benefit.

Moreover, land measuring 609 hectares that had been given to landless farmers for agriculture under the Maharashtra Land Ceiling Act (especially those belonging to katkari tribe families) was taken back and transferred to Lavasa.

Water resource privatisation

According to a letter written by the district collector, Pune, (dated 4/7/2001), the company is barred from claiming any rights over and disturbance to water resources such as streams, ponds, dams, freshwater sources, natural springs, etc. Nor can the company claim rights to civic amenities like traditional riparian rights, public roads, lanes, roadways, etc. However, Lavasa Corporation is allowed to build eight weirs (walls that control the flow of water) in the backwaters of Warasgaon dam for commercial use -- water sports, water villas, tanks, and water parks.

The company’s plans include the building of 10 captive mini dams which will definitely affect local riparian rights. After Lavasa built the Daswe check dam, villagers and their cattle have been denied access to water. Heavy security has been put in place by the company to safeguard its territory. In Mugaon village, the katkari hamlet has been suffering due to lack of fresh water. The company denies them access to the reservoir, the catchment of which will supply water to the project, saying that they should either relocate or face the consequences. The waterbody that is supposed to be a community resource has become the company’s private resource, strengthening its power to harass poor villagers and force them to live without basic resources.

In the few years since the Daswe check dam was constructed, there has been no water downstream during summer, whereas, because of the dam, Lavasa does not suffer. This means that the natural flow and storage of water in the valley has been greatly affected by massive construction and infrastructural changes.

Transfer of Maharashtra Krishna Valley Development Corporation land

In the lease agreement dated August 28, 2002, the Khadakvasla Irrigation Division allotted 141.15 hectares of land belonging to the Maharashtra Krishna Valley Development Corporation, on lease for 30 years from September 2, 2002, to the Lake City Corporation. A PIL against this move is ongoing in the Bombay High Court since November 15, 2006. According to the PIL, there are several irregularities in the way the government has dealt with Lavasa Corporation. According to the rules, excess land under the Maharashtra Krishna Valley Development Corporation can only be used and transferred for a ‘public purpose’, not for private use. The PIL challenges the transfer of MKVDC land to Lavasa Corporation, alleging political favouritism.

It is worth noting that the land that MKVDC transferred to Lake City Corporation belonged to villagers displaced during construction of Warasgaon dam in the 1970s. Since then, the villagers have made several appeals with the irrigation department to hand the remaining unutilised land back to the families. The department paid no heed to the requests; instead, the land was given to the company within three days of signing the MoU.

The company has also got permission from the Khadakvasla Irrigation Division to use water from Warasgaon and Temghar dams. The Khadakvasla reservoir, on the Mose river, was built to meet the water requirements of Pune city. It has a capacity of around 11.5 TMC, almost equalling Pune’s annual needs.

Pune is a fast-growing city, and the problem of water scarcity is a real one. Allowing huge amounts of water to be used by Lavasa Corporation, not only for drinking purposes but for water sports, hotels etc, will worsen the water crisis. No impact assessment has been carried out.

Environmental violations

According to Lavasa’s environment impact assessment (EIA) report, prepared by NEERI, 50% of the area is covered by vegetation, 23.39% by forests. Construction of the huge lake town, and a population of 200,000 during peak time, will undeniably impact the area’s flora and fauna. The report states that 43% of flora in the study area consists of medicinal plants. It does not feature any impact mitigation or preservation plan.

Mulshi and Velha valley, where the project is coming up, experiences some of the heaviest rainfall in the world. The area is lush with tropical vegetation and it is imperative that, considering the fragility of the Western Ghats, it be left undisturbed. Construction activity is drastically altering the natural landscape, opening the valley and entire ghats region up to environment degradation. This will have an impact on rainfall patterns in the long run.

A document by the Maharashtra government, dated April 12, 2004, permits Lavasa a ‘stone-crushing’ unit under the ‘orange’ category of small-scale industries, for which the hills have been cut. Another letter from the revenue collector, dated July 15, 2003, allows the company to quarry for Daswe. These permissions from the governing authorities, with no strict compliance norms and no studies on the impact of these activities on the fragile biodiversity of the hills, will cause enormous damage to the Sahyadri hills. The continuous crushing, quarrying and ferrying of raw materials in the project area has already had an impact on the local environment.

The recent show cause notice issued by the central Ministry of Environment and Forests (MoEF) to the company clearly shows that the company has flouted the environmental laws. The project was supposed to take environment clearance from the MoEF, under the Environment Impact Assessment Notification of 1994. But it never approached the ministry. Rather, the project took environmental clearance from the environment department of the state government which is not competent to do so.

Parts of the project are at an altitude of over 1,000 metres; roads pass through forest areas; about 10 dams are to be constructed; the project is for more than 1,000 persons; and investments cross Rs 50 crore. All these factors call for environmental clearance under the 1994 notification. The company sought environmental clearance in 2004 when the aforesaid notification was binding on any project. Instead, environmental clearance was granted by the environment department of Maharashtra, and within record time of around two months, on 18-3-2004, vide letter No Env/Cle/765/CR.105/TC. In the letter, the environment department does not mention that clearance has been issued under EIA Notification 1994. It can also be construed from this letter that the department did not issue the specific environment clearance prescribed under EIA Notification 1994 but a general clearance letter identical to a routine NOC issued by the department.

On September 4, 2005, the central MoEF wrote to the government of Maharashtra saying that construction at Lavasa was being carried out without the mandatory environmental clearance required under the Environment Impact Assessment Notification of 1994. Notwithstanding these instructions, various authorities in the Government of Maharashtra shut their eyes and took no action on the matter. The company is in violation of the Environment Protection Act, 1986.

Incidentally, environment clearance was issued for development of a 2,000-hectare township hill station. However, the company is developing more than 25,000 hectares -- a clear violation of conditions imposed by the environmental clearance letter.

Lavasa, a fast-track project

During 2002-03, 31 no-objection certificates (NOCs) were granted to Lake City Corporation (later changed to Lavasa Corporation) by various departments such as the MKVDC, Konkan Irrigation Department, Maharashtra Tourism Development Corporation and Maharashtra Pollution Control Board. These were for construction of mini-dams and impounding of water for commercial use, tree felling, quarrying, stone crushing and purchasing land for industrial use.

Some of the MoUs and clearances granted to Lake City/Lavasa Corporation in 2002-03 from various departments of the Maharashtra government are:

• May 30, 2002: NOC (No BO/TB/RO (HQ) Pune-163/444) for development, from the Maharashtra Pollution Control Board

• June 5, 2002: MoU between Lake City Corporation and Maharashtra Tourism Development Corporation

• July 4, 2002: Maharashtra Krishna Valley Development Corporation’s (MKVDC) NOC (No TPD/ADM2/RBR/2543) to construct DTR

• July 16, 2002: MKVDC’s permission (No KID/ADM/4891/2002) to construct dams and store water

• August 9, 2002: Irrigation department, Konkan region, NOC (No 89.01/(18/2002)/U-5/3074) to construct dams and store water

• September 23, 2002: 30-year lease agreement between MKVDC and Lake City Corporation for construction of mini-dams in the submergence area of Warasgaon dam and impounding of water for commercial use

• December 11, 2002: Permission (No DI/Land Permission/255/2002 C-17386) from the industries department to buy land for industrial purposes

• December 13, 2002: NOC from the environment department (No ENV (NOC) 2000/765/CR.105/TC.1) for development

• January 2, 2003: Forest department’s tree-felling permission (No B/M/907/2002-03) for DTR/RFO, Khanapur

• January 10, 2003: Tree-felling permission from the forest department (No 576/2002-03) for DTR/RFO, Paud

• March 12, 2003: Land-use certificate (No DDTP-Pune/Final RP Pune/Zone Cert/822) from the town planning department

• April 10, 2003: MKVDC permission (No PB-4/KID/91/203) to carry out preliminary works

• July 15, 2003: Quarrying permission (No Mining/SR/391/2003) from the revenue collector for Daswe

• December 20, 2003: Irrigation department (Konkan region) agreement to construct dams and store water

• March 18, 2004: Environmental clearance (No ENV/cle/765/CR-105/TC.1) for project

So, who is responsible for the controversy that surrounds Lavasa? The state knowingly ignored all attempts to assess the project before clearing it. It is the responsibility of the state and its agencies to make corporations abide by the rules of the land. In this case, Lavasa flouted several regulations, thanks to state support given in the form of various clearances. Over the past five years, attempts by environmentalists, social activists and villagers to raise the issue at all levels of government have failed. It’s time the state government made its position clear. As Plato rightly said: “The community suffers nothing very terrible if its cobblers are bad and become degenerate and pretentious; but if the guardians of its laws and constitution, who alone have the opportunity to bring it good government and prosperity, become a mere sham, then clearly it is completely ruined.”

To read the stand of the Lavasa developers, read this interaction with Ajit Gulabchand, Chairman and Managing Director, Hindustan Construction Company, at http://www.indianexpress.com/news/the-environment-ministry-does-not-have-measurable-standards.-so-how-do-you-know-what-and-whom-to-deal-with/735248/


References
1 Interim Report of the People’s Commission of Inquiry on Displacement in Sahyadri Region, April 20, 2009
2 Technical Analysis Report of EIA of Lavasa Corporation-Lake Town at Moshe valley, Pune district, 2009
3 Committee on Land Reform, Ministry of Rural Development, GOI, Visit to Maharashtra Report, April 3, 2008
4 Letter written by the district collector, Pune, to the revenue department, Pune, dated 9/1/2005
5 Environment clearance letter No Env Cl/765/CR105/TC.1, environment department, government of Maharashtra, March 18, 2004
6 Forest department’s tree-felling permission (No B/M/907/2002-03) for DTR/RFO, Khanapur, January 2, 2003
7 30-year lease agreement between MKVDC and Lake City Corporation for construction of mini-dams in the submergence area of Warasgaon dam, and impounding of water for commercial use, September 23, 2002
8 Urban development department under notification No TPS-1800/1004/ CR-106/2000/UD-13, dated 1/6/2001
9 Letter written by the district collector, Pune, dated 4/7/2001

(Rifat Mumtaz works on developmental issues with a focus on land rights and the environment. She is with NCAS, Pune)

Source - Infochange News & Features, January 2011 -How government agencies fast-tracked Lavasa | Features | Environment

Excerpts from the Judgement on TransGenders - National Legal Services Authority … Petitioner Versus Union of India and others

Judgment Source - http://www.legalcrystal.com/1137428

Court : Supreme

Judge : K.S. RADHAKRISHNAN and A.K. SIKRI

Decided On : Apr-15-2014

Appellant : National Legal Ser.Auth.

Respondent : Union of India & Ors.

Judgment:

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.400 OF2012 National Legal Services Authority … Petitioner Versus Union of India and others … Respondents WITH WRIT PETITION (CIVIL) NO.604 OF2013

JUDGMENT

K.S. Radhakrishnan, J.

1. Seldom, our society realizes or cares to realize the trauma, agony and pain which the members of Transgender community undergo, nor appreciates the innate feelings of the members of the Transgender community, especially of those whose mind and body disown their biological sex. Our society often ridicules and abuses the Transgender community and in public places like railway stations, bus stands, schools, workplaces, malls, theatres, hospitals, they are sidelined and treated as untouchables, forgetting the fact that the moral failure lies in the society’s unwillingness to contain or embrace different gender identities and expressions, a mindset which we have to change.

2. We are, in this case, concerned with the grievances of the members of Transgender Community (for short ‘TG community’) who seek a legal declaration of their gender identity than the one assigned to them, male or female, at the time of birth and their prayer is that non-recognition of their gender identity violates Articles 14 and 21 of the Constitution of India. Hijras/Eunuchs, who also fall in that group, claim legal status as a third gender with all legal and constitutional protection.

3. The National Legal Services Authority, constituted under the Legal Services Authority Act, 1997, to provide free legal services to the weaker and other marginalized sections of the society, has come forward to advocate their cause, by filing Writ Petition No.400 of 2012. Poojaya Mata Nasib Kaur Ji Women Welfare Society, a registered association, has also preferred Writ Petition No.604 of 2013, seeking similar reliefs in respect of Kinnar community, a TG community.

Their historical background and individual scenario has been stated in detail in the accompanying judgment rendered by my learned Brother. Few things which follow from this discussion are summed up below:
“(a) Though in the past TG in India was treated with great respect, that does not remain the scenario any longer. Attrition in their status was triggered with the passing of the Criminal Tribes Act, 1871 which deemed the entire community of Hijara persons as innately ‘criminal’ and ‘adapted to the systematic commission of non-bailable offences’. This dogmatism and indoctrination of Indian people with aforesaid presumption, was totally capricious and nefarious. There could not have been more harm caused to this community with the passing of the aforesaid brutal Legislation during British Regime with the vicious and savage this mind set. To add insult to the irreparable injury caused, Section 377 of the Indian Penal Code was misused and abused as there was a tendency, in British period, to arrest and prosecute TG persons under Section 377 merely on suspicion. To undergo this sordid historical harm caused to TGs of India, there is a need for incessant efforts with effervescence. (b) There may have been marginal improvement in the social and economic condition of TGs in India. It is still far from satisfactory and these TGs continue to face different kinds of economic blockade and social degradation. They still face multiple forms of oppression in this country. Discrimination qua them is clearly discernable in various fields including health care, employment, education, social cohesion etc. (c) The TGs are also citizens of this country. They also have equal right to achieve their full potential as human beings. For this purpose, not only they are entitled to proper education, social assimilation, access to public and other places but employment opportunities as well. The discussion above while dealing with the first issue, therefore, equally applies to this issue as well.

111. We are of the firm opinion that by recognizing such TGs as third gender, they would be able to enjoy their human rights, to which they are largely deprived of for want of this recognition. As mentioned above, the issue of transgender is not merely a social or medical issue but there is a need to adopt human right approach towards transgenders which may focus on functioning as an interaction between a person and their environment highlighting the role of society and changing the stigma attached to them. TGs face many disadvantages due to various reasons, particularly for gender abnormality which in certain level needs to physical and mental disability. Up till recently they were subjected to cruelty, pity or charity. Fortunately, there is a paradigm shift in thinking from the aforesaid approach to a rights based approach. Though, this may be the thinking of human rights activist, the society has not kept pace with this shift. There appears to be limited public knowledge and understanding of same-sex sexual orientation and people whose gender identity and expression are incongruent with their biological sex. As a result of this approach, such persons are socially excluded from the mainstream of the society and they are denied equal access to those fundamental rights and freedoms that the other people enjoy freely.(See, Hijras/Transgender Women in India: HIV, Human Rights and Social Exclusion, UNDP report on India Issue: December, 2010).

112. Some of the common and reported problem that transgender most commonly suffer are: harassment by the police in public places, harassment at home, police entrapment, rape, discriminations, abuse in public places et.al. The other major problems that the transgender people face in their daily life are discrimination, lack of educational facilities, lack of medical facilities, homelessness, unemployment, depression, hormone pill abuse, tobacco and alcohol abuse, and problems related to marriage and adoption. In spite of the adoption of Universal Declaration of Human Rights (UDHR) in the year 1948, the inherent dignity, equality, respect and rights of all human beings throughout the world, the transgender are denied basic human rights. This denial is premised on a prevalent juridical assumption that the law should target discrimination based on sex (i.e., whether a person is anatomically male or female), rather than gender (i.e., whether a person has qualities that society consider masculine or feminine (Katherine M.Franke, The Central Mistake of Sex Discrimination Law: the Disaggregation of Sex from Gender, 144 U.Pa.Rev.1,3 (1995) (arguing that by defining sex in biological terms, the law has failed to distinguish sex from gender, and sexual differentiation from sex discrimination). Transgender people are generally excluded from the society and people think transgenderism as a medical disease. Much like the disability, which in earlier times was considered as an illness but later on looked upon as a right based approach. The question whether transgenderism is a disease is hotly debated in both the transgender and medical-psychiatric communities. But a prevalent view regarding this is that transgenderism is not a disease at all, but a benign normal variant of the human experience akin to left- handedness.

113. Therefore, gender identification becomes very essential component which is required for enjoying civil rights by this community. It is only with this recognition that many rights attached to the sexual recognition as ‘third gender’ would be available to this community more meaningfully viz. the right to vote, the right to own property, the right to marry, the right to claim a formal identity through a passport and a ration card, a driver’s license, the right to education, employment, health so on.

114. Further, there seems to be no reason why a transgender must be denied of basic human rights which includes Right to life and liberty with dignity, Right to Privacy and freedom of expression, Right to Education and Empowerment, Right against violence, Right against Exploitation and Right against Discrimination. Constitution has fulfilled its duty of providing rights to transgenders. Now it’s time for us to recognize this and to extend and interpret the Constitution in such a manner to ensure a dignified life of transgender people. All this can be achieved if the beginning is made with the recognition that TG as third gender.

115. In order to translate the aforesaid rights of TGs into reality, it becomes imperative to first assign them their proper ‘sex’. As is stated earlier, at the time of birth of a child itself, sex is assigned. However, it is either male or female. In the process, the society as well as law, has completely ignored the basic human right of TGs to give them their appropriate sex categorization. Up to now, they have either been treated as male or female. This is not only improper as it is far from truth, but indignified to these TGs and violates their human rights.

116. Though there may not be any statutory regime recognizing ‘third gender’ for these TGs. However, we find enough justification to recognize this right of theirs in natural law sphere. Further, such a justification can be traced to the various provisions contained in Part III of the Constitution relating to ‘Fundamental Rights’. In addition to the powerful justification accomplished in the accompanying opinion of my esteemed Brother, additional raison d’etre for this conclusion is stated hereinafter.

117. We are in the age of democracy, that too substantive and liberal democracy. Such a democracy is not based solely on the rule of people through their representatives’ namely formal democracy. It also has other percepts like Rule of Law, human rights, independence of judiciary, separation of powers etc.

118. There is a recognition to the hard realty that without protection for human rights there can be no democracy and no justification for democracy. In this scenario, while working within the realm of separation of powers (which is also fundamental to the substantive democracy), the judicial role is not only to decide the dispute before the Court, but to uphold the rule of law and ensure access to justice to the marginalized section of the society. It cannot be denied that TGs belong to the unprivileged class which is a marginalized section.

119. The role of the Court is to understand the central purpose and theme of the Constitution for the welfare of the society. Our Constitution, like the law of the society, is a living organism. It is based on a factual and social realty that is constantly changing. Sometimes a change in the law precedes societal change and is even intended to stimulate it. Sometimes, a change in the law is the result in the social realty. When we discuss about the rights of TGs in the constitutional context, we find that in order to bring about complete paradigm shift, law has to play more pre-dominant role. As TGs in India, are neither male nor female, treating them as belonging to either of the aforesaid categories, is the denial of these constitutional rights. It is the denial of social justice which in turn has the effect of denying political and economic justice.

120. In Dattatraya Govind Mahajan vs. State of Maharashtra (AIR1977SC915 this Court observed:

“Our Constitution is a tryst with destiny, preamble with luscent solemnity in the words ‘Justice – social, economic and political.’ The three great branches of Government, as creatures of the Constitution, must remember this promise in their fundamental role and forget it at their peril, for to do so will be a betrayal of chose high values and goals which this nation set for itself in its objective Resolution and whose elaborate summation appears in Part IV of the Paramount Parchment. The history of our country’s struggle for independence was the story of a battle between the forces of socio-economic exploitation and the masses of deprived people of varying degrees and the Constitution sets the new sights of the nation…..Once we grasp the dharma of the Constitution, the new orientation of the karma of adjudication becomes clear. Our founding fathers, aware of our social realities, forged our fighting faith and integrating justice in its social, economic and political aspects. While contemplating the meaning of the Articles of the Organic Law, the Supreme Court shall not disown Social Justice.”

121. Oliver Wendlle Holmes said:

“the life of law has been logical; it has been experience”. It may be added that ‘the life of law is not just logic or experience. The life of law is renewable based on experience and logic, which adapted law to the new social realty’. Recognizing this fact, the aforesaid provisions of the Constitution are required to be given new and dynamic meaning with the inclusion of rights of TGs as well. In this process, the first and foremost right is to recognize TGs as ‘third gender’ in law as well. This is a recognition of their right of equality enshrined in Art.14 as well as their human right to life with dignity, which is the mandate of the Art.21 of the Constitution. This interpretation is in consonance with new social needs. By doing so, this Court is only bridging the gap between the law and life and that is the primary role of the Court in a democracy. It only amounts to giving purposive interpretation to the aforesaid provisions of the Constitution so that it can adapt to the changes in realty. Law without purpose has no raison d’etre. The purpose of law is the evolution of a happy society. As Justice Iyer has aptly put:

“The purpose of law is the establishment of the welfare of society “and a society whose members enjoy welfare and happiness may be described as a just society. It is a negation of justice to say that some members, some groups, some minorities, some individuals do not have welfare: on the other hand they suffer from ill-fare. So it is axiomatic that law, if it is to fulfil itself, must produce a contented, dynamic society which is at once meting out justice to its members.”

122. It is now very well recognized that the Constitution is a living character; its interpretation must be dynamic. It must be understood in a way that intricate and advances modern realty. The judiciary is the guardian of the Constitution and by ensuring to grant legitimate right that is due to TGs, we are simply protecting the Constitution and the democracy inasmuch as judicial protection and democracy in general and of human rights in particular is a characteristic of our vibrant democracy.

123. As we have pointed out above, our Constitution inheres liberal and substantive democracy with rule of law as an important and fundamental pillar. It has its own internal morality based on dignity and equality of all human beings. Rule of law demands protection of individual human rights. Such rights are to be guaranteed to each and every human being. These TGs, even though insignificant in numbers, are still human beings and therefore they have every right to enjoy their human rights.

124. In National Human Rights Commission vs. State of Arunachal Pradesh (AIR1996SC1234, This Court observed:

“We are a country governed by the Rule of Law. Our Constitution confers certain rights on every human being and certain other rights on citizens. Every person is entitled to equality before the law and equal protection of the laws.”

125. The rule of law is not merely public order. The rule of law is social justice based on public order. The law exists to ensure proper social life. Social life, however, is not a goal in itself but a means to allow the individual to life in dignity and development himself. The human being and human rights underlie this substantive perception of the rule of law, with a proper balance among the different rights and between human rights and the proper needs of society. The substantive rule of law “is the rule of proper law, which balances the needs of society and the individual.”

This is the rule of law that strikes a balance between society’s need for political independence, social equality, economic development, and internal order, on the one hand, and the needs of the individual, his personal liberty, and his human dignity on the other. It is the duty of the Court to protect this rich concept of the rule of law.

126. By recognizing TGs as third gender, this Court is not only upholding the rule of law but also advancing justice to the class, so far deprived of their legitimate natural and constitutional rights. It is, therefore, the only just solution which ensures justice not only to TGs but also justice to the society as well. Social justice does not mean equality before law in papers but to translate the spirit of the Constitution, enshrined in the Preamble, the Fundamental Rights and the Directive Principles of State Policy into action, whose arms are long enough to bring within its reach and embrace this right of recognition to the TGs which legitimately belongs to them.

127. Aristotle opined that treating all equal things equal and all unequal things unequal amounts to justice. Kant was of the view that at the basis of all conceptions of justice, no matter which culture or religion has inspired them, lies the golden rule that you should treat others as you would want everybody to treat everybody else, including yourself. When Locke conceived of individual liberties, the individuals he had in mind were independently rich males. Similarly, Kant thought of economically self- sufficient males as the only possible citizens of a liberal democratic state. These theories may not be relevant in today’s context as it is perceived that the bias of their perspective is all too obvious to us. In post-traditional liberal democratic theories of justice, the background assumption is that humans have equal value and should, therefore, be treated as equal, as well as by equal laws. This can be described as ‘Reflective Equilibrium’. The method of Reflective Equilibrium was first introduced by Nelson Goodman in ‘Fact, Fiction and Forecast’ (1955). However, it is John Rawls who elaborated this method of Reflective Equilibrium by introducing the conception of ‘Justice as Fairness’. In his ‘Theory of Justice’, Rawls has proposed a model of just institutions for democratic societies. Herein he draws on certain pre-theoretical elementary moral beliefs (‘considered judgments’), which he assumes most members of democratic societies would accept. “[Justice as fairness [….]. tries to draw solely upon basic intuitive ideas that are embedded in the political institutions of a constitutional democratic regime and the public traditions of their interpretations. Justice as fairness is a political conception in part because it starts from within a certain political tradition. Based on this preliminary understanding of just institutions in a democratic society, Rawls aims at a set of universalistic rules with the help of which the justice of present formal and informal institutions can be assessed. The ensuing conception of justice is called ‘justice as fairness’. When we combine Rawls’s notion of Justice as Fairness with the notions of Distributive Justice, to which Noble Laureate Prof. Amartya Sen has also subscribed, we get jurisprudential basis for doing justice to the Vulnerable Groups which definitely include TGs. Once it is accepted that the TGs are also part of vulnerable groups and marginalized section of the society, we are only bringing them within the fold of aforesaid rights recognized in respect of other classes falling in the marginalized group. This is the minimum riposte in an attempt to assuage the insult and injury suffered by them so far as to pave way for fast tracking the realization of their human rights.

128. The aforesaid, thus, are my reasons for treating TGs as ‘third gender’ for the purposes of safeguarding and enforcing appropriately their rights guaranteed under the Constitution. These are my reasons in support of our Constitution to the two issues in these petitions. …………………….J.

(A.K.Sikri) 129. We, therefore, declare: (1) Hijras, Eunuchs, apart from binary gender, be treated as “third gender” for the purpose of safeguarding their rights under Part III of our Constitution and the laws made by the Parliament and the State Legislature. (2) Transgender persons’ right to decide their self-identified gender is also upheld and the Centre and State Governments are directed to grant legal recognition of their gender identity such as male, female or as third gender. (3) We direct the Centre and the State Governments to take steps to treat them as socially and educationally backward classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments. (4) Centre and State Governments are directed to operate separate HIV Sero-survellance Centres since Hijras/ Transgenders face several sexual health issues. (5) Centre and State Governments should seriously address the problems being faced by Hijras/Transgenders such as fear, shame, gender dysphoria, social pressure, depression, suicidal tendencies, social stigma, etc. and any insistence for SRS for declaring one’s gender is immoral and illegal. (6) Centre and State Governments should take proper measures to provide medical care to TGs in the hospitals and also provide them separate public toilets and other facilities. (7) Centre and State Governments should also take steps for framing various social welfare schemes for their betterment. (8) Centre and State Governments should take steps to create public awareness so that TGs will feel that they are also part and parcel of the social life and be not treated as untouchables. (9) Centre and the State Governments should also take measures to regain their respect and place in the society which once they enjoyed in our cultural and social life.

130. We are informed an Expert Committee has already been constituted to make an in-depth study of the problems faced by the Transgender community and suggest measures that can be taken by the Government to ameliorate their problems and to submit its report with recommendations within three months of its constitution. Let the recommendations be examined based on the legal declaration made in this Judgment and implemented within six months.

131. Writ Petitions are, accordingly, allowed, as above. …..………………………J.

(K.S. Radhakrishnan) ………………………….J.

(A.K. Sikri) New Delhi, April 15, 2014.

Law-in-Perspective: Municipal bodies responsible for proper civic amenities: High Court

Law-in-Perspective: Municipal bodies responsible for proper civic amenities: High Court

Executive inaction is a common cause in the country. So much so that the citizens have lose all hope of redressal before the civic authorities and have to approach and plead before the judiciary to take up their cause. A similar contingency took the residents of Panchkula city to file a public interest litigation before the Punjab and Haryana High Court, being aghast with the inaction of the Municipal Council, Panchkula in providing civic amenities, ensuring public hygiene, and upkeep and maintenance of Panchkula city. The plight of these residents was evident from the contents of their petition which the High Court duly noted as under;

Petitioners have made a grievance that worst ever civic conditions are prevailing in Panchkula. Roads are full of potholes, broken to the extent that metalled portion is not visible. The petitioners also lament Municipal Council for poor drainage system and non-maintenance of parks. The writ petitioners have gone to the extent of praying that this Court should direct the State Government to dissolve the house of Municipal Council, Panchkula as they have miserably failed to perform their statutory duties and obligations. The writ petitioners have made further averments that Municipal Council though having necessary adequate funds have been incurring wasteful expenditure for lack of vision and funds are pilfered due to corruption prevailing in the system to which many Municipal Councillors are party. To illustrate this averment, petitioners have pleaded that one year old foot paths are being replaced by new foot paths, cement chequered tiles used on a foot path and laid year ago after dismantling are being taken away by Contractor or other persons. Petitioners have urged that neither there was any necessity nor it was prudent to replace the old tiles and the funds spent in this manner could have been utilized in a better way.

The High Court, to examine the merits of the allegation, appointed an amicus curie who "submitted a report depicting pathetic conditions prevailing in the city of Panchkula in regard to roads, sanitation, water stagnation and non-operation of sewage treatment plant". These allegations were retorted to by the Municipal Council which "pleaded that Municipal Council, Panchkula came into existence on 25th December, 2001 and since then the Municipal Council, Panchkula, with limited staff and limited funds, is trying its best to provide basic amenities to the residents of the city." The High Court was, however, not impressed with the defense. It noted the aspirations of the citizens for better living conditions and the mandate was upon the Municipal authorities to provide such. The High Court observed,

We have heard counsel for the parties and gone through the pleadings made in the present writ petition. The present writ petition brings into focus aspirations and hopes of the citizens of this country, who, after 62 years of independence, seek and demand that the Municipal Councils, a form of local self government, should ensure good living conditions, civic amenities and public hygiene. Government functionaries, officials of local self government, its elected representatives, have not been able to answer the growing needs and expectations of the citizens of the country. Lack of vision and perspective, compulsion of a tight rope walk to balance the need of those, who live in slums and in highly urbanized area, inadequacy of funds, difficulty in generating revenue from the stakeholders, fiscal mismanagement, populist approach to satisfy the demands of all strata of life, are some of the reasons, which can be spelled to notice various difficulties faced by the Municipal Councils/ Corporations managing the affairs of cities of India. This requires a peep into functioning and management of cities and towns of India through local self government.

Traditionally, urban local bodies have been looking after the basic amenities of civic life, which included water supply and sanitation, roads and drains, maintenance of public places, burial grounds and crematoria, cattle pounds, provision of street lights, fire brigades and maintenance of markets. For performing these duties, certain administrative and regulatory functions have also been undertaken by urban local bodies, which included maintenance of register of births and deaths, grant of license for sale of various food items, control and planning of urban development, sanctioning of building plans, inspection of buildings constructed, maintenance of record of rights and also public health areas, such as eating places, slaughter houses and tanneries etc.

By passage of time, role of urban local bodies has been substantially broadened. Regulation of land use, planning of economic and social development, safeguarding the interests of weaker sections of society including the handicapped and mentally retarded, slum improvement and upgradation, urban poverty alleviation, promotion of cultural, educational and aesthetic aspects and protection of environment and safeguarding of health have become part of functions and duties falling within Municipal domain.

New Delhi Declaration, which was adopted by the U.N. General Assembly in December 1990, though recognizes that provision of basic amenities will remain one of the core activities of the urban local bodies, enlarging the scope further announce that following objects are required to be achieved by the Municipal local bodies:

1. Protection of the environment and safeguarding of health through the integrated management of water resources and liquid and solid waste;
2. Organisational reforms, promoting an integrated approach and including changes in procedures, attitudes, and behaviour, and the full participation of women at all levels;
3. Community management of services, backed by measures to strengthen the capacity of local institutions in implementing and sustaining water and sanitation programmes;
4. Sound financial practices, achieved through better management of existing assets and extensive use of appropriate technologies.

Government of India has further resolved that water needs to be managed as an economic asset rather than a free commodity. So the provision and management of water is also one of the essential duties of Municipal bodies. To achieve the above objectives and answer needs of the growing times, Union of India has formulated a scheme, called Jawaharlal Nehru National Urban Renewal Mission.

However, in view of the fact that the Municipal authorities had woken up to the cause and begun drawing action plans for the upheaval of the living conditions in the city of Panchula, the High Court refrained from passing any directions as it felt that "that the authorities are alive to the remedial measures and are geared to take recourse to mechanism, which shall provide better urban living."

Download Decision here.

Source - www.legalperspectives.blogspot.com