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Bombay High Court says, ‘Speeding not an offence, rash driving is’

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The Bombay High Court has upheld acquittal of a man whose car allegedly killed a cyclist and a bullock observing that driving a car speedily is not an offence; the act is punishable only if it is rash and negligent.

“Act of driving is punishable only when it is rash and negligent. Rashness implies speed which is unwarranted. Whereas the act of negligence involves not taking proper care and paying attention while driving,” observed Justice SM Modak early this month.

The HC was hearing appeal challenging acquittal of a Kuldeep Pawar
The HC was hearing an appeal filed by the State government challenging the acquittal of one Kuldeep Pawar.

According to the prosecution, on November 1, 2009, at 8.30am, Vasant Desai, owner of a bullock cart, and one Balaso Mane were cycling on a road near village Tasgaon. At the time, Pawar drove by in his Tata Sumo, at a speed, and allegedly dashed into the bullock and then into Mane. The police charged Pawar with culpable homicide not amounting to murder.

Pawar was acquitted on August 24, 2011. The state approached the HC challenging his acquittal. One of the passers-by testified that the car came speedily when it dashed against Mane and the bullock.

However, Justice Modak observed that the evidence has to be appreciated on the basis of other available materials.

Judge noted speed alone is not punishable
The judge noted that speed alone is not punishable unless the car is driven rashly and negligently.

The HC noted that the bullock cart owner and one of the eye witnesses gave completely opposite statements as far the directions of the bullock cart were concerned. That is, whether the art was heading south to north or vice-versa. The cart owner said he was going from north to south.

According to the spot panchanama, the bullock cart was lying on the southern side and facing the eastern flank. The panch witness, however, said that the bullock cart was found on the northern side of the road.

The HC noted that it could not conclude the directions in which the car, the bullock cart and the cyclist were going.

“With the assistance of both the sides (prosecution and accused), I am trying to understand the direction as per documentary evidence and the oral evidence. We have tried to understand it from various angles but we could not arrive at a particular conclusion,” noted justice Modak.

Advocate for Pawar said investigating officer is not an eye-witness
Aashish Satpute, advocate for Pawar, submitted that there were tea stalls at the accident spot; however, statements of none of these independent eye-witnesses were recorded by the police. The policeman, who was examined by the prosecution, is not an eye-witness to the incident and his evidence is only relevant to what he has seen after the incident, added Satpute.

The court felt that it was “really a strange state of affairs” — that, neither the Investigating Officer has prepared a map/rough sketch, nor “the trial court has taken pains in recording directions correctly in the evidence”.

“It is true that the consequences of the accident are the death of the bullock and the bicycle driver. For want of evidence, the trial court could not come to the conclusion about rash and negligent driving by the respondent. Even this court is unable to come to that conclusion for the above reasons,” said the HC while upholding Pawar’s acquittal.

Mumbai Press Exclusive News

Jogeshwari POCSO case: Accused out on bail arrested again

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Mumbai: A fugitive accused involved in the Mumbai Pisco case has been arrested again by the Jogeshwari police after 6 years. In Jogeshwari, Mumbai, accused Pankaj Panchal, 27, was arrested in 2019 in the Pisco child abuse and exploitation case and was on bail but was absent from court proceedings and had been hiding his identity for the last 6 years. The police received information that the accused had come near the SRA building, on which the police laid a trap and succeeded in arresting the accused from Jogeshwari. The court had also issued a non-bailable warrant against him, after which the police complied with it and arrested him and presented him in the court and the court has sent him on remand. The police are investigating further. This information has been given by DCP Datta Nalawade of Mumbai Police Zone 10.

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Ashwini Vaishnaw flags off Swarnanagari Express, connecting Jaisalmer to Delhi

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Jaipur, Nov 29: Railway Minister Ashwini Vaishnaw and Union Tourism Minister Gajendra Singh Shekhawat jointly flagged off the Swarnanagari Express on Saturday, which will connect Jaisalmer with Delhi.

During the inauguration ceremony, responding to the request of Union Minister Shekhawat and the locals, the Railways Minister announced the renaming of the newly-launched train from Jaisalmer–Shakur Basti–Jaisalmer to Swarnanagari Express.

He announced that the train will begin regular operations on December 1.

The minister said that development work at Jaisalmer railway station is in its final phase and is expected to be completed within a month.

“Efforts will be made to ensure that Prime Minister Narendra Modi inaugurates the upgraded station,” he said.

Union Minister Vaishnaw also confirmed that the railway line between Jaisalmer and Jodhpur will be upgraded soon.

According to officials, these initiatives will significantly improve connectivity, boost tourism, and strengthen strategic infrastructure in the border region.

Ashwini Vaishnaw said that the connectivity will strengthen national security.

Preparations are underway to connect several regions along the Rajasthan–Pakistan border with new railway lines.

He said that extending rail connectivity to these sensitive areas will significantly enhance the country’s security infrastructure.

Under this initiative, new railway lines are proposed for Anupgarh, Bikaner, Jaisalmer, Barmer, and Bhildi.

The minister arrived in Jaisalmer on Saturday to inaugurate a new train service to Delhi.

The minister also visited stalls under the One Station, One Product scheme and made purchases to promote local artisans.

He said that the Detailed Project Report (DPR) for the proposed border-area railway lines is being prepared and will be completed in the coming months.

“A complete effort will be made to connect the entire border region,” he assured.

He added that railway projects worth approximately Rs 55,000 crore are currently in progress across Rajasthan, including the redevelopment of 85 railway stations.

Work is also advancing on multiple new railway corridors and infrastructure projects.

The new initiatives, officials said, will improve connectivity, boost tourism, and strengthen strategic infrastructure in the border region.

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Mumbai Press Exclusive News

MHADA to Blacklist Developer, File Criminal Case in Nagpada Redevelopment Mess

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Mumbai: In a significant move aimed at protecting long-awaited tenant rehabilitation, the Maharashtra Government has approved the compulsory acquisition of three severely dilapidated buildings in Nagpada—Taumbawala Building, Deoji Darsi Building, and Zohra Mansion—after a decade-long delay in redevelopment.

The approval, issued through a Government Resolution dated 28 November 2025, empowers MHADA to take control of the stalled project under the amended provisions of the MHADA Act, 1976, following recent directions from the Bombay High Court.

The three buildings, located on Chhouthi Peer Khan Street and falling under C.S. Nos. 1458, 1459, and 1460 in the Byculla Division, were part of an extensive redevelopment plan covering several structures, including Building Nos. 13–13A, 13B, 15, 17, 19, 21–23, 31–33, and 35–37.

Although the developer managed to complete the structural framework of a proposed ground + 20-storey tower, the project has remained stagnant for nearly ten years. Key failures highlighted by authorities include:

  • Not providing permanent housing to tenants
  • Non-payment of transit rent for the last three years
  • Extremely slow progress in internal construction
  • Rising complaints and grievances from tenants

The situation prompted affected tenants to approach the Bombay High Court. On 1 October 2025, the Court directed the State to take necessary action under the MHADA Act, setting the stage for the latest government intervention.

Acting on MHADA’s proposal, the State Government has now sanctioned the compulsory acquisition of the 1,532.63 sq. m. land parcel on which the three buildings stand. MHADA will assume control to complete the long-pending redevelopment work and ensure rehabilitation of residents.

As part of the acquisition process, the government has laid down several mandatory conditions:

The developer must submit complete details of:

  • Third-party rights
  • Bank loans and financial liabilities
  • Any other encumbrances

Only after reviewing these disclosures will the State grant final approval.

The government has ordered:

  • Blacklisting of the developer
  • Criminal proceedings for negligence and failure to fulfill obligations
  • Intimation to agencies including the BMC and other relevant departments

MHADA and the Mumbai Building Repair and Reconstruction Board must adhere to the Housing Department’s guidelines issued on 22 August 2023, and secure all required approvals before taking over the project.

Authorities have also been instructed to initiate immediate legal and administrative measures to take physical possession of the property.

Redevelopment of Mumbai’s aging and precarious buildings has long been plagued by delays, disputes, and stalled projects. The State’s decision to step in reinforces the strengthened provisions of the MHADA Act, which empower authorities to take over unsafe and defaulted redevelopment projects in the interest of residents.

With the acquisition now cleared, MHADA will move ahead with completing the redevelopment and finally rehabilitating the displaced families of Zohra Mansion, Taumbawala Building, and Deoji Darsi Building—offering hope to tenants who have waited more than a decade for secure housing.

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