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‘The order has to be stayed’, SC on eviction of govt officers from Delhi’s Sujan Singh Park flats

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The Supreme Court on Wednesday stayed the Delhi High Court order, which upheld the Additional Rent Controller order directing the eviction of tenant central government officials at the Sujan Park flats, located near the tony Khan market.

A bench headed by Justice Hemant Gupta said: “Stay operation of eviction order”. The bench also issued notice to Sir Sobha Singh and Sons Pvt Ltd on a petition filed by the central government.

Solicitor General Tushar Mehta, representing the central government, submitted that bouncers were being sent to evict the government officers and sought a stay on the operation of the high court order.

Justice Gupta said: “Yes, the order has to be stayed”.

A Senior advocate Maninder Singh, representing Sir Sobha Singh & Sons, submitted that the government owes huge arrears and urged the top court not to stay the operation of the order. Singh said his client should be allowed to file the reply in the matter. The bench has sought response in four weeks.

The bench, also comprising Justice V. Ramasubramanian, observed that till it examined the issue, whether the eviction was correct in law status quo should be maintained as on the date when the high court decided the matter.

The central government moved the top court challenging a Delhi High Court, which was passed in January 2020, affirming the decision of the Additional Rent Control Tribunal directing the Centre to make payment of unpaid arrears of rent owed to the respondent, Sir Sobha Singh and Sons P. Ltd.

In 1945, Sir Sobha Singh was granted perpetual lease of 7.58 acres of land by the British in north and south Sujan Singh Park for construction of 84 flats, on a condition that half of the flats would be given to accommodate government officers on concessional rent.

The flats included five single bedroom flats, nine double bedroom flats, 39 servant quarters and 25 garages. In 1959, the estate officer issued notices to the flat owners for alleged violations of the approved construction plan and use of flats for purposes in breach of the lease agreement. In February 2005, the additional rent controller ordered eviction of government officials from the premises.

The Centre’s plea said that a bare reading of Section 3 makes it clear that any government property demised in favour of a person in the form of a ‘Grant’ as per provisions of the Grants Act, will be excluded from the scope of application of the provisions of any other law/statute. It further added that any legislation which is contrary to the notions in the Government Grant, will not apply to a government property granted in favour of a specific person. It is therefore submitted that the provisions of the Grant Act will have an overriding effect over any other law, in force, which is contrary thereto.

The Centre’s plea said: “The Tribunal vide order dated 01.09.2007 erroneously held that the contested property was covered under the provisions of the Delhi Rent Control Act (DRCA). Moreover, the Hon’ble High Court affirmed the said finding vide order dated January 8, 2020”.

It added, “It is most reverentially submitted that the Grants Act is a special statute and so, it would prevail over other statutes and so, the provisions contained in the Grants Act will have an overriding effect on the provisions contained in the DRCA. Furthermore, it is submitted that the Transfer of Property Act, 1882 has expressly been excluded from the arena of Government Grants.”

Crime

RG Kar victim’s parents yet to secure death certificate even after six months

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Kolkata, Feb 22: Over six months have passed since the shocking rape and murder of a junior woman doctor at Kolkata’s R.G. Kar Medical College and Hospital but her parents are still to get a copy of her death certificate.

The body of the victim was recovered from a seminar hall within the premises of the state-run institution early on August 9 last year.

The victim’s parents have alleged that they have been unable to get the death certificate till now as the R.G. Kar and Kolkata Municipal Corporation (KMC) authorities are shifting the responsibility onto each other.

According to them, the KMC authorities are claiming that since the “place of death” is R.G. Kar, it is the responsibility of the hospital authorities to provide the death certificate.

On the other, the R.G. Kar authorities claim that if a patient dies within the hospital premises or is even brought dead to the hospital, the death certificate will have to be provided by the KMC authorities, the parents added.

The victim’s parents have further claimed that although they have not got a copy of the death certificate, it has been mentioned in the court documents, as per the statement of a medical officer attached to R.G. Kar.

They now say if the death certificate is mentioned in the court documents, why was a copy of the certificate not handed over to them?

Last week, a special court in Kolkata, which had convicted and sentenced civic volunteer Sanjay Roy in the rape and murder case, directed the Central Bureau of Investigation (CBI) to file a fresh progress report on its investigation in the matter on February 24.

Since the special court has already pronounced the sentence for the convict in the main crime of rape and murder, legal circles feel that the fresh progress report will be related to the angle of tampering with the evidence in the case.

It is learnt that the special court had directed the CBI to submit a fresh progress report following a complaint filed by the counsel of the victim’s family accusing the central agency of not updating the court on the progress of investigation in the matter periodically.

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Crime

Ten persons arrested for attack on Congress MP, says Assam CM

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Guwahati, Feb 21: Assam Chief Minister Himanta Biswa Sarma said on Friday that ten persons have been arrested in connection with the attack on Congress MP Rakibul Hussain.

Taking to social media platform X, CM Sarma said, “The police have identified the individuals involved in the alleged incident of assault on Congress MP Sri Rakibul Hussain.”

He also mentioned that the actions will be taken as per the law.

The Dhubri MP was attacked while attending a public programme in the Nagaon district.

The Congress MP had to run from the spot wearing a helmet to save himself. The security officers of Hussain sustained minor injuries in the attack.

In a viral video, it was seen that some masked miscreants initially showed black flags to the Congress MP and after that attacked him.

In the video, Hussian was seen fleeing from the spot in a two-wheeler to save himself from the attack.

The incident that happened in the Ruporihat locality drew criticism from the opposition with Congress leaders training guns on the BJP government.

Gaurav Gogoi, Deputy Opposition leader in the Lok Sabha, launched a sharp attack on the BJP government as Congress MP Hussain was attacked on Thursday.

Gogoi said, “In Assam, a Congress Lok Sabha MP is attacked by thugs in broad daylight in a busy marketplace. The goons even attack the police security officers and try to snatch their weapons. All of this is recorded on camera. Yet the Chief Minister of Assam Himanta Biswa Sarma refuses to ensure that the thugs will be arrested immediately.”

“The Chief Minister should at least think of his constitutional duty towards Assam Police and the innocent civilians in the marketplace. If the goons had got hold of the machine gun, a terrible tragedy could have taken place. The attitude of the Chief Minister will only embolden the thieves, dacoits, smugglers and those accused of murder. Democracy is under threat and people of Assam want freedom from this gunda raj culture,” he added.

The Leader of the Opposition in the Assembly Debabrata Saikia said it was a “failure” of the police and administration.

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Crime

New India Co-operative Bank Scam: EOW Arrests Former CEO Abhimanyu Bhoan

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Mumbai: The Economic Offences Wing (EOW) has made another arrest in the New India Co-operative Bank scam. Former CEO Abhimanyu Bhoan has been taken into custody, making him the third accused in the case.

The Court has remanded accused into police Custody untill February 28.Bhoan’s arrest follows an ongoing investigation into financial irregularities within the bank, which allegedly led to taken place during his working period.

The authorities suspect his involvement in mismanagement and fraudulent transactions.Further investigation is underway, and officials believe that more arrests may follow in the case.

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