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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

Class 12 Girl Brutally Murdered By Classmate Using Koyta In Baramati College; Post-Crime Visuals Surface

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Class 12 Girl Brutally Murdered By Classmate Using Koyta In Baramati College; Post-Crime Visuals Surface

Pune: In a shocking incident in Baramati on Monday, a grade 12th student was brutally murdered by his classmate on the campus of Tuljaram Chaturchand College. Both the victim and accused were minor and the police have arrested the suspect, reports say.

The incident took place on Monday morning around 11.30 am after a heated argument between the two classmates. In the rage of anger one of them attacked another by a sharp weapon (koyta) after which the victim was taken to a nearby hospital. However, he was declared dead on arrival by the doctors. Police soon reached the spot and arrested the attackers, reports say, adding that one more classmate was involved in the attack.

The incident has sent shockwaves across Maharashtra. MP from Baramati and NCP (SP) Supriya Sule slammed the government for the crippling law and order in the state amid rising crimes. “A youth was killed in a broad daylight in the Baramati college is shocking and unfortunate. The law order is deteriorating day by day and criminals have are left with no fear,” Sule posted on X.

She added that, the incidents of people roaming around with a sword, koyta or pistols have increased. The Gundaraj in Maharashtra has because of failure of Home Minister Devendra Fadnavis, taking our state years back,” the NCP (SP) added.

Further investigation in case is underway.

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Crime

Badlapur Rape Accused Akshay Shinde’s Family Terms His Death As Planned Encounter; ‘They Killed Him,’ Says Grieving Mother

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Badlapur Rape Accused Akshay Shinde's Family Terms His Death As Planned Encounter; 'They Killed Him,' Says Grieving Mother

Mumbai: The death of Akshay Shinde, man accused of sexual assault of two minors, while in police custody has triggered a political controversy in Maharashtra. Shinde, who had been working as a sweeper at a Badlapur school, was accused of sexually assaulting two minor students. His death occurred near the Mumbra Bypass while he was being transferred from Taloja jail to Badlapur for further investigation on September 23.

The Maharashtra government claims police acted in self-defence, but Shinde’s family alleges foul play, calling it an ‘encounter’ and demanding justice. Meanwhile, opposition parties are calling for a judicial probe.

Allegations By Akshay Shinde’s Family

Following the incident, Shinde’s body was taken to JJ Hospital for a post-mortem. Outside the hospital, his mother and uncle voiced their suspicions, claiming that the police had beaten him in custody and coerced him into writing something unknown. “They killed him,” his grieving mother reportedly said while speaking to the reporters.

They questioned how he could have snatched a policeman’s gun and opened fire, stating that Shinde, who feared simple things like bursting crackers and crossing roads, could not have committed such an act. His mother also revealed that he had sent a chit asking for money, adding to their belief that something was amiss.

Thane police commissioner Ashutosh Dumbre has established an eight-member inquiry committee to investigate the incident. The panel, led by Additional Police Commissioner Punjabrao Ugle, includes several deputy and assistant commissioners of police, as well as police inspectors. The inquiry will examine the circumstances leading to Shinde’s death, with a focus on the police’s claim of self-defence.

What Exactly Happened?

According to the police version, Shinde allegedly grabbed a policeman’s gun while being transported and shot at an assistant police inspector. In response, another officer fired at him, resulting in Shinde’s death at Kalwa civil hospital. The police had been transporting him as part of a probe related to allegations made by his ex-wife, who had accused him of sexual violence.

Family Terms Death As ‘Planned Encounter’

Shinde’s family, however, maintains that his death was a planned encounter. His mother insisted that her son was innocent and incapable of the violence described by the police, adding, “He didn’t even know how to drive a car, how could he fire such a big gun?” She demanded that those responsible for his death be punished.

Maharashtra Chief Minister Eknath Shinde and Deputy CM Devendra Fadnavis have supported the police’s account, stating that officers acted in self-defence after Shinde fired at them. Fadnavis, who also holds the home ministry portfolio, dismissed opposition criticism, stating that it was wrong to question the police when they were trying to save lives.

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Crime

Maharashtra: 16-Year-Old Girl Gangraped By 2 Men In Nalasopara; 1 Arrested

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Mumbai: Police have arrested one person and are searching for another suspect who is on the run after the pair allegedly gangraped a 16-year-old girl and blackmailed her by threatening to release a video if she approached the police.

The incident took place in Palghar district’s Nalasopara neighbourhood.

Case Filed Against The Two Men

The Achole Police Station has filed a case against two men, accusing them of violating several provisions of the BNS as well as the Protection Of Children from Sexual Offences Act (POCSO) Act, based on the survivor’s statement. While police are looking for Jian, the other accused, 23-year-old Anees Shaikh, has been arrested.

About The Incident

According to the police, the girl a resident of Malad had met accused Shaikh, through social media in August and befriended him. According to her statement to police on September 2, Shaikh called her to Nalasopara for a tuition class. When the girl went to meet him, Shaikh took her to a lodge and allegedly raped her.

On September 5, Anees invited her again and, along with Jian, took her on a bike to a lodge in Arnala. There, Anees allegedly raped her again, and Jian recorded the incident on video while also physically assaulting her. According to the police officials, the accused used it to blackmail her to keep quiet about the incident. He reportedly said, “If you tell anyone about this, then it will be bad.”

The minor later filed a complaint at the Arnala Sagar Police Station. Although the first incident occurred within the Achole Police Station’s jurisdiction, Arnala Sagar Police Station registered the case and transferred it to the Achole Police Station.

Police said they are continuing their investigation and are working to apprehend the second accused, Jian.

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