HYDERABAD: A two-judge bench of the Telangana High Court on Thursday faulted the Lake Protection Cell for its seeming silence and directed it to place before the court a list of all the lakes under the jurisdiction of HMDA. The bench, comprising Chief Justice Alok Aradhe and Justice T. Vinod Kumar, was dealing with a PIL filed by the Human Rights and Consumer Protection Cell Trust complaining about the construction of the National Institute of Tourism and Hospitality Management Centre in the middle of Ramammakunta Lake at Gachibowli. The bench, while modifying an earlier order staying all constructions keeping in view that public exchequer funds were involved, it made it clear that construction outside of the buffer zone may proceed. It, however, said that any construction will be on an affidavit that such construction will be outside the buffer zone. When repeated questions found no answers, the Chief Justice said that if the lake protection committee, a statutory body, had no answers about the lakes in the city 15 years after it was created then it had become a white elephant and required to be closed down. The bench, however, did not make the observation a part of the order and granted time to the authority to file a list by the next date of hearing. The bench directed the matter to be listed on August 10.
State agrees to pensionary benefits to APAT members
The state government reported compliance with the orders regarding the fixation of gratuity and family pension of P. Suresh Reddy, former judicial member of the AP Administrative Tribunal, before the bench of Justice T. Vinod Kumar and Justice Pulla Karthik. The petitioner had filed a writ petition complaining that though in 2021 the government had clarified that the benefit of 10 years of practice as an advocate must be counted for his pensionary benefits, the authority had failed to do so. Although the claim in the writ petition was upheld in 2020, Suresh Reddy complained that the government was yet to implement it. The bench was hearing a contempt case. Justice Vinod Kumar wondered what would be the plight of the common man if this be the fate of a judicial member.
HC RTI rules challenged
A two-judge bench of the Telangana High Court on Thursday admitted a challenge to the High Court Right to Information rules. The bench of Chief Justice Alok Aradhe and Justice T. Vinod Kumar was hearing a writ petition filed by B. Nikhil questioning Rules 3 and 4, which do not provide an exception from payment of fee by persons below the poverty line (BPL). Baglekar Akash Kumar, counsel for the petitioner, referred to a ruling of the apex court to point out that the High Court RTI rules is restrictive of the right to speech and expression. The bench sought the stance of the registrar general and public information officer-cum-registrar judicial by August 29.
HC questions taxmen’s lethargy
A two-judge bench of the Telangana High Court, comprising Justice P. Sam Koshy and Justice N. Tukaramji, on Thursday, questioned the commercial tax department on why the amount due to a petitioner, Gennex Laboratories Limited, amounting to more than '80 lakh, was not being released in spite of the orders of the appellate tribunal. The petitioner's counsel said that the claim pertained to the assessment year 2001-2002. The amount was determined after a round of three writ petitions and orders of the Supreme Court and was directed to be refunded in February 2022. Counsel for the CTD said that clearances had been given and the issue was pending before the treasury. The court, while posting the matter to August 7, directed the CTD counsel to come up with a positive answer failing which officials would be summoned.
NCC state recruitment policy challenged
The bench granted time to the state government and the Centre to respond to allegations of faulty interpretation of the law relating to reservation for NCC candidates in state police services. The bench deferred hearing a writ petition on the matter to July 31. The bench was dealing with a writ petition challenging the practice of the TS Police Recruitment Board in not implementing incentives in the form of bonus marks to NCC certificate holders in direct recruitment to the state police, as advised by the Union home ministry, or giving preference to NCC 'C' certificate holders over those holding 'B' certificates, NCC B certificate holders over those with the A certificate. Petitioners Gurram Raghuram and others said that all the candidates were considered as per merit without giving any weightage to the NCC certificates. Some of the candidates also submitted representations to the chairman TSLPRB in June 2022 but had received no response.
HC warns against mechanical preventive detention in TG
A two-judge bench of the Telangana High Court cautioned the state government that any case relating to preventive detention based on a single case would attract heavy costs. The bench of Justice K. Lakshman and Justice P. Sree Sudha was dealing with a habeas corpus petition for the release of Shaik Mahmood. The bench repeatedly faulted the state government for mechanically passing orders of preventive detention. It referred to the scathing comments by the apex court, but to no avail. The bench on Thursday cautioned the government that it would run the risk of being fined if such detention orders continued to be passed.
Treating transgender medical aspirant as female draws flak
A two-judge bench of the Telangana High Court will hear on Friday a writ relating to the entitlement of a transgender person to a PG medical course. The bench of Chief Justice Alok Aradhe and Justice T. Vinod Kumar was hearing a writ petition filed by K. Ruth John Paul complaining that the authorities were treating the transgender as a female, contrary to the law. Senior counsel L. Ravichander pointed out that it was highly insensitive on the part of the authorities to make such a callous classification. “Adding insult to injury, the candidate is being lobbed around from one place to another. Neither the state government nor the central government is prepared to stand up to the challenge and provide a space for a transgender in the polity,” the senior counsel said.
