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Friday, July 10, 1998

In High Court today

 
Kantharia quits as state Lokayukta

Lokayukta of Maharashtra, Justice H H Kantharia (Retd), has resigned. Incapacitated following a paralytic attack, Justice Kantharia had not attended office since august 1997. His resignation comes into effect from November 30.

Giving this information to a division bench of Chief Justice M B Shah and Justice V R Datar, Advocate General A V Sawant said the uplokayukta would discharge Lokayukta's function till a replacement was made. He added that Justice Kantharia put in his papers on May 13 and his resignation was accepted by the governor on May 15. It comes into effect from November 30. The division bench was hearing a petition filed by the All India Crime Prevention Society (AICPS) seeking the Lokayukta's removal for not having attended office for so long. Earlier in January this year, one Mohammed Yusuf Khatri had filed a similar petition and the advocate general had assured prompt action. However, no action was taken.

Sahara's land deals setaside

The state government had set aside seven land transactions by Sahara (India) Housing Ltd involving nearly 100 acres of tribal land in Mulshi taluka of Pune district for its ambitious Amby Valley project.

Advocate General C J Sawant informed the Bombay High Court on Thursday that the state government had taken action against the lake city project spread over nearly 4,000 hectares near Lonavla.

After the last hearing the high court had ordered the government to submit a status report on its decisions regarding the Sahara project. The order had come in the wake of a petition filed by Bombay Environmental Action Group (BEAG).

Sawant also stated that the Ranganathan Committee set up by the state government is currently looking into Sahara's dealings in tribal lands. The committee will submit its report by July 31. Meanwhile, the government had objected to eight land deals by Sahara involving 110 acres where it was found that in seven cases adivasis owned the land. Moreover, the company had notobtained permission from the appropriate authority, the Divisional Revenue Commissioner, for these deals.

The committee is also looking into the allegation of encroachment upon forest lands. The Forest Department had served notices to Sahara Housing Ltd in this regard. The Collector of Pune is currently hearing investigating into this issue. After the Forest department sought more time to produce evidence on the encroachment, the Collector has asked them to move the high court, the Advocate General informed the court.

`Offer medical course to handicapped'

In an interim order on Thursday, the Bombay High Court directed the Director of Medical Education to accept the admission form by a physically handicapped student for a post-graduation in the medical course.

The direction came in the wake of a petition filed by Rima Chatterjee who was denied a seat for post-graduation in the medical course in a government-run college. She had moved the court urging it to direct the state government toimplement the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The Act stipulated reservation of three per cent seats for physically handicapped in all educational institutions in Maharashtra.

Advocate General C J Sawant informed the court that the new prospectus of the engineering and medical courses do not mention the three per cent quota for the handicapped. After he raised other objections to the immediate implementation of the Act, the matter was scheduled for next hearing on July 14.

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.


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