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6. On the other hand, it is very strenuously argued by Sri
Ashwani Garg, learned counsel for the claimants, that in view of the
fact that there are six dependents on the deceased, of whom, four
are school-going children, who are required to be educated by the
1st respondent widow, the High Court rightly enhanced the
compensation and the Judgment under Appeal does not call for any
interference by this Court.
7.
This Court in <cite>Jasbir Kaur case (supra)</cite> held that the Tribunal is
required to make a just and reasonable Award determining the
compensation to be paid to the dependents of the victim of a fatal
motor vehicle accident. Explaining the concept of just and
5
reasonable Award in the context of a motor vehicle accident claim,
this Court held as follows:
“It has to be kept in view that the Tribunal constituted
under the Act as provided in Section 168 is required to
make an award determining the amount of compensation
which is to be in the real sense "damages" which in turn
appears to it to be 'just and reasonable'. It has to be borne in
mind that compensation for loss of limbs or life can hardly
be weighed in golden scales. But at the same time it has be
to be borne in mind that the compensation is not expected
to be a windfall for the victim. Statutory provisions clearly
indicate the compensation must be "just" and it cannot be a
bonanza: not a source of profit; but the same should not be
a pittance. The Courts and Tribunals have a duty to weigh
the various factors and quantify the amount of
compensation, which should be just. What would be "just"
compensation is a vexed question. There can be no golden
rule applicable to all cases for measuring the value of
human life or a limb. Measure of damages cannot be
arrived at by precise mathematical calculations. It would
depend upon the particular facts and circumstances, and
attending peculiar or special features, if any. Every method
or mode adopted for assessing compensation has to be
considered in the background of "just" compensation which
is the pivotal consideration. Though by use of the
expression "which appears to it to be just" a wide discretion
is vested on the Tribunal, the determination has to be
rational, to be done by a judicious approach and not the
outcome of whims, wild guesses and arbitrariness. The
expression "just" denotes equitability, fairness and
reasonableness, and non-arbitrary. If it is not so it cannot be
just. (See Helen C. Rebello Vs. Maharashtra State Road
Transport Corporation, AIR1998SC3191).” | <para>
6. On the other hand, it is very strenuously argued by Sri
Ashwani Garg, learned counsel for the claimants, that in view of the
fact that there are six dependents on the deceased, of whom, four
are school-going children, who are required to be educated by the
1st respondent widow, the High Court rightly enhanced the
compensation and the Judgment under Appeal does not call for any
interference by this Court.
</para>
<para>
7.
This Court in <cite>Jasbir Kaur case (supra)</cite> held that the Tribunal is
required to make a just and reasonable Award determining the
compensation to be paid to the dependents of the victim of a fatal
motor vehicle accident. Explaining the concept of just and
5
reasonable Award in the context of a motor vehicle accident claim,
this Court held as follows:
“It has to be kept in view that the Tribunal constituted
under the Act as provided in Section 168 is required to
make an award determining the amount of compensation
which is to be in the real sense "damages" which in turn
appears to it to be 'just and reasonable'. It has to be borne in
mind that compensation for loss of limbs or life can hardly
be weighed in golden scales. But at the same time it has be
to be borne in mind that the compensation is not expected
to be a windfall for the victim. Statutory provisions clearly
indicate the compensation must be "just" and it cannot be a
bonanza: not a source of profit; but the same should not be
a pittance. The Courts and Tribunals have a duty to weigh
the various factors and quantify the amount of
compensation, which should be just. What would be "just"
compensation is a vexed question. There can be no golden
rule applicable to all cases for measuring the value of
human life or a limb. Measure of damages cannot be
arrived at by precise mathematical calculations. It would
depend upon the particular facts and circumstances, and
attending peculiar or special features, if any. Every method
or mode adopted for assessing compensation has to be
considered in the background of "just" compensation which
is the pivotal consideration. Though by use of the
expression "which appears to it to be just" a wide discretion
is vested on the Tribunal, the determination has to be
rational, to be done by a judicious approach and not the
outcome of whims, wild guesses and arbitrariness. The
expression "just" denotes equitability, fairness and
reasonableness, and non-arbitrary. If it is not so it cannot be
just. (See Helen C. Rebello Vs. Maharashtra State Road
Transport Corporation, AIR1998SC3191).”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
8. Keeping the above principle in view, we must now examine
the correctness of the conclusion arrived at by the Judgment under
Appeal that the income of the deceased Virender Singh is to be
taken at Rs.24,000/- per month. The reasoning of the High Court in
that regard is as follows:
6
“ While trying to assess his income, the learned Tribunal
has conclused that as a driver he must have been earning
Rs.3900/- per month and his total income would have been
7500/- per month. However, considering the fact that
Vijendra Singh would have earned Rs.3900/- per month as
a driver, it is difficult to believe that he would have earned
merely Rs.3600/- from the two buses owned by him. There
is no evidence produced by the respondent No.3 to show
that the buses were not being plied. Considering the lack of
transportation buses are plied. Thus, it is difficult to believe
that in the transportation business, owner of two buses
would have earned merely Rs.3600/- per month from two
buses. Therefore, the logic of the learned Tribunal is
highly questionable. If the figure of Rs.3900/- has a
reasonable assessment of the salary of a driver, obviously
the owner of two buses would have earned more than
Rs.3900/- to the driver of his own bus. Thus, a reasonable
assessment would be that the owner of bus would be
earning atleast Rs.10,000/- from each bus. Therefore,
Vijendra Singh’s income should be taken as Rs.23,900/-
per month or Rs.24,000/- in the round.”
In other words, in view of the Tribunal’s conclusion that Vijender
Singh was earning an amount of Rs.3900/- in his capacity as the
driver of the bus per month, the High Court reached the conclusion
that in his capacity as the owner of three buses, he must be
deriving a much higher income from the buses. We agree with the
logic of the High Court. However, the quantum of such income
would depend upon various factors, such as; whether it is a stage
carriage or a contract carriage, the condition of the bus, its seating
capacity, the route on which it is plying, the cost of maintenance,
the taxes to be paid on such business etc. But, the question is
whether the income (either gross or net) derived by the owner of a
bus could legally form the basis for determining the amount of
compensation payable to his dependents, if he happens to die in a
motor vehicle accident.
7
9.
In our opinion, such an income cannot form the legal basis for
determining the compensation. | <para>
8. Keeping the above principle in view, we must now examine
the correctness of the conclusion arrived at by the Judgment under
Appeal that the income of the deceased Virender Singh is to be
taken at Rs.24,000/- per month. The reasoning of the High Court in
that regard is as follows:
6
“ While trying to assess his income, the learned Tribunal
has conclused that as a driver he must have been earning
Rs.3900/- per month and his total income would have been
7500/- per month. However, considering the fact that
Vijendra Singh would have earned Rs.3900/- per month as
a driver, it is difficult to believe that he would have earned
merely Rs.3600/- from the two buses owned by him. There
is no evidence produced by the respondent No.3 to show
that the buses were not being plied. Considering the lack of
transportation buses are plied. Thus, it is difficult to believe
that in the transportation business, owner of two buses
would have earned merely Rs.3600/- per month from two
buses. Therefore, the logic of the learned Tribunal is
highly questionable. If the figure of Rs.3900/- has a
reasonable assessment of the salary of a driver, obviously
the owner of two buses would have earned more than
Rs.3900/- to the driver of his own bus. Thus, a reasonable
assessment would be that the owner of bus would be
earning atleast Rs.10,000/- from each bus. Therefore,
Vijendra Singh’s income should be taken as Rs.23,900/-
per month or Rs.24,000/- in the round.”
In other words, in view of the Tribunal’s conclusion that Vijender
Singh was earning an amount of Rs.3900/- in his capacity as the
driver of the bus per month, the High Court reached the conclusion
that in his capacity as the owner of three buses, he must be
deriving a much higher income from the buses. We agree with the
logic of the High Court. However, the quantum of such income
would depend upon various factors, such as; whether it is a stage
carriage or a contract carriage, the condition of the bus, its seating
capacity, the route on which it is plying, the cost of maintenance,
the taxes to be paid on such business etc. But, the question is
whether the income (either gross or net) derived by the owner of a
bus could legally form the basis for determining the amount of
compensation payable to his dependents, if he happens to die in a
motor vehicle accident.
7
</para>
<para>
9.
In our opinion, such an income cannot form the legal basis for
determining the compensation.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
10.
In <cite>Jasbir Kaur case (supra)</cite>, the claim was based on an
assertion that the deceased was an agriculturist earning an amount
of Rs.10,000/- per month by cultivating his land. Dealing with the
question, this Court held:
“8. xxxxxxxxx. The land possessed by the deceased still
remains with the claimants as his legal heirs. There is
however a possibility that the claimants may be required to
engage persons to look after agriculture. Therefore, the
normal rule about the deprivation of income is not strictly
applicable to cases where agricultural income is the source.
Attendant circumstances have to be considered.”
11. Coming to the case on hand, the claim is based on the
assertion that the deceased owned agricultural land apart from the
abovementioned three mini-buses. The High Court rejected the
claim insofar as it is based on the income from the land, on the
ground that the income would still continue to accrue to the benefit
of the family. Unfortunately, the High Court failed to see that the
same logic would be applicable even to the income from the
abovementioned three buses. The asset (three mini-buses) would
still continue with the family and fetch income. The only difference,
perhaps, would be that during his life time the deceased was
managing the buses, but now, the claimants may have to engage
some competent person to manage the asset, which, in turn, would
require some payment to be made to such a manager. To the
extent of such payment, there would be a depletion in the net
8
income accruing to the claimants out of the asset. Therefore, the
amount required for engaging the service of a manager and the
salary payable to a driver – as it is asserted that the deceased
himself used to drive one of the three buses – would be the loss to
the claimants. In the normal course the claimants are expected to
adduce evidence as to what would be the quantum of depletion in
the income from the abovementioned asset on account of the
abovementioned factors. Unfortunately, no such evidence was led
by the claimants. | <para>
10.
In <cite>Jasbir Kaur case (supra)</cite>, the claim was based on an
assertion that the deceased was an agriculturist earning an amount
of Rs.10,000/- per month by cultivating his land. Dealing with the
question, this Court held:
“8. xxxxxxxxx. The land possessed by the deceased still
remains with the claimants as his legal heirs. There is
however a possibility that the claimants may be required to
engage persons to look after agriculture. Therefore, the
normal rule about the deprivation of income is not strictly
applicable to cases where agricultural income is the source.
Attendant circumstances have to be considered.”
</para>
<para>
11. Coming to the case on hand, the claim is based on the
assertion that the deceased owned agricultural land apart from the
abovementioned three mini-buses. The High Court rejected the
claim insofar as it is based on the income from the land, on the
ground that the income would still continue to accrue to the benefit
of the family. Unfortunately, the High Court failed to see that the
same logic would be applicable even to the income from the
abovementioned three buses. The asset (three mini-buses) would
still continue with the family and fetch income. The only difference,
perhaps, would be that during his life time the deceased was
managing the buses, but now, the claimants may have to engage
some competent person to manage the asset, which, in turn, would
require some payment to be made to such a manager. To the
extent of such payment, there would be a depletion in the net
8
income accruing to the claimants out of the asset. Therefore, the
amount required for engaging the service of a manager and the
salary payable to a driver – as it is asserted that the deceased
himself used to drive one of the three buses – would be the loss to
the claimants. In the normal course the claimants are expected to
adduce evidence as to what would be the quantum of depletion in
the income from the abovementioned asset on account of the
abovementioned factors. Unfortunately, no such evidence was led
by the claimants.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
12.
In the circumstances, the Judgment under Appeal cannot be
sustained as the finding of the High Court that the claimants lost an
amount of Rs.16,000/- per month due to the death of Vijender
Singh is neither based on any evidence nor the logic adopted by the
High Court for arriving at such a conclusion is right. In the normal
course, the matter should have been remitted to the Tribunal for
further evidence for ascertaining of the basis upon which the
compensation is to be determined. But having regard to the fact
that the accident occurred a decade ago, we do not propose to
remit the matter for further evidence.
13.
The High Court opined that the deceased would have
contributed an amount of Rs.16,000/- per month to the
dependents, whereas the Tribunal opined that the deceased would
have contributed an amount of Rs.5,000/-. Both the Courts below
proceeded to arrive at the abovementioned amounts on the basis
9
that as a driver of one of the buses, he was getting a salary of
Rs.3,900/- per month. In the circumstances, making a reasonable
conjecture that somebody to be employed for the purpose of
managing the business of the three mini-buses, would certainly
demand a higher salary than a driver, we think it reasonable to
notionally fix the salary of such manager at Rs.10,000/- per month.
The said amount coupled with the salary of one driver, i.e.,
Rs.3,900/- would be the loss sustained by the family from the
income arising out of the asset. Computed on the basis of the said
figure and applying the same multiplier of 16 which was applied by
both the courts below, the amount of compensation payable to the
claimants would be:
13,900 x 12 x 16 = Rs.26,68,800/-
14.
The Judgment under Appeal shall stand modified accordingly
and remain unaltered in all other respects. Appeal stands disposed
of. | <para>
12.
In the circumstances, the Judgment under Appeal cannot be
sustained as the finding of the High Court that the claimants lost an
amount of Rs.16,000/- per month due to the death of Vijender
Singh is neither based on any evidence nor the logic adopted by the
High Court for arriving at such a conclusion is right. In the normal
course, the matter should have been remitted to the Tribunal for
further evidence for ascertaining of the basis upon which the
compensation is to be determined. But having regard to the fact
that the accident occurred a decade ago, we do not propose to
remit the matter for further evidence.
</para>
<para>
13.
The High Court opined that the deceased would have
contributed an amount of Rs.16,000/- per month to the
dependents, whereas the Tribunal opined that the deceased would
have contributed an amount of Rs.5,000/-. Both the Courts below
proceeded to arrive at the abovementioned amounts on the basis
9
that as a driver of one of the buses, he was getting a salary of
Rs.3,900/- per month. In the circumstances, making a reasonable
conjecture that somebody to be employed for the purpose of
managing the business of the three mini-buses, would certainly
demand a higher salary than a driver, we think it reasonable to
notionally fix the salary of such manager at Rs.10,000/- per month.
The said amount coupled with the salary of one driver, i.e.,
Rs.3,900/- would be the loss sustained by the family from the
income arising out of the asset. Computed on the basis of the said
figure and applying the same multiplier of 16 which was applied by
both the courts below, the amount of compensation payable to the
claimants would be:
13,900 x 12 x 16 = Rs.26,68,800/-
</para>
<para>
14.
The Judgment under Appeal shall stand modified accordingly
and remain unaltered in all other respects. Appeal stands disposed
of.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
1. Respondent was appointed as a Lower Division Clerk in the Public
Works Department on 25.9.1971. He was promoted as Upper Division
Clerk on 1.1.1979.
2. A departmental proceeding was initiated against him. He was placed
under suspension by an order dated 4.9.1982. In the said order of
suspension, it was clearly stipulated that subsistence allowance would be
paid to him in terms of Rule 53 of the Fundamental Rules. On or about
19.6.1982, he was transferred from Katni to Barhi. He did not join at Barhi
after the order of suspension was passed. It appears that a communication
was issued to him on 5.10.1983 asking him to collect the subsistence
allowance stating :
\023You are suspended by the Superintending
Engineer PWD (B&R) Jabalpur Circle, Jabalpur
vide order No.1164/E-11-19 of 74 dated 4.9.82 and
suspension order was sent to you, but you have
refused to take it.
(2) Charge sheet was issued by SEJC vide
No.2067/E-11-19 of 74 dated 16.10.82, and sent
through peon and 2 sub-Engineer of this Division,
but you have refused to take it.
(3) Executive Engineer, PWD (E/M) Dn.
Jabalpur Enquiry officer of your D.E. case have
served the notice for facing the DE and attending
their office, but you have refused to take it.
Please arrange to take the above letters from
their officer and produced to the undersigned, so
that further action, for sanction of suspension
allowance and other dues, can be taken by this
officer.
Please also explain for your not joining in
Barhi Sub Division with Head Quarters at Barhi
after suspension & why your absence from Barhi
should not be considered as willful absence from
Head quarters and action taken accordingly.\024 | <para>
1. Respondent was appointed as a Lower Division Clerk in the Public
Works Department on 25.9.1971. He was promoted as Upper Division
Clerk on 1.1.1979.
</para>
<para>
2. A departmental proceeding was initiated against him. He was placed
under suspension by an order dated 4.9.1982. In the said order of
suspension, it was clearly stipulated that subsistence allowance would be
paid to him in terms of Rule 53 of the Fundamental Rules. On or about
19.6.1982, he was transferred from Katni to Barhi. He did not join at Barhi
after the order of suspension was passed. It appears that a communication
was issued to him on 5.10.1983 asking him to collect the subsistence
allowance stating :
\023You are suspended by the Superintending
Engineer PWD (B&R) Jabalpur Circle, Jabalpur
vide order No.1164/E-11-19 of 74 dated 4.9.82 and
suspension order was sent to you, but you have
refused to take it.
(2) Charge sheet was issued by SEJC vide
No.2067/E-11-19 of 74 dated 16.10.82, and sent
through peon and 2 sub-Engineer of this Division,
but you have refused to take it.
(3) Executive Engineer, PWD (E/M) Dn.
Jabalpur Enquiry officer of your D.E. case have
served the notice for facing the DE and attending
their office, but you have refused to take it.
Please arrange to take the above letters from
their officer and produced to the undersigned, so
that further action, for sanction of suspension
allowance and other dues, can be taken by this
officer.
Please also explain for your not joining in
Barhi Sub Division with Head Quarters at Barhi
after suspension & why your absence from Barhi
should not be considered as willful absence from
Head quarters and action taken accordingly.\024
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
3. For a few days, namely, on 2.11.1983, 22.11.1983, 9.12.1983 and
20.1.1984, he took part in the departmental proceedings. On those days,
some witnesses on behalf of the department were examined and cross-
examined. But on 24.2.1984, he absented himself. A telegram was sent to
him asking him to submit his list of witnesses and defence on 12.3.1984. He
did not comply therewith. He also did not take part in the departmental
proceedings on 29.3.1984. Another chance was given to him to appear
before the enquiry officer on 19.4.1984 but even on the said date he was not
present. He although was present on 5.5.1984, but did not take part in the
hearing in the said proceeding stating that he had filed an appeal before this
Court.
We may place on record that neither any number has been put in the
said purported S.L.P. nor the same was registered, although according to the
respondent, who had appeared in person before us, the said SLP was still
pending.
4. On subsequent dates, he absented himself and, thus, did not take part
in the enquiry proceedings. Out of 18 dates fixed for hearing, the respondent
was present only on five days. In the aforementioned situation, an ex parte
departmental proceeding was held wherein he was found guilty of the
charges levelled against him. We may also place on record that he collected
his subsistence allowance for the period 4.9.1982 to 20.9.1982 in January
1985 and thereafter payment till September 1984 was made in February
1987. His services, however, were terminated by an order dated 28.5.1985.
The amount of subsistence allowance of the respondent was raised from
50% to 75% on 14.6.1985. | <para>
3. For a few days, namely, on 2.11.1983, 22.11.1983, 9.12.1983 and
20.1.1984, he took part in the departmental proceedings. On those days,
some witnesses on behalf of the department were examined and cross-
examined. But on 24.2.1984, he absented himself. A telegram was sent to
him asking him to submit his list of witnesses and defence on 12.3.1984. He
did not comply therewith. He also did not take part in the departmental
proceedings on 29.3.1984. Another chance was given to him to appear
before the enquiry officer on 19.4.1984 but even on the said date he was not
present. He although was present on 5.5.1984, but did not take part in the
hearing in the said proceeding stating that he had filed an appeal before this
Court.
We may place on record that neither any number has been put in the
said purported S.L.P. nor the same was registered, although according to the
respondent, who had appeared in person before us, the said SLP was still
pending.
</para>
<para>
4. On subsequent dates, he absented himself and, thus, did not take part
in the enquiry proceedings. Out of 18 dates fixed for hearing, the respondent
was present only on five days. In the aforementioned situation, an ex parte
departmental proceeding was held wherein he was found guilty of the
charges levelled against him. We may also place on record that he collected
his subsistence allowance for the period 4.9.1982 to 20.9.1982 in January
1985 and thereafter payment till September 1984 was made in February
1987. His services, however, were terminated by an order dated 28.5.1985.
The amount of subsistence allowance of the respondent was raised from
50% to 75% on 14.6.1985.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
5. He preferred an appeal thereagainst which was dismissed by the Chief
Engineer being the appellate authority on 15.11.1999.
6. An original application was filed by him before the State
Administrative Tribunal wherein, inter alia, a question in regard to non-
payment of subsistence allowance was raised. The Tribunal in its order
opined :
\023Therefore, the applicant himself is responsible for
delayed payment of the subsistence allowance, not
the respondents.\024 | <para>
5. He preferred an appeal thereagainst which was dismissed by the Chief
Engineer being the appellate authority on 15.11.1999.
</para>
<para>
6. An original application was filed by him before the State
Administrative Tribunal wherein, inter alia, a question in regard to non-
payment of subsistence allowance was raised. The Tribunal in its order
opined :
\023Therefore, the applicant himself is responsible for
delayed payment of the subsistence allowance, not
the respondents.\024
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
7. Other contentions raised by him before the Tribunal were also not
accepted. The Tribunal held that the conclusion of the enquiry officer being
based on evidence produced in the departmental enquiry, no case has been
made out for interference with the order of the Disciplinary Authority. The
original application was, therefore, dismissed.
8. On a writ petition preferred by the appellant thereagainst before the
High Court of judicature at Madhya Pradesh at Jabalpur which was marked
as Writ Petition No.1497 of 2002, a Division Bench of the High Court,
however, held that non-payment of subsistence allowance amounted to
violation of principles of natural justice, stating :
\023The Tribunal dismissed the application on the
ground that the Tribunal or Court are not the
appellate forum to review the punishment.
However, this fact cannot be marginalized and
blinked away because it goes to the root of the
matter and it has nexus with the principles of
natural justice, that unless and until subsistence
allowance is paid to the delinquent employee in
proper time, how he could take proper steps in
defending his case in the departmental enquiry. In
the present case, the period during which the
subsistence allowance was not paid was quite long
which is 4.9.1982 to 13.11.1984.
On the basis of the aforesaid premised reasons, we
set aside the order passed by the Tribunal as well
as the order terminating the services of the
petitioner passed by the authority. The petitioner
is hereby directed to be reinstated. However,
looking to the entire facts and surrounding
circumstances, we do not think it proper to award
any back wages.\024 | <para>
7. Other contentions raised by him before the Tribunal were also not
accepted. The Tribunal held that the conclusion of the enquiry officer being
based on evidence produced in the departmental enquiry, no case has been
made out for interference with the order of the Disciplinary Authority. The
original application was, therefore, dismissed.
8. On a writ petition preferred by the appellant thereagainst before the
High Court of judicature at Madhya Pradesh at Jabalpur which was marked
as Writ Petition No.1497 of 2002, a Division Bench of the High Court,
however, held that non-payment of subsistence allowance amounted to
violation of principles of natural justice, stating :
\023The Tribunal dismissed the application on the
ground that the Tribunal or Court are not the
appellate forum to review the punishment.
However, this fact cannot be marginalized and
blinked away because it goes to the root of the
matter and it has nexus with the principles of
natural justice, that unless and until subsistence
allowance is paid to the delinquent employee in
proper time, how he could take proper steps in
defending his case in the departmental enquiry. In
the present case, the period during which the
subsistence allowance was not paid was quite long
which is 4.9.1982 to 13.11.1984.
</para>
<para>
On the basis of the aforesaid premised reasons, we
set aside the order passed by the Tribunal as well
as the order terminating the services of the
petitioner passed by the authority. The petitioner
is hereby directed to be reinstated. However,
looking to the entire facts and surrounding
circumstances, we do not think it proper to award
any back wages.\024
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
9. Ms. Vibha Datta Makhija, learned counsel appearing on behalf of the
State, in support of this appeal would submit that the respondent having not
shown any prejudice in regard to non-payment of the subsistence allowance,
the High Court committed a serious error in passing the impugned judgment.
10. Respondent who appeared in person, on the other hand, contended
that non-payment of subsistence allowance violates the right to life of a
person as contained in Article 21 of the Constitution of India and in that
view of the matter, it was obligatory on the part of the appellant herein to
pay the said allowance.
11. Rule 53 of the Madhya Pradesh Fundamental Rules provides that
subsistence allowance should be paid to an employee who has been placed
under suspension. Payment of inadequate quantum of subsistence allowance
has been adversely commented by this Court [See <cite>O.P. Gupta v. Union of
India & Ors. [AIR 1987 SC 2257]</cite>. | <para>
9. Ms. Vibha Datta Makhija, learned counsel appearing on behalf of the
State, in support of this appeal would submit that the respondent having not
shown any prejudice in regard to non-payment of the subsistence allowance,
the High Court committed a serious error in passing the impugned judgment.
10. Respondent who appeared in person, on the other hand, contended
that non-payment of subsistence allowance violates the right to life of a
person as contained in Article 21 of the Constitution of India and in that
view of the matter, it was obligatory on the part of the appellant herein to
pay the said allowance.
</para>
<para>
11. Rule 53 of the Madhya Pradesh Fundamental Rules provides that
subsistence allowance should be paid to an employee who has been placed
under suspension. Payment of inadequate quantum of subsistence allowance
has been adversely commented by this Court [See <cite>O.P. Gupta v. Union of
India & Ors. [AIR 1987 SC 2257]</cite>.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
12. It is, thus, not in dispute that all facilities for receipt of payment of
subsistence allowance must be given to the delinquent officer.
13. An almost identical question in regard to payment of subsistence
allowance albeit in a different fact situation came up before this Court in
<cite>Jagdamba Prasad Shukla v. State of U.P. & Ors. [(2000) 7 SCC 90]</cite> wherein
it was opined :
\0236. It is evident from the record that the High
Court is not right in observing that the ground
sought to be urged was not taken in the claim
petition or in the writ petition. In fact, the High
Court in the latter part of the judgment observes
that :
\023for the first time, the petitioner has taken
the ground in this writ petition that he could
not attend the departmental proceedings due
to financial crunch as he was not paid his
subsistence allowance\024. | <para>
12. It is, thus, not in dispute that all facilities for receipt of payment of
subsistence allowance must be given to the delinquent officer.
</para>
<para>
13. An almost identical question in regard to payment of subsistence
allowance albeit in a different fact situation came up before this Court in
<cite>Jagdamba Prasad Shukla v. State of U.P. & Ors. [(2000) 7 SCC 90]</cite> wherein
it was opined :
\0236. It is evident from the record that the High
Court is not right in observing that the ground
sought to be urged was not taken in the claim
petition or in the writ petition. In fact, the High
Court in the latter part of the judgment observes
that :
\023for the first time, the petitioner has taken
the ground in this writ petition that he could
not attend the departmental proceedings due
to financial crunch as he was not paid his
subsistence allowance\024.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
A perusal of the record shows that the contention
urged before the High Court and again before us,
was also raised before the U.P. Public Service
Tribunal and even earlier before the authorities.
The U.P. Public Service Tribunal considered it and
on the facts of the case, the Tribunal held that :
\023Therefore, those rulings where person was
unable to attend the enquiry for non-
payment of subsistence allowance, resulting
in inquiry being vitiated will not be
applicable.\024
Apart from it, in reply dated 22-1-1979 sent to the
show-cause notice, the appellant specifically stated
that he has not been paid his pay and suspension
allowance which cannot be withheld and as such
how could he be expected to reach Gorakhpur or
elsewhere due to shortage of funds. He further
stated that :
\023the applicant has requested a number of
times for drawing his pay and suspension
allowance, but the same could not be drawn
and sent to the applicant which was a serious
handicap to appear anywhere even if he so
preferred during illness and even against the
recommendations of his medical attendant\024. | <para>
A perusal of the record shows that the contention
urged before the High Court and again before us,
was also raised before the U.P. Public Service
Tribunal and even earlier before the authorities.
The U.P. Public Service Tribunal considered it and
on the facts of the case, the Tribunal held that :
\023Therefore, those rulings where person was
unable to attend the enquiry for non-
payment of subsistence allowance, resulting
in inquiry being vitiated will not be
applicable.\024
</para>
<para>
Apart from it, in reply dated 22-1-1979 sent to the
show-cause notice, the appellant specifically stated
that he has not been paid his pay and suspension
allowance which cannot be withheld and as such
how could he be expected to reach Gorakhpur or
elsewhere due to shortage of funds. He further
stated that :
\023the applicant has requested a number of
times for drawing his pay and suspension
allowance, but the same could not be drawn
and sent to the applicant which was a serious
handicap to appear anywhere even if he so
preferred during illness and even against the
recommendations of his medical attendant\024.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
The request of the appellant for payment of
subsistence allowance is also contained in his letter
dated 31-3-1978 sent to the Superintendent of
Police, Railways, Gorakhpur Section, Gorakhpur.
The said letter also contains the address of the
appellant. The address of the appellant is in fact
contained on various communications sent by him
to the respondents. It is curious that the
respondents could serve all other communications
including the show-cause notice to the appellant
but insofar as the payment of subsistence
allowance is concerned, the plea taken is that the
appellant did not intimate his address and,
therefore, the amount could not be sent. Thus, it is
evident that despite repeated requests, the
subsistence allowance was not paid to the
appellant from the date of suspension till removal.
It is also evident that the appellant had expressed
difficulty in reaching the place of inquiry due to
shortage of funds.
8. The payment of subsistence allowance, in
accordance with the Rules, to an employee under
suspension is not a bounty. It is a right. An
employee is entitled to be paid the subsistence
allowance. No justifiable ground has been made
out for non-payment of the subsistence allowance
all through the period of suspension i.e. from
suspension till removal. One of the reasons for not
appearing in inquiry as intimated to the authorities
was the financial crunch on account of non-
payment of subsistence allowance and the other
was the illness of the appellant. The appellant in
reply to the show-cause notice stated that even if
he was to appear in an inquiry against medical
advice, he was unable to appear for want of funds
on account of non-payment of subsistence
allowance. It is a clear case of breach of principles
of natural justice on account of the denial of
reasonable opportunity to the appellant to defend
himself in the departmental enquiry. Thus, the
departmental enquiry and the consequent order of
removal from service are quashed.\024 | <para>
The request of the appellant for payment of
subsistence allowance is also contained in his letter
dated 31-3-1978 sent to the Superintendent of
Police, Railways, Gorakhpur Section, Gorakhpur.
The said letter also contains the address of the
appellant. The address of the appellant is in fact
contained on various communications sent by him
to the respondents. It is curious that the
respondents could serve all other communications
including the show-cause notice to the appellant
but insofar as the payment of subsistence
allowance is concerned, the plea taken is that the
appellant did not intimate his address and,
therefore, the amount could not be sent. Thus, it is
evident that despite repeated requests, the
subsistence allowance was not paid to the
appellant from the date of suspension till removal.
It is also evident that the appellant had expressed
difficulty in reaching the place of inquiry due to
shortage of funds.
</para>
<para>
8. The payment of subsistence allowance, in
accordance with the Rules, to an employee under
suspension is not a bounty. It is a right. An
employee is entitled to be paid the subsistence
allowance. No justifiable ground has been made
out for non-payment of the subsistence allowance
all through the period of suspension i.e. from
suspension till removal. One of the reasons for not
appearing in inquiry as intimated to the authorities
was the financial crunch on account of non-
payment of subsistence allowance and the other
was the illness of the appellant. The appellant in
reply to the show-cause notice stated that even if
he was to appear in an inquiry against medical
advice, he was unable to appear for want of funds
on account of non-payment of subsistence
allowance. It is a clear case of breach of principles
of natural justice on account of the denial of
reasonable opportunity to the appellant to defend
himself in the departmental enquiry. Thus, the
departmental enquiry and the consequent order of
removal from service are quashed.\024
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
14. We may, however, notice that in <cite>Indra Bhanu Gaur v. Committee,
Management of M.M. Degree College & Ors. [(2004) 1 SCC 281]</cite>, a Bench
of this Court opined that when an opportunity had been granted to the
delinquent officer to take the subsistence allowance, it must be shown that
because of non-payment thereof, he was not in a position to participate in the
proceedings or that any other prejudice in effectively defending the
proceedings was caused to him.
15. Yet again, in <cite>U.P. State Textile Corpn. Ltd. v. P.C. Chaturvedi,(2005)
8 SCC 211</cite>, it was held :
\023Rule 41 provides that the subsistence allowance is
payable only when the employee, if required,
presents himself every day at the place of work.
Obviously, for establishing that the employee had
presented himself at the place of work, the
authorities had clearly stipulated a condition that
the attendance register was to be signed. No
explanation was offered by Respondent 1
employee as to why he did not sign the register. It
cannot be lightly brushed aside as technical and/or
inconsequential. As admittedly, Respondent 1
employee had not signed the attendance register
even though specifically required in the order of
suspension, the High Court was not justified in
coming to a conclusion that the non-signing was
not consequential or a bona fide lapse. It is also to
be noted that at various points of time the
employer informed Respondent 1 employee about
the consequences of his not signing the attendance
register as stipulated in the order of suspension.\024 | <para>
14. We may, however, notice that in <cite>Indra Bhanu Gaur v. Committee,
Management of M.M. Degree College & Ors. [(2004) 1 SCC 281]</cite>, a Bench
of this Court opined that when an opportunity had been granted to the
delinquent officer to take the subsistence allowance, it must be shown that
because of non-payment thereof, he was not in a position to participate in the
proceedings or that any other prejudice in effectively defending the
proceedings was caused to him.
</para>
<para>
15. Yet again, in <cite>U.P. State Textile Corpn. Ltd. v. P.C. Chaturvedi,(2005)
8 SCC 211</cite>, it was held :
\023Rule 41 provides that the subsistence allowance is
payable only when the employee, if required,
presents himself every day at the place of work.
Obviously, for establishing that the employee had
presented himself at the place of work, the
authorities had clearly stipulated a condition that
the attendance register was to be signed. No
explanation was offered by Respondent 1
employee as to why he did not sign the register. It
cannot be lightly brushed aside as technical and/or
inconsequential. As admittedly, Respondent 1
employee had not signed the attendance register
even though specifically required in the order of
suspension, the High Court was not justified in
coming to a conclusion that the non-signing was
not consequential or a bona fide lapse. It is also to
be noted that at various points of time the
employer informed Respondent 1 employee about
the consequences of his not signing the attendance
register as stipulated in the order of suspension.\024
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
16. The High Court, in our opinion, committed a serious error in holding
that the question of prejudice is irrelevant in so far as it misread and
misinterpreted <cite>Jagdamba Prasad Shukla (supra)</cite>. No law in absolute terms in
this connection was laid down therein. The relief was granted to the
appellant having regard to the fact situation obtaining therein. It was found
as of fact that no subsistence allowance, had been given. It was not
established that communication in relation to subsistence allowance was, in
fact, served upon the appellant therein and despite repeated requests,
subsistence allowance was not paid. The fact that the Court therein opined
that no justifiable ground has been made for non-payment of the subsistence
allowance all through the period of suspension till removal, may, itself be a
ground for arriving at the conclusion that the delinquent officer was
suffering from financial crunch on account thereof as also his illness.
17. The High Court, therefore, in our opinion, was required to arrive at a
correct finding of fact so as to enable it to pose unto itself the right question
for arriving at a right decision. | <para>
16. The High Court, in our opinion, committed a serious error in holding
that the question of prejudice is irrelevant in so far as it misread and
misinterpreted <cite>Jagdamba Prasad Shukla (supra)</cite>. No law in absolute terms in
this connection was laid down therein. The relief was granted to the
appellant having regard to the fact situation obtaining therein. It was found
as of fact that no subsistence allowance, had been given. It was not
established that communication in relation to subsistence allowance was, in
fact, served upon the appellant therein and despite repeated requests,
subsistence allowance was not paid. The fact that the Court therein opined
that no justifiable ground has been made for non-payment of the subsistence
allowance all through the period of suspension till removal, may, itself be a
ground for arriving at the conclusion that the delinquent officer was
suffering from financial crunch on account thereof as also his illness.
</para>
<para>
17. The High Court, therefore, in our opinion, was required to arrive at a
correct finding of fact so as to enable it to pose unto itself the right question
for arriving at a right decision.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
18. Respondent, indisputably, has been found guilty of commission of
misconduct. He, however, rightly or wrongly carried an impression that the
writ petition filed by him before this Court presumably by sending a letter to
the Chief Justice has been entertained. But, evidently, neither no such letter
was received nor the same had been entertained by this Court.
A finding of fact has been arrived at by the Tribunal that the
respondent himself was to thank himself for non-receipt of subsistence
allowance. It was held that the appellant had taken all possible steps for
disbursement of subsistence allowance. | <para>
18. Respondent, indisputably, has been found guilty of commission of
misconduct. He, however, rightly or wrongly carried an impression that the
writ petition filed by him before this Court presumably by sending a letter to
the Chief Justice has been entertained. But, evidently, neither no such letter
was received nor the same had been entertained by this Court.
</para>
<para>
A finding of fact has been arrived at by the Tribunal that the
respondent himself was to thank himself for non-receipt of subsistence
allowance. It was held that the appellant had taken all possible steps for
disbursement of subsistence allowance.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
19. We, therefore, are of the opinion that in the peculiar facts and
circumstances of the case, interest of justice shall be subserved if the
impugned judgment is set aside and the matter is remitted to the High Court
for consideration thereof afresh. The High Court may look into the records
of the case so as to enable it to arrive at a decision whether non-payment of
subsistence allowance caused any prejudice to the respondent in the event it
intends to interfere with the finding of fact arrived at by the Tribunal that the
respondent himself was responsible therefor.
20. However, we direct that in the peculiar facts and circumstances of this
case, the State should pay a sum of Rs.50,000/- (Rupees fifty thousand only)
to the respondent by way of litigation costs. The State shall also place
before the High Court all relevant records. We would request the High
Court to consider the desirability of disposing of the matter expeditiously.
21. The appeal is allowed to the aforesaid extent and with the aforesaid
directions and observations. | <para>
19. We, therefore, are of the opinion that in the peculiar facts and
circumstances of the case, interest of justice shall be subserved if the
impugned judgment is set aside and the matter is remitted to the High Court
for consideration thereof afresh. The High Court may look into the records
of the case so as to enable it to arrive at a decision whether non-payment of
subsistence allowance caused any prejudice to the respondent in the event it
intends to interfere with the finding of fact arrived at by the Tribunal that the
respondent himself was responsible therefor.
</para>
<para>
20. However, we direct that in the peculiar facts and circumstances of this
case, the State should pay a sum of Rs.50,000/- (Rupees fifty thousand only)
to the respondent by way of litigation costs. The State shall also place
before the High Court all relevant records. We would request the High
Court to consider the desirability of disposing of the matter expeditiously.
21. The appeal is allowed to the aforesaid extent and with the aforesaid
directions and observations.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
2.
The appellants are before this Court, aggrieved
by the judgment of the Division Bench of the High
Court remitting an industrial dispute to the
Industrial Tribunal. There are two set of references
before the Industrial Tribunal. In Civil Appeal
No......... @ SLP(c) No.23494/2012, the reference is
as follows:-
1
“1. Whether the 22 contract labour as per
Annexure 'A' are performing permanent and
perennial nature of job in the establishment of
ONGC Ltd. Sibsagar and are entitled for regular
employment in ONGC if so, to what relief they are
entitled?
Whether the contract labour as per Annexure
2.
'B' are performing same or similar nature of work
as being performed by any of the regular employee
of ONGC Ltd. Sibsagar and are entitled for wages
and the benefits as is admissible to other
contract labour under Rule 25(2)(v)(a) of the
C.L. (RIA) cum Central Rules, 1971? If so, to
what relief they are entitled?”
In Civil Appeal No......... @ SLP(c)
3.
No.23495/2012, the reference reads as follows:-
“Whether the claim of ONGC Contractual Mazdoor
Sangha Lakwa regarding regularization of services
of their members (who are working as contractual
workers) in ONGC Ltd. at Lakwa is justified? If
so, to what relief, the workmen are entitled?” | <para>
2.
The appellants are before this Court, aggrieved
by the judgment of the Division Bench of the High
Court remitting an industrial dispute to the
Industrial Tribunal. There are two set of references
before the Industrial Tribunal. In Civil Appeal
No......... @ SLP(c) No.23494/2012, the reference is
as follows:-
1
“1. Whether the 22 contract labour as per
Annexure 'A' are performing permanent and
perennial nature of job in the establishment of
ONGC Ltd. Sibsagar and are entitled for regular
employment in ONGC if so, to what relief they are
entitled?
Whether the contract labour as per Annexure
2.
'B' are performing same or similar nature of work
as being performed by any of the regular employee
of ONGC Ltd. Sibsagar and are entitled for wages
and the benefits as is admissible to other
contract labour under Rule 25(2)(v)(a) of the
C.L. (RIA) cum Central Rules, 1971? If so, to
what relief they are entitled?”
</para>
<para>
In Civil Appeal No......... @ SLP(c)
3.
No.23495/2012, the reference reads as follows:-
“Whether the claim of ONGC Contractual Mazdoor
Sangha Lakwa regarding regularization of services
of their members (who are working as contractual
workers) in ONGC Ltd. at Lakwa is justified? If
so, to what relief, the workmen are entitled?”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
4.
The Industrial Tribunal passed an award directing
regularization of the workers. The same was upheld
by the learned Single Judge.
5.
However, the Division Bench took the view that
the matter needs a fresh look by the Industrial
Tribunal in the light of the decision in <cite>Steel
Authority of India Ltd. & Ors. v. National Union
Waterfront Workers & Ors., reported in (2001)</cite> 7
2
Aggrieved, the workmen represented by their
SCC 1. The Bench took the view that the Industrial
Tribunal needs to decide as to whether there was a
genuine contract.
6.
Associations are before this Court. | <para>
4.
The Industrial Tribunal passed an award directing
regularization of the workers. The same was upheld
by the learned Single Judge.
5.
However, the Division Bench took the view that
the matter needs a fresh look by the Industrial
Tribunal in the light of the decision in <cite>Steel
Authority of India Ltd. & Ors. v. National Union
Waterfront Workers & Ors., reported in (2001)</cite> 7
2
Aggrieved, the workmen represented by their
SCC 1. The Bench took the view that the Industrial
Tribunal needs to decide as to whether there was a
genuine contract.
</para>
<para>
6.
Associations are before this Court.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
7.
We have heard Mr. Pravir Choudhury, learned
counsel appearing for the appellant, Mr. J.P. Cama,
learned senior counsel appearing for the ONGC and Ms.
Kiran Suri, learned senior counsel appearing for the
Union of India, assisted by other counsel.
8.
On going through the award passed by the
Industrial Tribunal and detailed analysis made by the
learned Single Judge, we find that there is hardly
any scope for the Industrial Tribunal to adjudicate
on any further aspect. All relevant aspects have
been considered meticulously by the learned Single
Judge. Being a writ proceedings, the Division Bench
was called upon, in the intra court appeal, primarily
and mostly to consider the correctness or otherwise
of the view taken by the learned Single Judge.
Hence, in our view, the Division Bench needs to
consider the appeal(s) on merits by deciding on the
correctness of the judgment of the learned Single
Judge, instead of remitting the matter to the
Tribunal. | <para>
7.
We have heard Mr. Pravir Choudhury, learned
counsel appearing for the appellant, Mr. J.P. Cama,
learned senior counsel appearing for the ONGC and Ms.
Kiran Suri, learned senior counsel appearing for the
Union of India, assisted by other counsel.
</para>
<para>
8.
On going through the award passed by the
Industrial Tribunal and detailed analysis made by the
learned Single Judge, we find that there is hardly
any scope for the Industrial Tribunal to adjudicate
on any further aspect. All relevant aspects have
been considered meticulously by the learned Single
Judge. Being a writ proceedings, the Division Bench
was called upon, in the intra court appeal, primarily
and mostly to consider the correctness or otherwise
of the view taken by the learned Single Judge.
Hence, in our view, the Division Bench needs to
consider the appeal(s) on merits by deciding on the
correctness of the judgment of the learned Single
Judge, instead of remitting the matter to the
Tribunal.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
9.
In that view of the matter, we set aside the
impugned judgments of the Division Bench and remit
the matters to the High Court. We request the
Division Bench to dispose of the writ appeals on
merits expeditiously, preferably within six months
from today.
10. The appeals are, accordingly, disposed of.
3
11. Pending applications, if any, shall stand
disposed of.
12. There shall be no orders as to costs. | <para>
9.
In that view of the matter, we set aside the
impugned judgments of the Division Bench and remit
the matters to the High Court. We request the
Division Bench to dispose of the writ appeals on
merits expeditiously, preferably within six months
from today.
</para>
<para>
10. The appeals are, accordingly, disposed of.
3
11. Pending applications, if any, shall stand
disposed of.
12. There shall be no orders as to costs.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
1.
The petitioner, who is an Advocate practicing in this Court, has filed
the writ petition under Article 32 of the Constitution of India against various
officers of the Registry of this Court and the Union of India. Prayer has been
made to issue an appropriate Writ, Order or Direction in the nature of
Mandamus directing the respondents not to give preference to the cases filed
by influential lawyers/ petitioners, law firms, etc. Prayer has been made to
direct the respondents to give equal treatment to the cases filed by ordinary
lawyers/ petitioners and not to point out unnecessary defects, refund the
excess court fee and other charges, and not to tag the cases without order or
direction of the Court with other cases. A prayer has also been made to
direct the Secretary General of this Court to take action against the erring
officers for their involvement in the listing, clearing, and bench hunting.
2
2.
It is averred in the petition that equal treatment has not been given to
the ordinary lawyers/ litigants. They favour some law firms or Advocates for
reasons best known to them.
3.
The petitioner's first instance is that a Writ Petition (Civil) D. No.10951
of 2020 was filed by him on 16.4.2020. The Registry pointed out three
defects, i.e. (1) Court Fee of Rs.530 was not paid, (2) Documents to be placed
as per index, and (3) Details given in index were incomplete and annexures
were not filed, matter to be rechecked. The petitioner had clarified vide
email dated 18.4.2020 that he had paid the court fee of Rs.730/ and there
was no annexure with the petition. However, the petitioner was forced to pay
more court fees to get the matter listed. Despite the letter of urgency, the
Registry failed to register and list the writ petition. The petitioner requested
the Secretary, Supreme Court Bar Association, about not listing the writ
petition. On 27.4.2020, the writ petition was listed before the Court. | <para>
1.
The petitioner, who is an Advocate practicing in this Court, has filed
the writ petition under Article 32 of the Constitution of India against various
officers of the Registry of this Court and the Union of India. Prayer has been
made to issue an appropriate Writ, Order or Direction in the nature of
Mandamus directing the respondents not to give preference to the cases filed
by influential lawyers/ petitioners, law firms, etc. Prayer has been made to
direct the respondents to give equal treatment to the cases filed by ordinary
lawyers/ petitioners and not to point out unnecessary defects, refund the
excess court fee and other charges, and not to tag the cases without order or
direction of the Court with other cases. A prayer has also been made to
direct the Secretary General of this Court to take action against the erring
officers for their involvement in the listing, clearing, and bench hunting.
2
2.
It is averred in the petition that equal treatment has not been given to
the ordinary lawyers/ litigants. They favour some law firms or Advocates for
reasons best known to them.
</para>
<para>
3.
The petitioner's first instance is that a Writ Petition (Civil) D. No.10951
of 2020 was filed by him on 16.4.2020. The Registry pointed out three
defects, i.e. (1) Court Fee of Rs.530 was not paid, (2) Documents to be placed
as per index, and (3) Details given in index were incomplete and annexures
were not filed, matter to be rechecked. The petitioner had clarified vide
email dated 18.4.2020 that he had paid the court fee of Rs.730/ and there
was no annexure with the petition. However, the petitioner was forced to pay
more court fees to get the matter listed. Despite the letter of urgency, the
Registry failed to register and list the writ petition. The petitioner requested
the Secretary, Supreme Court Bar Association, about not listing the writ
petition. On 27.4.2020, the writ petition was listed before the Court.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
4.
The second instance given by the petitioner is that a Writ Petition
(Civil) D.No.11236 of 2020 was filed on 12.5.2020, which has not been listed
by the Registry till today. He was informed that there were no defects in the
writ petition, but a copy of the writ petition was missing. After that, no
update was given by the Registry.
5.
The third instance given is about Writ Petition (Civil) No.522 of 2020
(Diary No.11552 of 2020) filed by the petitioner on 20.05.2020. The Dealing
3
Assistant pointed out defects on 26.5.2020. The defects were pointed out by
the Dealing Assistant after six days of filing, though the application for
urgency was filed in the petition. The following note was made by the
Registry:
“MATTER NEEDS TO BE RECHECK AS WHOLE INDEX IS
BLANK, PETITION, AFFIDAVIT, VAKALATNAMA, MEMO OF
APPEARANCE AND APPLICATION ALL ARE UNSIGNED AND
DEFICIT COURT FEE ETC.”
The petitioner clarified that the signed documents were already
uploaded. The matter was urgent, and he had uploaded them again along
with signed documents on 26.5.2020. Again the defects were pointed out on
29.5.2020 by the Dealing Assistant to the following effect:
“APPLICATION IS NOT PROPER AS HEADING NOT TALLY
WITH INDEX AND BE SPECIFIC ABOUT THE SUBJECT AND
PRAYER OF APPLICATION.”
The petitioner cured the defects on 29.5.2020. After that, the Dealing
Assistant did not recheck the matter. On 2.6.2020, the petitioner made a
call and requested the Branch Officer concerned to direct the Dealing
Assistant to recheck the matter. On 2.6.2020, the matter was rechecked
and numbered as Diary No.11552 of 2020. The case was verified on
6.6.2020 and listed for 6.7.2020 (computergenerated) which would make
the case infructuous. The application for urgency was not considered. The
petitioner was informed that the case was likely to be listed on 6.7.2020. He
sent an email about the urgency. The Registry was not willing to list the
4
Diary No.11552 of 2020 despite the application for urgency. Hence, the writ
petition has been filed. | <para>
4.
The second instance given by the petitioner is that a Writ Petition
(Civil) D.No.11236 of 2020 was filed on 12.5.2020, which has not been listed
by the Registry till today. He was informed that there were no defects in the
writ petition, but a copy of the writ petition was missing. After that, no
update was given by the Registry.
</para>
<para>
5.
The third instance given is about Writ Petition (Civil) No.522 of 2020
(Diary No.11552 of 2020) filed by the petitioner on 20.05.2020. The Dealing
3
Assistant pointed out defects on 26.5.2020. The defects were pointed out by
the Dealing Assistant after six days of filing, though the application for
urgency was filed in the petition. The following note was made by the
Registry:
“MATTER NEEDS TO BE RECHECK AS WHOLE INDEX IS
BLANK, PETITION, AFFIDAVIT, VAKALATNAMA, MEMO OF
APPEARANCE AND APPLICATION ALL ARE UNSIGNED AND
DEFICIT COURT FEE ETC.”
The petitioner clarified that the signed documents were already
uploaded. The matter was urgent, and he had uploaded them again along
with signed documents on 26.5.2020. Again the defects were pointed out on
29.5.2020 by the Dealing Assistant to the following effect:
“APPLICATION IS NOT PROPER AS HEADING NOT TALLY
WITH INDEX AND BE SPECIFIC ABOUT THE SUBJECT AND
PRAYER OF APPLICATION.”
The petitioner cured the defects on 29.5.2020. After that, the Dealing
Assistant did not recheck the matter. On 2.6.2020, the petitioner made a
call and requested the Branch Officer concerned to direct the Dealing
Assistant to recheck the matter. On 2.6.2020, the matter was rechecked
and numbered as Diary No.11552 of 2020. The case was verified on
6.6.2020 and listed for 6.7.2020 (computergenerated) which would make
the case infructuous. The application for urgency was not considered. The
petitioner was informed that the case was likely to be listed on 6.7.2020. He
sent an email about the urgency. The Registry was not willing to list the
4
Diary No.11552 of 2020 despite the application for urgency. Hence, the writ
petition has been filed.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
6.
It is averred that on 23.4.2020, W.P. Diary No.11006 of 2020 titled as
<cite>Arnab Ranjan Goswami v. UOI</cite> was filed at 8.07 p.m. without annexure. The
Registry had chosen not to point out any defects, and a special
supplementary list was uploaded on the same day. The category was not
specified in the notification to be heard during a nationwide lockdown. No
procedure was followed by the Registry for urgent hearing during the
lockdown. The petitioner made a complaint to SecretaryGeneral against
illegal activities of the Registry but the same is without response.
7.
We have heard the petitioner. The present writ petition was initially
listed for 18.6.2020, however on 17.6.2020; a letter was circulated by the
petitioner that he was under the impression that Registry would call the
petitioner to interact with the Registrar in order to appear and argue in
person as per the procedure. Still, it was not intimated to the petitioner that
Registry exempted the petitioner, and there was no need to interact with the
Registrar. The petitioner was out of Delhi due to prearrangement and did
not carry a soft or hard copy of the writ petition to argue the matter. The
petitioner also prayed for time of six weeks to file annexure/ evidence, i.e.,
complaint/ reminder concerning detagging of Writ, delay in checking and
rechecking the matters, application, and reply under RTI regarding de
tagging, proof of excess court fee, etc. to prove his submissions before this
Court. The prayer to adjourn the case was declined, and the case was listed
5
for hearing on 19.6.2020. The petitioner was heard in person. He repeated
the facts about the discrimination being meted out by the Registry of not
listing the cases promptly. | <para>
6.
It is averred that on 23.4.2020, W.P. Diary No.11006 of 2020 titled as
<cite>Arnab Ranjan Goswami v. UOI</cite> was filed at 8.07 p.m. without annexure. The
Registry had chosen not to point out any defects, and a special
supplementary list was uploaded on the same day. The category was not
specified in the notification to be heard during a nationwide lockdown. No
procedure was followed by the Registry for urgent hearing during the
lockdown. The petitioner made a complaint to SecretaryGeneral against
illegal activities of the Registry but the same is without response.
</para>
<para>
7.
We have heard the petitioner. The present writ petition was initially
listed for 18.6.2020, however on 17.6.2020; a letter was circulated by the
petitioner that he was under the impression that Registry would call the
petitioner to interact with the Registrar in order to appear and argue in
person as per the procedure. Still, it was not intimated to the petitioner that
Registry exempted the petitioner, and there was no need to interact with the
Registrar. The petitioner was out of Delhi due to prearrangement and did
not carry a soft or hard copy of the writ petition to argue the matter. The
petitioner also prayed for time of six weeks to file annexure/ evidence, i.e.,
complaint/ reminder concerning detagging of Writ, delay in checking and
rechecking the matters, application, and reply under RTI regarding de
tagging, proof of excess court fee, etc. to prove his submissions before this
Court. The prayer to adjourn the case was declined, and the case was listed
5
for hearing on 19.6.2020. The petitioner was heard in person. He repeated
the facts about the discrimination being meted out by the Registry of not
listing the cases promptly.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
8.
We have also perused the files of the cases. Writ Petition (C) D.
No.10951 of 2020 was filed on 17.4.2020 during the nationwide lockdown,
under Article 32 of the Constitution of India with a prayer for the One Nation
One Ration Card Scheme. It was heard and decided on 27.4.2020. The
Union of India was directed to examine whether it was feasible for it to
implement the Scheme at this stage or not and take appropriate decision in
this regard, keeping in view the present circumstances. Accordingly, the
writ petition was disposed of.
9.
Although defects were noted, Writ Petition (C) Diary No.10951 of 2020
was listed, heard, and finally decided on 27.4.2020. It was filed on
17.4.2020. 18th and 19th April 2020 were the holidays. There were only five
working days, and during the nationwide lockdown, the court functioning
was minimal. The case was mentioned in the cause list on 26.4.2020 to be
listed on 27.4.2020. Thus, it could not be said that there was delay much
less inordinate one by the officials of the Registry in listing the matter
mentioned above. | <para>
8.
We have also perused the files of the cases. Writ Petition (C) D.
No.10951 of 2020 was filed on 17.4.2020 during the nationwide lockdown,
under Article 32 of the Constitution of India with a prayer for the One Nation
One Ration Card Scheme. It was heard and decided on 27.4.2020. The
Union of India was directed to examine whether it was feasible for it to
implement the Scheme at this stage or not and take appropriate decision in
this regard, keeping in view the present circumstances. Accordingly, the
writ petition was disposed of.
</para>
<para>
9.
Although defects were noted, Writ Petition (C) Diary No.10951 of 2020
was listed, heard, and finally decided on 27.4.2020. It was filed on
17.4.2020. 18th and 19th April 2020 were the holidays. There were only five
working days, and during the nationwide lockdown, the court functioning
was minimal. The case was mentioned in the cause list on 26.4.2020 to be
listed on 27.4.2020. Thus, it could not be said that there was delay much
less inordinate one by the officials of the Registry in listing the matter
mentioned above.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
10. Concerning the second instance, i.e., Diary No.11236 of 2020, which
was filed by petitioner on 9.5.2020, the Registry has noted several defects on
14.5.2020. The petition is still lying with defects.
6
11. Concerning the third instance i.e., Writ Petition No.522 of 2020 (D.
No.11552 of 2020), the same was filed on 20.5.2020. Again, a defective
petition and defects were pointed out by the Registry on 26.5.2020 that the
whole index was blank. Petition, Affidavit, Vakalatnama, Memo of
Appearance, and Application were all unsigned with a deficit court fee, etc.
The petitioner removed the defects. However, other defects were caused,
such as the application filed was not proper as heading did not tally with the
index, and specific subjects and prayers were not mentioned. The defects
were recured, and the petition was refiled on 3.6.2020. The matter was
processed and listed on 9.6.2020 and was heard and dismissed on
12.6.2020 as other matters on the similar issues were pending as such the
matter was not considered to be necessary. The petitioner has not disclosed
about listing of the case for 12.6.2020, and its decision and averred that the
computergenerated date was 6.7.2020. The Registry did not follow the
computergenerated date, and the case was listed for 12.6.2020 on which it
was dismissed. The petitioner himself was responsible for 1213 days of
delay in removing the defects. | <para>
10. Concerning the second instance, i.e., Diary No.11236 of 2020, which
was filed by petitioner on 9.5.2020, the Registry has noted several defects on
14.5.2020. The petition is still lying with defects.
6
</para>
<para>
11. Concerning the third instance i.e., Writ Petition No.522 of 2020 (D.
No.11552 of 2020), the same was filed on 20.5.2020. Again, a defective
petition and defects were pointed out by the Registry on 26.5.2020 that the
whole index was blank. Petition, Affidavit, Vakalatnama, Memo of
Appearance, and Application were all unsigned with a deficit court fee, etc.
The petitioner removed the defects. However, other defects were caused,
such as the application filed was not proper as heading did not tally with the
index, and specific subjects and prayers were not mentioned. The defects
were recured, and the petition was refiled on 3.6.2020. The matter was
processed and listed on 9.6.2020 and was heard and dismissed on
12.6.2020 as other matters on the similar issues were pending as such the
matter was not considered to be necessary. The petitioner has not disclosed
about listing of the case for 12.6.2020, and its decision and averred that the
computergenerated date was 6.7.2020. The Registry did not follow the
computergenerated date, and the case was listed for 12.6.2020 on which it
was dismissed. The petitioner himself was responsible for 1213 days of
delay in removing the defects.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
12. As to case of <cite>Arnab Goswami</cite>, it was listed urgently in view of order of
competent authority. It pertained to liberty and freedom of media.
13.
In the aforesaid circumstances, considering the ongoing pandemic
caused by COVID19, the Registry of this Court is working with less
strength, and because of the facts described above and circumstances, we
find that there was no justification for the petitioner to allege discrimination
7
visàvis to him and to favour any particular individual. The defects were
there in all the three cases filed by the petitioner. | <para>
12. As to case of <cite>Arnab Goswami</cite>, it was listed urgently in view of order of
competent authority. It pertained to liberty and freedom of media.
</para>
<para>
13.
In the aforesaid circumstances, considering the ongoing pandemic
caused by COVID19, the Registry of this Court is working with less
strength, and because of the facts described above and circumstances, we
find that there was no justification for the petitioner to allege discrimination
7
visàvis to him and to favour any particular individual. The defects were
there in all the three cases filed by the petitioner.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
14.
The petitioner has filed this writ application in a hurry. When it was
listed, he circulated a letter to the effect that, as per procedure, he expected
that he would be called for interaction by Registrar of this Court to find out
his fitness whether he could argue a case in person. The petitioner ought to
know that he is an Advocate of this Court and argues the matter in this
Court. As such, it was not necessary to summon him for adjudging his
capability as to whether he could argue the case. Be that as it may.
Circulating such a letter was not appropriate at his stance and why he
doubted his ability to argue. There was no justification to entertain this kind
of apprehension in mind. He ought to have been careful in circulating such
a letter seeking a wholly unjustified adjournment.
15.
In the letter circulated by him, it was further stated that he wanted to
collect the evidence and to file it, and for that purpose, he prayed for six
weeks’ time. The conduct indicates that the petitioner was careless and not
serious while he made the allegations. He filed writ application without due
inquiries, and without collecting the requisite material. Such conduct was
least expected of an officer of this Court. Petitioner ought to have been
careful before cast of unnecessary aspersions on the Registry and staff of
this Court. | <para>
14.
The petitioner has filed this writ application in a hurry. When it was
listed, he circulated a letter to the effect that, as per procedure, he expected
that he would be called for interaction by Registrar of this Court to find out
his fitness whether he could argue a case in person. The petitioner ought to
know that he is an Advocate of this Court and argues the matter in this
Court. As such, it was not necessary to summon him for adjudging his
capability as to whether he could argue the case. Be that as it may.
Circulating such a letter was not appropriate at his stance and why he
doubted his ability to argue. There was no justification to entertain this kind
of apprehension in mind. He ought to have been careful in circulating such
a letter seeking a wholly unjustified adjournment.
</para>
<para>
15.
In the letter circulated by him, it was further stated that he wanted to
collect the evidence and to file it, and for that purpose, he prayed for six
weeks’ time. The conduct indicates that the petitioner was careless and not
serious while he made the allegations. He filed writ application without due
inquiries, and without collecting the requisite material. Such conduct was
least expected of an officer of this Court. Petitioner ought to have been
careful before cast of unnecessary aspersions on the Registry and staff of
this Court.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
16.
The petition as filed could not be said to be maintainable. The
8
petitioner has impleaded the Secretary General, various Registrars, and
officers of the Registry, SCBA, and Union of India in his writ application. In
contrast, Writ is filed against this Court itself. He ought to have impleaded
the Supreme Court of India in the Writ application through Secretary
General. The omission indicates careless conduct on the part of the
petitioner. The petition was filed in undue haste.
17. We take judicial notice of the fact that a large number of petitions are
filed which are defective; still, the insistence is made to list them and
mention is made that they should be listed urgently. It happens in a large
number of matters, and unnecessary pressure is put upon the Assistants
dealing with the cases. We find due to mistakes/ carelessness when
petitions with defects are filed, it should not be expected that they should be
listed instantly. To err is human and there can be an error on the part of the
Dealing Assistants too. This is too much to expect perfection from them,
particularly when they are working to their maximum capacity even during
the pandemic. The cases are being listed. It could not be said that there
was an inordinate delay in listing the matters in view of the defects. The
Court functioned during the lockdown, the cases were scanned and listed by
the Registry. The staff of this Court is working despite danger to their life
and safety caused due to pandemic, and several of the Dealing Staff, as well
as Officers, have suffered due to Covid19. During such a hard time, it was
not expected of the petitioner who is an officer of this Court to file such a
petition to demoralize the Registry of this Court instead of recognizing the
9
task undertaken by them even during pandemic and lockdown period. | <para>
16.
The petition as filed could not be said to be maintainable. The
8
petitioner has impleaded the Secretary General, various Registrars, and
officers of the Registry, SCBA, and Union of India in his writ application. In
contrast, Writ is filed against this Court itself. He ought to have impleaded
the Supreme Court of India in the Writ application through Secretary
General. The omission indicates careless conduct on the part of the
petitioner. The petition was filed in undue haste.
</para>
<para>
17. We take judicial notice of the fact that a large number of petitions are
filed which are defective; still, the insistence is made to list them and
mention is made that they should be listed urgently. It happens in a large
number of matters, and unnecessary pressure is put upon the Assistants
dealing with the cases. We find due to mistakes/ carelessness when
petitions with defects are filed, it should not be expected that they should be
listed instantly. To err is human and there can be an error on the part of the
Dealing Assistants too. This is too much to expect perfection from them,
particularly when they are working to their maximum capacity even during
the pandemic. The cases are being listed. It could not be said that there
was an inordinate delay in listing the matters in view of the defects. The
Court functioned during the lockdown, the cases were scanned and listed by
the Registry. The staff of this Court is working despite danger to their life
and safety caused due to pandemic, and several of the Dealing Staff, as well
as Officers, have suffered due to Covid19. During such a hard time, it was
not expected of the petitioner who is an officer of this Court to file such a
petition to demoralize the Registry of this Court instead of recognizing the
9
task undertaken by them even during pandemic and lockdown period.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
18. We see, in general, it has become a widespread practice to blame the
Registry for no good reasons. To err is human, as many petitions are filed
with defects, and defects are not cured for years together. A large number of
such cases were listed in the recent past before the Court for removal of
defects which were pending for years. In such situation, when the pandemic
is going on, baseless and reckless allegations are made against the Registry
of this Court, which is part and parcel of the judicial system. We take
judicial notice of the fact that such evil is also spreading in the various High
Courts, and Registry is blamed unnecessarily for no good reasons. It is to be
remembered by worthy lawyers that they are the part of the judicial system;
they are officers of the Court and are a class apart in the society. Regarding
exemplary behavior from members of noble profession in <cite>R. Muthukrishnan
v. The Registrar General of the High Court of Judicature at Madras, Writ
Petition (C) No.612 of 2016</cite> the Court observed concerning the expectation
from gentlemen lawyers, thus:
“23.
The role of Lawyer is indispensable in the system of
delivery of justice. He is bound by the professional ethics and to
maintain the high standard. His duty is to the court to his own client,
to the opposite side, and to maintain the respect of opposite party
counsel also. What may be proper to others in the society, may be
improper for him to do as he belongs to a respected intellectual class
of the society and a member of the noble profession, the expectation
from him is higher. Advocates are treated with respect in society.
People repose immense faith in the judiciary and judicial system and
the first person who deals with them is a lawyer. Litigants repose faith
in a lawyer and share with them privileged information. They put
their signatures wherever asked by a Lawyer. An advocate is supposed
to protect their rights and to ensure that untainted justice delivered to
his cause.
10
24. The high values of the noble profession have to be protected by all
concerned at all costs and in all the circumstances cannot be forgotten
even by the youngsters in the fight of survival in formative years. The
nobility of legal profession requires an Advocate to remember that he
is not over attached to any case as Advocate does not win or lose a
case, real recipient of justice is behind the curtain, who is at the
receiving end. As a matter of fact, we do not give to a litigant anything
except recognizing his rights. A litigant has a right to be impartially
advised by a lawyer. Advocates are not supposed to be money
guzzlers or ambulance chasers. A Lawyer should not expect any
favour from the Judge and should not involve by any means in
influencing the fair decision-making process. It is his duty to master
the facts and the law and submit the same precisely in the Court, his
duty is not to waste the Courts' time. | <para>
18. We see, in general, it has become a widespread practice to blame the
Registry for no good reasons. To err is human, as many petitions are filed
with defects, and defects are not cured for years together. A large number of
such cases were listed in the recent past before the Court for removal of
defects which were pending for years. In such situation, when the pandemic
is going on, baseless and reckless allegations are made against the Registry
of this Court, which is part and parcel of the judicial system. We take
judicial notice of the fact that such evil is also spreading in the various High
Courts, and Registry is blamed unnecessarily for no good reasons. It is to be
remembered by worthy lawyers that they are the part of the judicial system;
they are officers of the Court and are a class apart in the society. Regarding
exemplary behavior from members of noble profession in <cite>R. Muthukrishnan
v. The Registrar General of the High Court of Judicature at Madras, Writ
Petition (C) No.612 of 2016</cite> the Court observed concerning the expectation
from gentlemen lawyers, thus:
“23.
The role of Lawyer is indispensable in the system of
delivery of justice. He is bound by the professional ethics and to
maintain the high standard. His duty is to the court to his own client,
to the opposite side, and to maintain the respect of opposite party
counsel also. What may be proper to others in the society, may be
improper for him to do as he belongs to a respected intellectual class
of the society and a member of the noble profession, the expectation
from him is higher. Advocates are treated with respect in society.
People repose immense faith in the judiciary and judicial system and
the first person who deals with them is a lawyer. Litigants repose faith
in a lawyer and share with them privileged information. They put
their signatures wherever asked by a Lawyer. An advocate is supposed
to protect their rights and to ensure that untainted justice delivered to
his cause.
10
</para>
<para>
24. The high values of the noble profession have to be protected by all
concerned at all costs and in all the circumstances cannot be forgotten
even by the youngsters in the fight of survival in formative years. The
nobility of legal profession requires an Advocate to remember that he
is not over attached to any case as Advocate does not win or lose a
case, real recipient of justice is behind the curtain, who is at the
receiving end. As a matter of fact, we do not give to a litigant anything
except recognizing his rights. A litigant has a right to be impartially
advised by a lawyer. Advocates are not supposed to be money
guzzlers or ambulance chasers. A Lawyer should not expect any
favour from the Judge and should not involve by any means in
influencing the fair decision-making process. It is his duty to master
the facts and the law and submit the same precisely in the Court, his
duty is not to waste the Courts' time.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
25. It is said by Alexander Cockburn that “the weapon of the advocate
is the sword of a soldier, not the dagger of the assassin”. It is the
ethical duty of lawyers not to expect any favour from a Judge. He
must rely on the precedents, read them carefully and avoid corruption
and collusion of any kind, not to make false pleadings and avoid
twisting of facts. In a profession, everything cannot be said to be fair
even in the struggle for survival.
The ethical standard is
uncompromisable. Honesty, dedication and hard work is the only
source towards perfection. An Advocate conduct is supposed to be
exemplary. In case an Advocate causes disrepute of the Judges or his
colleagues or involves himself in misconduct, that is the most sinister
and damaging act which can be done to the entire legal system. Such
a person is definitely deadwood and deserves to be chopped off.
x x x
40. The Bar Council has the power to discipline lawyers and maintain
nobility of profession and that power imposes great responsibility.
The Court has the power of contempt and that lethal power too
accompanies with greater responsibility. Contempt is a weapon like
Brahmasatra to be used sparingly to remain effective. At the same
time, a Judge has to guard the dignity of the Court and take action in
contempt and in case of necessity to impose appropriate exemplary
punishment too. A lawyer is supposed to be governed by professional
ethics, professional etiquette and professional ethos which are a
habitual mode of conduct. He has to perform himself with elegance,
dignity and decency. He has to bear himself at all times and observe
himself in a manner befitting as an officer of the Court. He is a
privileged member of the community and a gentleman. He has to
mainsail with honesty and sail with the oar of hard word, then his boat
is bound to reach to the bank. He has to be honest, courageous,
eloquent, industrious, witty and judgmental.
11 | <para>
25. It is said by Alexander Cockburn that “the weapon of the advocate
is the sword of a soldier, not the dagger of the assassin”. It is the
ethical duty of lawyers not to expect any favour from a Judge. He
must rely on the precedents, read them carefully and avoid corruption
and collusion of any kind, not to make false pleadings and avoid
twisting of facts. In a profession, everything cannot be said to be fair
even in the struggle for survival.
The ethical standard is
uncompromisable. Honesty, dedication and hard work is the only
source towards perfection. An Advocate conduct is supposed to be
exemplary. In case an Advocate causes disrepute of the Judges or his
colleagues or involves himself in misconduct, that is the most sinister
and damaging act which can be done to the entire legal system. Such
a person is definitely deadwood and deserves to be chopped off.
x x x
</para>
<para>
40. The Bar Council has the power to discipline lawyers and maintain
nobility of profession and that power imposes great responsibility.
The Court has the power of contempt and that lethal power too
accompanies with greater responsibility. Contempt is a weapon like
Brahmasatra to be used sparingly to remain effective. At the same
time, a Judge has to guard the dignity of the Court and take action in
contempt and in case of necessity to impose appropriate exemplary
punishment too. A lawyer is supposed to be governed by professional
ethics, professional etiquette and professional ethos which are a
habitual mode of conduct. He has to perform himself with elegance,
dignity and decency. He has to bear himself at all times and observe
himself in a manner befitting as an officer of the Court. He is a
privileged member of the community and a gentleman. He has to
mainsail with honesty and sail with the oar of hard word, then his boat
is bound to reach to the bank. He has to be honest, courageous,
eloquent, industrious, witty and judgmental.
11
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
76. Soul searching is absolutely necessary and the blame game and
maligning must stop forthwith. Confidence and reverence and positive
thinking is the only way. It is pious hope that the Bar Council would
improve upon the function of its disciplinary committees so as to
make the system more accountable, publish performance audit on the
disciplinary side of various bar councils. The same should be made
public. The Bar Council of India under its supervisory control can
implement good ideas as always done by it and would not lag behind
in cleaning process so badly required. It is to make the profession
more noble and it is absolutely necessary to remove the black sheeps
from the profession to preserve the rich ideals of Bar and on which it
struggled for the values of freedom. It is basically not for the Court to
control the Bar. It is the statutory duty of Bar to make it more noble
and also to protect the Judges and the legal system, not to destroy the
Bar itself by inaction and the system which is important pillar of
democracy.”
(emphasis supplied)
19.
In <cite>Kamini Jaiswal v. Union of India & Anr. (2018) 1 SCC 156</cite>, it was
observed:
“24.…… In Charan Lal Sahu v. Union of India1, this Court has
observed that in a petition filed under Article 32 in the form of PIL
attempt of mudslinging against the advocates, Supreme Court and also
against the other constitutional institutions indulged in by an advocate
in a careless manner, meaningless and as contradictory pleadings,
clumsy allegations, contempt was ordered to be drawn. The Registry
was directed not to entertain any PIL petition of the petitioner in
future.” | <para>
76. Soul searching is absolutely necessary and the blame game and
maligning must stop forthwith. Confidence and reverence and positive
thinking is the only way. It is pious hope that the Bar Council would
improve upon the function of its disciplinary committees so as to
make the system more accountable, publish performance audit on the
disciplinary side of various bar councils. The same should be made
public. The Bar Council of India under its supervisory control can
implement good ideas as always done by it and would not lag behind
in cleaning process so badly required. It is to make the profession
more noble and it is absolutely necessary to remove the black sheeps
from the profession to preserve the rich ideals of Bar and on which it
struggled for the values of freedom. It is basically not for the Court to
control the Bar. It is the statutory duty of Bar to make it more noble
and also to protect the Judges and the legal system, not to destroy the
Bar itself by inaction and the system which is important pillar of
democracy.”
(emphasis supplied)
</para>
<para>
19.
In <cite>Kamini Jaiswal v. Union of India & Anr. (2018) 1 SCC 156</cite>, it was
observed:
“24.…… In Charan Lal Sahu v. Union of India1, this Court has
observed that in a petition filed under Article 32 in the form of PIL
attempt of mudslinging against the advocates, Supreme Court and also
against the other constitutional institutions indulged in by an advocate
in a careless manner, meaningless and as contradictory pleadings,
clumsy allegations, contempt was ordered to be drawn. The Registry
was directed not to entertain any PIL petition of the petitioner in
future.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
25. <cite>In R.K. Anand v. Delhi High Court2</cite> this Court observed that there
could be ways in which conduct and action of malefactor was
professional misconduct. The purity of the court proceedings has to be
maintained. The Court does not only have the right but also an
obligation to protect itself and can bar the malefactor from appearing
before the Court for an appropriate period of time. There is a duty cast
upon an advocate to protect the dignity of this Court not to scandalize
the very institution as observed in the said decision.”
20. We expect members of the noble fraternity to respect themselves first.
They are an intellectual class of the society. What may be proper for others
may still be improper for them, the expectations from them is to be
1 (1988) 3 SCC 255
2 (2009) 8 SCC 106
12
exemplary to the entire society, then only the dignity of noble profession and
judicial system can be protected. The Registry is nothing but an arm of this
Court and an extension of its dignity. Bar is equally respected and
responsible part of the integral system, Registry is part and parcel of the
system, and the system has to work in tandem and mutual reverence. We
also expect from the Registry to work efficiently and effectively. At the same
time, it is expected of the lawyers also to remove the defects effectively and
not to unnecessarily cast aspersions on the system. | <para>
25. <cite>In R.K. Anand v. Delhi High Court2</cite> this Court observed that there
could be ways in which conduct and action of malefactor was
professional misconduct. The purity of the court proceedings has to be
maintained. The Court does not only have the right but also an
obligation to protect itself and can bar the malefactor from appearing
before the Court for an appropriate period of time. There is a duty cast
upon an advocate to protect the dignity of this Court not to scandalize
the very institution as observed in the said decision.”
</para>
<para>
20. We expect members of the noble fraternity to respect themselves first.
They are an intellectual class of the society. What may be proper for others
may still be improper for them, the expectations from them is to be
1 (1988) 3 SCC 255
2 (2009) 8 SCC 106
12
exemplary to the entire society, then only the dignity of noble profession and
judicial system can be protected. The Registry is nothing but an arm of this
Court and an extension of its dignity. Bar is equally respected and
responsible part of the integral system, Registry is part and parcel of the
system, and the system has to work in tandem and mutual reverence. We
also expect from the Registry to work efficiently and effectively. At the same
time, it is expected of the lawyers also to remove the defects effectively and
not to unnecessarily cast aspersions on the system.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
21.
Thus, we find no ground to entertain the petition. We expect the
petitioner to be more careful and live up to the dignity of the profession
which it enjoys.
22. We dismiss the petition and impose cost of Rs.100/ (Rupees One
Hundred only) on the petitioner as a token to remind his responsibility
towards noble profession and that he ought not to have preferred such a
petition. | <para>
21.
Thus, we find no ground to entertain the petition. We expect the
petitioner to be more careful and live up to the dignity of the profession
which it enjoys.
</para>
<para>
22. We dismiss the petition and impose cost of Rs.100/ (Rupees One
Hundred only) on the petitioner as a token to remind his responsibility
towards noble profession and that he ought not to have preferred such a
petition.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
The instant petition is directed against the order dated 23rd
July, 2020 passed by the first respondent relegating the
petitioner after serving as member of the Bihar Administrative
service for almost 15 years to Bihar Education Service without
affording an opportunity of hearing to him in alleged
compliance of the order of this Court stated 23rd October 2019
in Civil Appeal No. 3307 of 2015 left with no option with the
petitioner to approach this Court for redressal of his grievance.
1
2.
The brief facts of the case led to filing of this petition are
that Bihar Public Service Commission (hereinafter referred to
as the “Commission”) published an advertisement dated 29th
December, 2001 in various newspapers inviting applications
from eligible candidates for conducting the 45th Combined
Competitive Examination. The petitioner had participated in
the selection process and after being finally selected and as per
his placement in the order of merit, was appointed into Bihar
Administrative Service vide order dated 21st March, 2005 and
after successful period of probation, became a substantive
member of Bihar Administrative Service (BAS). | <para>
The instant petition is directed against the order dated 23rd
July, 2020 passed by the first respondent relegating the
petitioner after serving as member of the Bihar Administrative
service for almost 15 years to Bihar Education Service without
affording an opportunity of hearing to him in alleged
compliance of the order of this Court stated 23rd October 2019
in Civil Appeal No. 3307 of 2015 left with no option with the
petitioner to approach this Court for redressal of his grievance.
1
</para>
<para>
2.
The brief facts of the case led to filing of this petition are
that Bihar Public Service Commission (hereinafter referred to
as the “Commission”) published an advertisement dated 29th
December, 2001 in various newspapers inviting applications
from eligible candidates for conducting the 45th Combined
Competitive Examination. The petitioner had participated in
the selection process and after being finally selected and as per
his placement in the order of merit, was appointed into Bihar
Administrative Service vide order dated 21st March, 2005 and
after successful period of probation, became a substantive
member of Bihar Administrative Service (BAS).
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
3.
Shri Baldeo Choudhary (respondent no. 5) had also
participated along with the petitioner in the 45th Combined
Competitive Examination held by the Commission pursuant to
an advertisement dated 29th December 2001, could not
succeeded in fulfilling his wishes to become a member of Bihar
Administrative Service. He challenged his unsuitability held by
2
the Commission after almost four years of the process attain
finality by filing a writ petition before the High Court of Patna
in the year 2008 and finally succeeded in persuading the
learned Single Judge vide judgment dated 19th March, 2012 in
holding that an error has been committed by the Commission
in evaluation of his answer script of PaperII General Studies.
It may be noted that none of the selected candidates including
the present petitioner who on their selection, being appointed
and became member of Bihar Administrative Service, were
impleaded as a party to the writ petition.
4.
The order of the learned Single Judge dated 19th March,
2012 was the subject matter of challenge in Letters Patent
Appeal filed at the instance of the Commission which came to
be decided vide judgment dated 29th November 2012 wherein
the Division Bench of the High Court of Patna moulded the
relief granted by the learned Single Judge under its order dated
19th March, 2012. The relevant extract is reproduced
hereunder:
3
“We are alive that the writ petitioner has
approached the Court after a considerable delay i.e. by
the time the writ petition was filed, the result was
declared and all appointments were made. We are,
therefore, not inclined to grant relief to the writ petitioner
with retrospective effect.
In the event after declaring the result as directed
by the learned single judge, the writ petitioner, on
account of his placement in the select list becomes
entitled to appointment in a particular service: the writ
petitioner will be appointed as such: but the writ
petitioner will not be entitled to retrospective benefit. In
other words, the writ petitioner will take seniority and
other service benefits from the date of his appointment
and not from any earlier date.” | <para>
3.
Shri Baldeo Choudhary (respondent no. 5) had also
participated along with the petitioner in the 45th Combined
Competitive Examination held by the Commission pursuant to
an advertisement dated 29th December 2001, could not
succeeded in fulfilling his wishes to become a member of Bihar
Administrative Service. He challenged his unsuitability held by
2
the Commission after almost four years of the process attain
finality by filing a writ petition before the High Court of Patna
in the year 2008 and finally succeeded in persuading the
learned Single Judge vide judgment dated 19th March, 2012 in
holding that an error has been committed by the Commission
in evaluation of his answer script of PaperII General Studies.
It may be noted that none of the selected candidates including
the present petitioner who on their selection, being appointed
and became member of Bihar Administrative Service, were
impleaded as a party to the writ petition.
</para>
<para>
4.
The order of the learned Single Judge dated 19th March,
2012 was the subject matter of challenge in Letters Patent
Appeal filed at the instance of the Commission which came to
be decided vide judgment dated 29th November 2012 wherein
the Division Bench of the High Court of Patna moulded the
relief granted by the learned Single Judge under its order dated
19th March, 2012. The relevant extract is reproduced
hereunder:
3
“We are alive that the writ petitioner has
approached the Court after a considerable delay i.e. by
the time the writ petition was filed, the result was
declared and all appointments were made. We are,
therefore, not inclined to grant relief to the writ petitioner
with retrospective effect.
In the event after declaring the result as directed
by the learned single judge, the writ petitioner, on
account of his placement in the select list becomes
entitled to appointment in a particular service: the writ
petitioner will be appointed as such: but the writ
petitioner will not be entitled to retrospective benefit. In
other words, the writ petitioner will take seniority and
other service benefits from the date of his appointment
and not from any earlier date.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
5.
The order of the Division Bench became the subject
matter of challenge at the instance of the Commission before
this Court in Civil Appeal No. 3307 of 2015 and while
dismissing the appeal, this Court in its order dated 23rd
October, 2019 ruled out the apprehension exhibited by the
Commission and the extract of the order is reproduced
hereunder:
“It is brought to the notice of the Court by learned
counsel for the respondent that had the respondent been
selected in the examination in question, he would have
been ranked second. The same is, however, disputed by
learned counsel appearing for the Commission. Be that
as it may, it is brought to the notice of this Court that
the respondent is already working in the Sales Tax
Department of the State. Having regard to the totality of
facts and circumstances of the case, interest of justice
would be met in case the respondent is declared qualified
4
to be appointed from the date of the judgment of the
Division Bench, i.e. from 29th November, 2012. From
that day onwards, the respondent should be given
notional benefits of service such as continuity of service,
increments etc. Since the respondent is already in
service, he is not awarded any salary. Since, now he
stands qualified for appointment, the State shall
consider the respondent’s case for appointment on a
suitable place and pay him salary. The process shall be
completed within a period of three months from this day
and the salary will be paid from the date of his joining
the duty.”
The bare reading of the order passed by the Division Bench
which has been confirmed by this Court with a clarification
under its order dated 23rd October, 2019 remained restricted to
revise the placement of original writ petitioner (Baldeo
Choudhary) who was aggrieved of his own rights in reference to
the alleged error which had been committed in proper
evaluation of his answer script for his placement in the select
list published by the Commission pursuant to which the
appointments were made in reference to an advertisement
dated 29th December, 2001 and this Court taking note of the
apprehension which was intended by the Commission, made a
clarification that the appointment pursuant to a judgment of
the Division Bench of the High Court has to be offered to the
writ petitioner (Baldeo Choudhary) w.e.f. 29th November 2012
5
(i.e. date of Judgment of the Division Bench) with notional
benefits of service such as continuity of service, increment, etc.
as he was already in service, no salary for the interregnum
period be awarded to him.
6.
The Commission under the guise of the order of this
Court dated 23rd October, 2019 revised the recommendations of
45th Combined Competitive Examination held pursuant to an
advertisement dated 29th December, 2001 and forwarded it to
the Government of Bihar, Patna vide letter dated 4th May, 2020
while placing the original writ petitioner (Baldeo Choudhary) in
the revised recommendations at Sl. No. 2 and displacing the
petitioner relegating his placement from Bihar Administrative
Service to Bihar Education Service. In furtherance thereof, the
State Government vide its order dated 23rd July, 2020 relegated
the petitioner to Bihar Education Service on a justification
being tendered that action has been taken in compliance of the
order of this Court dated 23rd October, 2019 which is a subject
matter of challenge at the instance of the petitioner in the
instant proceedings.
6 | <para>
5.
The order of the Division Bench became the subject
matter of challenge at the instance of the Commission before
this Court in Civil Appeal No. 3307 of 2015 and while
dismissing the appeal, this Court in its order dated 23rd
October, 2019 ruled out the apprehension exhibited by the
Commission and the extract of the order is reproduced
hereunder:
“It is brought to the notice of the Court by learned
counsel for the respondent that had the respondent been
selected in the examination in question, he would have
been ranked second. The same is, however, disputed by
learned counsel appearing for the Commission. Be that
as it may, it is brought to the notice of this Court that
the respondent is already working in the Sales Tax
Department of the State. Having regard to the totality of
facts and circumstances of the case, interest of justice
would be met in case the respondent is declared qualified
4
to be appointed from the date of the judgment of the
Division Bench, i.e. from 29th November, 2012. From
that day onwards, the respondent should be given
notional benefits of service such as continuity of service,
increments etc. Since the respondent is already in
service, he is not awarded any salary. Since, now he
stands qualified for appointment, the State shall
consider the respondent’s case for appointment on a
suitable place and pay him salary. The process shall be
completed within a period of three months from this day
and the salary will be paid from the date of his joining
the duty.”
The bare reading of the order passed by the Division Bench
which has been confirmed by this Court with a clarification
under its order dated 23rd October, 2019 remained restricted to
revise the placement of original writ petitioner (Baldeo
Choudhary) who was aggrieved of his own rights in reference to
the alleged error which had been committed in proper
evaluation of his answer script for his placement in the select
list published by the Commission pursuant to which the
appointments were made in reference to an advertisement
dated 29th December, 2001 and this Court taking note of the
apprehension which was intended by the Commission, made a
clarification that the appointment pursuant to a judgment of
the Division Bench of the High Court has to be offered to the
writ petitioner (Baldeo Choudhary) w.e.f. 29th November 2012
5
(i.e. date of Judgment of the Division Bench) with notional
benefits of service such as continuity of service, increment, etc.
as he was already in service, no salary for the interregnum
period be awarded to him.
</para>
<para>
6.
The Commission under the guise of the order of this
Court dated 23rd October, 2019 revised the recommendations of
45th Combined Competitive Examination held pursuant to an
advertisement dated 29th December, 2001 and forwarded it to
the Government of Bihar, Patna vide letter dated 4th May, 2020
while placing the original writ petitioner (Baldeo Choudhary) in
the revised recommendations at Sl. No. 2 and displacing the
petitioner relegating his placement from Bihar Administrative
Service to Bihar Education Service. In furtherance thereof, the
State Government vide its order dated 23rd July, 2020 relegated
the petitioner to Bihar Education Service on a justification
being tendered that action has been taken in compliance of the
order of this Court dated 23rd October, 2019 which is a subject
matter of challenge at the instance of the petitioner in the
instant proceedings.
6
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
7.
Learned counsel for the petitioner submits that petitioner
has no demur regarding appointment of Baldeo Choudhary who
has finally succeeded in his own rights on dismissal of the appeal
preferred by the Commission before this Court in Civil Appeal
No.3307 of 2015 but he is aggrieved of relegating his cadre from
Bihar Administrative Service to Bihar Education Service after he
had rendered almost 15 years’ of service who was neither arrayed
as a party to the writ petition nor been heard at any stage, is in
violation of the principles of natural justice and in disregard of
the order of this Court dated 23rd October, 2019.
8.
Learned counsel further submits that this Court under its
order dated 23rd October, 2019 confined consideration for
appointment of Baldeo Choudhary in his own rights w.e.f. 29th
November, 2012 but the directions of this Court have been
completely misread by the authorities and the wholesome
revision of the merit list has been undertaken by the Commission
which was never intended by this Court in its order dated 23rd
7
October, 2019 disturbing the cadre allotment of the persons who
were selected on the recommendation made by the Commission
held pursuant to an advertisement dated 29th December, 2001
and rightly so, since none of them was arrayed as party to the
writ petition nor been heard and further submits that
overturning the select list after 15 years and passing of an order
dated 23rd July, 2020 having adverse civil consequences without
hearing the person is indeed in violation of principles of natural
Justice and such action of the respondents in the given facts and
circumstances at least qua the petitioner is not sustainable in
law. | <para>
7.
Learned counsel for the petitioner submits that petitioner
has no demur regarding appointment of Baldeo Choudhary who
has finally succeeded in his own rights on dismissal of the appeal
preferred by the Commission before this Court in Civil Appeal
No.3307 of 2015 but he is aggrieved of relegating his cadre from
Bihar Administrative Service to Bihar Education Service after he
had rendered almost 15 years’ of service who was neither arrayed
as a party to the writ petition nor been heard at any stage, is in
violation of the principles of natural justice and in disregard of
the order of this Court dated 23rd October, 2019.
</para>
<para>
8.
Learned counsel further submits that this Court under its
order dated 23rd October, 2019 confined consideration for
appointment of Baldeo Choudhary in his own rights w.e.f. 29th
November, 2012 but the directions of this Court have been
completely misread by the authorities and the wholesome
revision of the merit list has been undertaken by the Commission
which was never intended by this Court in its order dated 23rd
7
October, 2019 disturbing the cadre allotment of the persons who
were selected on the recommendation made by the Commission
held pursuant to an advertisement dated 29th December, 2001
and rightly so, since none of them was arrayed as party to the
writ petition nor been heard and further submits that
overturning the select list after 15 years and passing of an order
dated 23rd July, 2020 having adverse civil consequences without
hearing the person is indeed in violation of principles of natural
Justice and such action of the respondents in the given facts and
circumstances at least qua the petitioner is not sustainable in
law.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
9.
Per contra, learned counsel for the respondents, while
supporting the order impugned, submits that the commission
has no option but to revise the select list in compliance of the
order of this Court dated 23rd October, 2019 after placing Baldeo
Choudhary at his place in the order of merit and in consequence,
the petitioner being last in the open category in Bihar
Administrative Service,
rightly relegated
from Bihar
Administrative Service to Bihar Education Service vide order
8
dated 23rd July, 2020 and submits that their action being in
compliance of the order of this Court needs no interference.
10. We have heard the learned counsel for the parties and with
their assistance perused the material available on record. | <para>
9.
Per contra, learned counsel for the respondents, while
supporting the order impugned, submits that the commission
has no option but to revise the select list in compliance of the
order of this Court dated 23rd October, 2019 after placing Baldeo
Choudhary at his place in the order of merit and in consequence,
the petitioner being last in the open category in Bihar
Administrative Service,
rightly relegated
from Bihar
Administrative Service to Bihar Education Service vide order
8
dated 23rd July, 2020 and submits that their action being in
compliance of the order of this Court needs no interference.
</para>
<para>
10. We have heard the learned counsel for the parties and with
their assistance perused the material available on record.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
11. This Court was conscious of the fact that although the
Division Bench of the High Court in its judgment dated 29th
November, 2012 moulded the relief confined to the writ petitioner
Baldeo Choudhary as his case is sui generis, disturbing the select
list which was recommended by the Commission of the
candidates who had participated in the 45th Combined
Competitive Examination held pursuant to an advertisement
dated 29th December, 2001 after serving for almost 15 years in
their respective cadre assigned by the State Government will not
be in the interest of justice. But as the Commission had an
apprehension in implementing order of the Division Bench dated
29th November, 2012, this Court ruled out the apprehension and
9
made a further clarification under its order dated 23rd October,
2019.
12.
In the given circumstances, what was required for the
respondents was to place the writ petitioner (Baldeo Choudhary)
at the appropriate place in the select list which was
recommended by the Commission in reference to 45th Combined
Competitive Examination and to be considered for appointment
to a particular service to whom he was suitable as per his revised
placement in the select list with seniority and other notional
benefits of service including continuity of service, increment, etc.,
to which he was entitled for in compliance of the order of this
Court dated 23rd October, 2019. | <para>
11. This Court was conscious of the fact that although the
Division Bench of the High Court in its judgment dated 29th
November, 2012 moulded the relief confined to the writ petitioner
Baldeo Choudhary as his case is sui generis, disturbing the select
list which was recommended by the Commission of the
candidates who had participated in the 45th Combined
Competitive Examination held pursuant to an advertisement
dated 29th December, 2001 after serving for almost 15 years in
their respective cadre assigned by the State Government will not
be in the interest of justice. But as the Commission had an
apprehension in implementing order of the Division Bench dated
29th November, 2012, this Court ruled out the apprehension and
9
made a further clarification under its order dated 23rd October,
2019.
</para>
<para>
12.
In the given circumstances, what was required for the
respondents was to place the writ petitioner (Baldeo Choudhary)
at the appropriate place in the select list which was
recommended by the Commission in reference to 45th Combined
Competitive Examination and to be considered for appointment
to a particular service to whom he was suitable as per his revised
placement in the select list with seniority and other notional
benefits of service including continuity of service, increment, etc.,
to which he was entitled for in compliance of the order of this
Court dated 23rd October, 2019.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
13. We find justification in what being contended by learned
counsel for the petitioner to hold that relegating the petitioner to
Bihar Education Service after he had rendered 15 years of service
as member of the Bihar Administrative Service entail adverse civil
consequences and indeed the order impugned dated 23rd July,
10
2020 could not have been passed by the respondents without
affording him an opportunity of hearing and is in violation of the
principles of natural justice.
14. The defence which has been tendered by the respondents in
their counter affidavit that impugned action has been taken in
compliance of the order of this Court dated 23rd October, 2019
which in our view is completely misplaced and this Court under
its order dated 23rd October, 2019, left no manner of doubt in its
implementation and there was no justification left for the
Commission to hold an exercise and revise the select list of 45th
Combined Competitive Examination held pursuant to the
advertisement dated 29th December, 2001 and acted upon in
2005 after a lapse of 15 years at the same time the case of Baldeo
Choudhary being sui generis was to be considered for
appointment w.e.f. 29th November, 2012 in terms of the revised
recommendations made by the Commission qua him without
disturbing the cadre/seniority of the persons including the
petitioner in Bihar Administrative Service to which he was
otherwise entitled for in compliance of the order of this Court
11
dated 23rd October, 2019 assigning him seniority and the
consequential benefits etc. w.e.f. 29th November, 2012.
15. The respondents in our view, were not at all justified in
passing of the order impugned dated 23rd July, 2020 which was
neither observed by the Division Bench of the High Court nor
expressed by this Court in its order dated 23rd October, 2019
relegating the petitioner from Bihar Administrative Service to
Bihar Education Service after he had rendered 15 years’ of
substantive service in the cadre of Bihar Administrative Service.
16. Consequently, in our considered view, the writ petition
deserves to succeed and is accordingly allowed and the order
impugned dated 23rd July, 2020 qua the petitioner is hereby
quashed. No costs. | <para>
13. We find justification in what being contended by learned
counsel for the petitioner to hold that relegating the petitioner to
Bihar Education Service after he had rendered 15 years of service
as member of the Bihar Administrative Service entail adverse civil
consequences and indeed the order impugned dated 23rd July,
10
2020 could not have been passed by the respondents without
affording him an opportunity of hearing and is in violation of the
principles of natural justice.
</para>
<para>
14. The defence which has been tendered by the respondents in
their counter affidavit that impugned action has been taken in
compliance of the order of this Court dated 23rd October, 2019
which in our view is completely misplaced and this Court under
its order dated 23rd October, 2019, left no manner of doubt in its
implementation and there was no justification left for the
Commission to hold an exercise and revise the select list of 45th
Combined Competitive Examination held pursuant to the
advertisement dated 29th December, 2001 and acted upon in
2005 after a lapse of 15 years at the same time the case of Baldeo
Choudhary being sui generis was to be considered for
appointment w.e.f. 29th November, 2012 in terms of the revised
recommendations made by the Commission qua him without
disturbing the cadre/seniority of the persons including the
petitioner in Bihar Administrative Service to which he was
otherwise entitled for in compliance of the order of this Court
11
dated 23rd October, 2019 assigning him seniority and the
consequential benefits etc. w.e.f. 29th November, 2012.
15. The respondents in our view, were not at all justified in
passing of the order impugned dated 23rd July, 2020 which was
neither observed by the Division Bench of the High Court nor
expressed by this Court in its order dated 23rd October, 2019
relegating the petitioner from Bihar Administrative Service to
Bihar Education Service after he had rendered 15 years’ of
substantive service in the cadre of Bihar Administrative Service.
</para>
<para>
16. Consequently, in our considered view, the writ petition
deserves to succeed and is accordingly allowed and the order
impugned dated 23rd July, 2020 qua the petitioner is hereby
quashed. No costs.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
2. This appeal, by special leave, has been preferred against the
judgment and order dated 2.1.2007 of Gauhati High Court by which
the appeal preferred by the appellants was disposed of with the
modification that the sentence of five years R.I. and fine of Rs.7,000/-
imposed upon each of the appellants under Section 313 read with
Section 34 IPC by the learned Additional Sessions Judge, Kokrajhar,
was reduced to three years R.I. and fine of Rs.5,000/-.
3. The case of the prosecution, in brief, is that the appellant Hasi
Mohan Barman was having love affair with the first informant PW-1
Haleswari Barman, which subsequently developed into physical
relationship and as a result thereof PW-1 became pregnant. The
villagers put pressure upon Hasi Mohan Barman to marry PW-1
which he declined. He asked PW-1 to abort the child which she
refused to do. Thereafter, in the night of the incident Hasi Mohan
Barman took PW-1 Haleswari Barman to the pharmacy of co-accused
Abinash Biswas, who administered certain injection whereupon PW-1
became unconscious and the child was aborted. She was administered
Saline and the appellant Hasi Mohan Barman kept her at ’Pampghar’
for about nine days wherefrom she was taken to her parents house.
After few days PW-1 lodged an FIR against both the appellants. The
police, after investigation, submitted charge-sheet only against Hasi
Mohan Barman but subsequently co-accused Abinash Biswas was
also summoned under Section 319 Cr.P.C. to face the trial. | <para>
2. This appeal, by special leave, has been preferred against the
judgment and order dated 2.1.2007 of Gauhati High Court by which
the appeal preferred by the appellants was disposed of with the
modification that the sentence of five years R.I. and fine of Rs.7,000/-
imposed upon each of the appellants under Section 313 read with
Section 34 IPC by the learned Additional Sessions Judge, Kokrajhar,
was reduced to three years R.I. and fine of Rs.5,000/-.
</para>
<para>
3. The case of the prosecution, in brief, is that the appellant Hasi
Mohan Barman was having love affair with the first informant PW-1
Haleswari Barman, which subsequently developed into physical
relationship and as a result thereof PW-1 became pregnant. The
villagers put pressure upon Hasi Mohan Barman to marry PW-1
which he declined. He asked PW-1 to abort the child which she
refused to do. Thereafter, in the night of the incident Hasi Mohan
Barman took PW-1 Haleswari Barman to the pharmacy of co-accused
Abinash Biswas, who administered certain injection whereupon PW-1
became unconscious and the child was aborted. She was administered
Saline and the appellant Hasi Mohan Barman kept her at ’Pampghar’
for about nine days wherefrom she was taken to her parents house.
After few days PW-1 lodged an FIR against both the appellants. The
police, after investigation, submitted charge-sheet only against Hasi
Mohan Barman but subsequently co-accused Abinash Biswas was
also summoned under Section 319 Cr.P.C. to face the trial.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
4. In the trial PW-1 Haleswari Barman deposed that on the
promise that the appellant No. 1 will marry her they entered into
sexual relationship and as a result whereof she became pregnant.
Thereafter, the appellant No. 1 put pressure upon her to abort the child
but she did not agree. On the night of occurrence the appellant No. 1
along with his brother forcibly took her to the pharmacy of co-accused
Abinash Biswas and she was forcibly administered an injection due to
which she became unconscious. When she regained consciousness
she saw that saline was being administered to her. After some time on
the asking of appellant No. 1 co-accused Abinash Biswas
administered another injection due to which she became unconscious.
When she regained consciousness she found that she had lost her
pregnancy and then she was taken to the house of her parents.
5. PW-4 Dr. Dilip Bhowmik, an Ayurvedic Physician, has
deposed that the appellant Hasi Mohan Barman had brought PW-1 to
his clinic and on examination he had found that PW-1 was running
pregnancy of 4-5 months. As she had some problem he gave some
medicine to her. PW-3 Dr. Rezaul Karim examined PW-1 on
22.3.1995, i.e., more than one month after the abortion and found as
follows: -
"There was active slight bleeding as per vagina. For
confirmation D & E (Dilatation and Evacuation) done
and found placental parts inside the uterine cavity which
is a sign of incomplete abortion i.e. she was pregnant." | <para>
4. In the trial PW-1 Haleswari Barman deposed that on the
promise that the appellant No. 1 will marry her they entered into
sexual relationship and as a result whereof she became pregnant.
Thereafter, the appellant No. 1 put pressure upon her to abort the child
but she did not agree. On the night of occurrence the appellant No. 1
along with his brother forcibly took her to the pharmacy of co-accused
Abinash Biswas and she was forcibly administered an injection due to
which she became unconscious. When she regained consciousness
she saw that saline was being administered to her. After some time on
the asking of appellant No. 1 co-accused Abinash Biswas
administered another injection due to which she became unconscious.
When she regained consciousness she found that she had lost her
pregnancy and then she was taken to the house of her parents.
</para>
<para>
5. PW-4 Dr. Dilip Bhowmik, an Ayurvedic Physician, has
deposed that the appellant Hasi Mohan Barman had brought PW-1 to
his clinic and on examination he had found that PW-1 was running
pregnancy of 4-5 months. As she had some problem he gave some
medicine to her. PW-3 Dr. Rezaul Karim examined PW-1 on
22.3.1995, i.e., more than one month after the abortion and found as
follows: -
"There was active slight bleeding as per vagina. For
confirmation D & E (Dilatation and Evacuation) done
and found placental parts inside the uterine cavity which
is a sign of incomplete abortion i.e. she was pregnant."
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
6. The High Court, after a thorough examination of the evidence,
has recorded a finding that PW-1 was pregnant through the appellant
Hasi Mohan Barman who wanted PW-1 to abort the child. As PW-1
declined to do so, Hasi Mohan Barman with the help of Abinash
Biswas caused miscarriage of the pregnancy without the consent of
PW-1. The High Court accordingly held that it was established
beyond any shadow of doubt that both the appellants had committed
an offence under Section 313 IPC. The High Court thus maintained
the conviction but reduced the sentence from seven years R.I. and a
fine of Rs.7,000/- to three years R.I. and a fine of Rs.5,000/- of both
the appellants.
7. It appears that during the pendency of the case the complainant
Haleswari Barman married appellant No. 1 Hasi Mohan Barman and
both of them are living as husband and wife. She filed an affidavit
that she had entered into a compromise and wanted the criminal case
pending against her husband Hasi Mohan Barman and the appellant
No. 2 Abinash Biswas to be withdrawn as the entire matter had been
compromised and both PW-1 and the first appellant were living
peacefully as husband and wife. This Court passed an order directing
the learned Additional Sessions Judge to verify the correctness of the
affidavit given by PW-1 Haleswari Barman. The learned Additional
Sessions Judge has sent a report to this Court that PW-1 Haleswari
Barman had verified the affidavit given by her and had deposed about
the correctness of the same, namely, that she and Hasi Mohan Barman
were living peacefully as husband and wife. In view of this
development that PW-1 Haleswari Barman and appellant No. 1 Hasi
Mohan Barman have married and are peacefully and happily living as
husband and wife it has been submitted that the appeal deserves to be
allowed and the conviction of the appellants should be set aside. | <para>
6. The High Court, after a thorough examination of the evidence,
has recorded a finding that PW-1 was pregnant through the appellant
Hasi Mohan Barman who wanted PW-1 to abort the child. As PW-1
declined to do so, Hasi Mohan Barman with the help of Abinash
Biswas caused miscarriage of the pregnancy without the consent of
PW-1. The High Court accordingly held that it was established
beyond any shadow of doubt that both the appellants had committed
an offence under Section 313 IPC. The High Court thus maintained
the conviction but reduced the sentence from seven years R.I. and a
fine of Rs.7,000/- to three years R.I. and a fine of Rs.5,000/- of both
the appellants.
</para>
<para>
7. It appears that during the pendency of the case the complainant
Haleswari Barman married appellant No. 1 Hasi Mohan Barman and
both of them are living as husband and wife. She filed an affidavit
that she had entered into a compromise and wanted the criminal case
pending against her husband Hasi Mohan Barman and the appellant
No. 2 Abinash Biswas to be withdrawn as the entire matter had been
compromised and both PW-1 and the first appellant were living
peacefully as husband and wife. This Court passed an order directing
the learned Additional Sessions Judge to verify the correctness of the
affidavit given by PW-1 Haleswari Barman. The learned Additional
Sessions Judge has sent a report to this Court that PW-1 Haleswari
Barman had verified the affidavit given by her and had deposed about
the correctness of the same, namely, that she and Hasi Mohan Barman
were living peacefully as husband and wife. In view of this
development that PW-1 Haleswari Barman and appellant No. 1 Hasi
Mohan Barman have married and are peacefully and happily living as
husband and wife it has been submitted that the appeal deserves to be
allowed and the conviction of the appellants should be set aside.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
8. Section 320 of Code of Criminal Procedure says that the
offences punishable under the sections of the Indian Penal Code (45
of 1860) specified in the first two columns of the table next following
may be compounded by the persons mentioned in the third column of
that table. A perusal of Section 320 will show that the offence under
Section 313 IPC is not compoundable. Therefore, the consent given
by the wife PW-1 or the affidavit filed by her cannot be utilized for
the purpose of recording a finding of acquittal in favour of the accused
appellants.
9. There are some decisions of this Court wherein the factor of
compromise between the accused and the complainant (or injured or
person aggrieved) has been taken into consideration for reducing the
sentence. | <para>
8. Section 320 of Code of Criminal Procedure says that the
offences punishable under the sections of the Indian Penal Code (45
of 1860) specified in the first two columns of the table next following
may be compounded by the persons mentioned in the third column of
that table. A perusal of Section 320 will show that the offence under
Section 313 IPC is not compoundable. Therefore, the consent given
by the wife PW-1 or the affidavit filed by her cannot be utilized for
the purpose of recording a finding of acquittal in favour of the accused
appellants.
</para>
<para>
9. There are some decisions of this Court wherein the factor of
compromise between the accused and the complainant (or injured or
person aggrieved) has been taken into consideration for reducing the
sentence.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
10. The first decision on this point was rendered by this Court in
<cite>Ram Pujan and others vs. State of Uttar Pradesh (1973) 2 SCC 456</cite>,
wherein the trial court had convicted the accused under Section 326
IPC which is a non-compoundable offence and had sentenced the
accused to four years R.I. The High Court took into consideration the
compromise between the accused appellant and the injured and
reduced the sentence to two years R.I. This Court, after observing
that the fact of compromise can be taken into account in determining
the quantum of sentence, reduced the sentence to the period already
undergone which was little more than four months and further
imposed a fine of Rs.1500/- on each of the appellants. <cite>Surendra Nath
Mohanty and another vs. State of Orissa (1999) 5 SCC 238</cite> is a
decision of a Bench of three learned Judges. It was observed that in
view of the legislative mandate contained in Section 320 Cr.P.C. an
offence can be compounded only in accordance with the provisions of
the said section. The Court followed the view taken in the case of
<cite>Ram Pujan (supra)</cite> and having regard to the fact that the parties had
compromised and a period of ten years had elapsed from the date of
the incident reduced the sentence of five years R.I. imposed under
Sections 307 and 326 IPC to the period of sentence already undergone
which was three months and also imposed fine of Rs.5,000/-.
11. There are several other decisions of this Court wherein factor of
compromise has been taken into consideration and the sentence has
been reduced mostly to the period already undergone and they are
<cite>Bankat and another vs. State of Maharashtra (2005) 1 SCC 343</cite>,
<cite>Badrilal vs. State of M.P. (2005) 7 SCC 55</cite> and <cite>Jetha Ram and others
vs. State of Rajasthan (2006) 9 SCC 255</cite>.
12. Following the view taken in the above noted cases we are of the
opinion that the complainant and the principal accused having already
married it will be in the interest of justice if the sentence is reduced to
the period already undergone. The appeal is accordingly partly
allowed. The conviction of the appellants under Section 313 IPC is
maintained but the sentence is reduced to the period already
undergone which appears to be about ten months. The fine imposed
upon the appellants is also set aside. The appellants are on bail.
Their sureties and bail bonds are discharged. | <para>
10. The first decision on this point was rendered by this Court in
<cite>Ram Pujan and others vs. State of Uttar Pradesh (1973) 2 SCC 456</cite>,
wherein the trial court had convicted the accused under Section 326
IPC which is a non-compoundable offence and had sentenced the
accused to four years R.I. The High Court took into consideration the
compromise between the accused appellant and the injured and
reduced the sentence to two years R.I. This Court, after observing
that the fact of compromise can be taken into account in determining
the quantum of sentence, reduced the sentence to the period already
undergone which was little more than four months and further
imposed a fine of Rs.1500/- on each of the appellants. <cite>Surendra Nath
Mohanty and another vs. State of Orissa (1999) 5 SCC 238</cite> is a
decision of a Bench of three learned Judges. It was observed that in
view of the legislative mandate contained in Section 320 Cr.P.C. an
offence can be compounded only in accordance with the provisions of
the said section. The Court followed the view taken in the case of
<cite>Ram Pujan (supra)</cite> and having regard to the fact that the parties had
compromised and a period of ten years had elapsed from the date of
the incident reduced the sentence of five years R.I. imposed under
Sections 307 and 326 IPC to the period of sentence already undergone
which was three months and also imposed fine of Rs.5,000/-.
</para>
<para>
11. There are several other decisions of this Court wherein factor of
compromise has been taken into consideration and the sentence has
been reduced mostly to the period already undergone and they are
<cite>Bankat and another vs. State of Maharashtra (2005) 1 SCC 343</cite>,
<cite>Badrilal vs. State of M.P. (2005) 7 SCC 55</cite> and <cite>Jetha Ram and others
vs. State of Rajasthan (2006) 9 SCC 255</cite>.
</para>
<para>
12. Following the view taken in the above noted cases we are of the
opinion that the complainant and the principal accused having already
married it will be in the interest of justice if the sentence is reduced to
the period already undergone. The appeal is accordingly partly
allowed. The conviction of the appellants under Section 313 IPC is
maintained but the sentence is reduced to the period already
undergone which appears to be about ten months. The fine imposed
upon the appellants is also set aside. The appellants are on bail.
Their sureties and bail bonds are discharged.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
From the beginning of this year, 2020, the world
including our country is in the grip of a pandemic
known as Novel Coronavirus (COVID-19). On
31.12.2019, a cluster of cases of pneumonia of
unknown cause in the city of Wuhan, Hubei Province in
China was reported to the World Health Organisation
(WHO). This was subsequently identified as a new
virus in January, 2020 and over the following months,
the number of cases continued to rise but were not
2
contained to China and showed exponential growth
worldwide. Due to the global rise in cases, this was
declared a pandemic on 11.03.2020 by the WHO. The
number of affected persons is increasing worldwide.
Although, substantial population is also recovering
from it but India witnessed exponential growth in
number of cases in the last month.
2. The world is familiar with several kinds of
disasters from time immemorial. Every country has
faced one or other disaster in recent memory.
Disasters disturb lives, societies and livelihood
around the world. The impact of disaster is to
strike hard earned economy, development and material
gains. Many of the destructive hazards are natural
in origin and some man made also. The whole world
having faced adverse effect of different kinds of
disasters is now well aware of its ill effect and
steps internationally as well as nationally are being
taken for last several decades to combat different
3
kinds of disasters. U.N. General Assembly
recognizing the importance of reducing the impact of
natural disaster for all people including developing
countries designated 1990 as the international decade
of natural disaster reduction. The International
Strategy for Disaster Reduction (UNISDR) was
established following IDNDR of the 1990s. The UN/GA
convened the second World Conference on Disaster Risk
Reduction (DRR) in Kobe, Hyogo, Japan 2005, which
concluded the review of the Yokohama Strategy and its
Plan of Action and the adoption of the Hyogo
Framework for Action 2005–2015: Building the
Resilience of Nations and Communities to Disasters
(HFA) (UNISDR 2005) by 168 countries. The HFA
outlined five priorities for action:
“(1) Ensure that DRR is a national and a
local priority with a strong
institutional
for
implementation;
basis
(2) Identify, assess, and monitor disaster
risks and enhance early warning;
4
(3) Use knowledge, innovation, and
education to build a culture of safety
and resilience at all levels;
(4) Reduce the underlying risk factors;
(5) Strengthen disaster preparedness for
effective response at all levels.” | <para>
From the beginning of this year, 2020, the world
including our country is in the grip of a pandemic
known as Novel Coronavirus (COVID-19). On
31.12.2019, a cluster of cases of pneumonia of
unknown cause in the city of Wuhan, Hubei Province in
China was reported to the World Health Organisation
(WHO). This was subsequently identified as a new
virus in January, 2020 and over the following months,
the number of cases continued to rise but were not
2
contained to China and showed exponential growth
worldwide. Due to the global rise in cases, this was
declared a pandemic on 11.03.2020 by the WHO. The
number of affected persons is increasing worldwide.
Although, substantial population is also recovering
from it but India witnessed exponential growth in
number of cases in the last month.
</para>
<para>
2. The world is familiar with several kinds of
disasters from time immemorial. Every country has
faced one or other disaster in recent memory.
Disasters disturb lives, societies and livelihood
around the world. The impact of disaster is to
strike hard earned economy, development and material
gains. Many of the destructive hazards are natural
in origin and some man made also. The whole world
having faced adverse effect of different kinds of
disasters is now well aware of its ill effect and
steps internationally as well as nationally are being
taken for last several decades to combat different
3
kinds of disasters. U.N. General Assembly
recognizing the importance of reducing the impact of
natural disaster for all people including developing
countries designated 1990 as the international decade
of natural disaster reduction. The International
Strategy for Disaster Reduction (UNISDR) was
established following IDNDR of the 1990s. The UN/GA
convened the second World Conference on Disaster Risk
Reduction (DRR) in Kobe, Hyogo, Japan 2005, which
concluded the review of the Yokohama Strategy and its
Plan of Action and the adoption of the Hyogo
Framework for Action 2005–2015: Building the
Resilience of Nations and Communities to Disasters
(HFA) (UNISDR 2005) by 168 countries. The HFA
outlined five priorities for action:
“(1) Ensure that DRR is a national and a
local priority with a strong
institutional
for
implementation;
basis
(2) Identify, assess, and monitor disaster
risks and enhance early warning;
4
(3) Use knowledge, innovation, and
education to build a culture of safety
and resilience at all levels;
(4) Reduce the underlying risk factors;
(5) Strengthen disaster preparedness for
effective response at all levels.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
3. On 23.12.2005, both the Houses of Indian Parliament
passed a Disaster Management Bill. The Introduction
and the Statement of Objects and Reasons of the Bill
mentions: -
“INTRODUCTION
For prevention and mitigation effects
of disasters and for undertaking a
holistic, coordinated and prompt response
to any disaster situation it has been
decided by the Government to enact a law
on disaster management to provide for
requisite institutional mechanisms for
drawing up and monitoring the
implementation of the disaster management
plans, ensuring measures by various wings
of Government. To achieve this objective
the Disaster Management Bill was
introduced in the Parliament.
STATEMENT OF OBJECTS AND REASONS
The Government have decided to enact a
law on disaster management to provide for
requisite institutional mechanisms for
drawing up and monitoring the
5
implementation of the disaster management
plans, ensuring measures by various wings
of Government for prevention and
mitigating effects of disasters and for
undertaking a holistic, coordinated and
prompt response to any disaster
situation.”
4.
The Disaster Management Act, 2005 (hereinafter
referred to as “Act, 2005”) was enacted to provide
for the effective management of disasters and
matters connected therewith or incidental thereto.
The enactment of Disaster Management Act, 2005 was
to bring in place requisite institutional
mechanisms for drawing up and monitoring the
implementation of the Disaster Management Plans
and other measures by various wings of the
Government for preventing and mitigating effects
of disasters. We shall notice the relevant
provisions of the Act a little later. | <para>
3. On 23.12.2005, both the Houses of Indian Parliament
passed a Disaster Management Bill. The Introduction
and the Statement of Objects and Reasons of the Bill
mentions: -
“INTRODUCTION
For prevention and mitigation effects
of disasters and for undertaking a
holistic, coordinated and prompt response
to any disaster situation it has been
decided by the Government to enact a law
on disaster management to provide for
requisite institutional mechanisms for
drawing up and monitoring the
implementation of the disaster management
plans, ensuring measures by various wings
of Government. To achieve this objective
the Disaster Management Bill was
introduced in the Parliament.
STATEMENT OF OBJECTS AND REASONS
The Government have decided to enact a
law on disaster management to provide for
requisite institutional mechanisms for
drawing up and monitoring the
5
implementation of the disaster management
plans, ensuring measures by various wings
of Government for prevention and
mitigating effects of disasters and for
undertaking a holistic, coordinated and
prompt response to any disaster
situation.”
</para>
<para>
4.
The Disaster Management Act, 2005 (hereinafter
referred to as “Act, 2005”) was enacted to provide
for the effective management of disasters and
matters connected therewith or incidental thereto.
The enactment of Disaster Management Act, 2005 was
to bring in place requisite institutional
mechanisms for drawing up and monitoring the
implementation of the Disaster Management Plans
and other measures by various wings of the
Government for preventing and mitigating effects
of disasters. We shall notice the relevant
provisions of the Act a little later.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
5. In accord with Disaster Management Act, 2005, Union
Cabinet approved a “National Policy on Disaster
Management, 2009”. Paragraph 1.1.1, 1.2.1 and 1.3.1
of the policy reads as under: -
6
“1.1.1 Disasters disrupt progress and
destroy the hard-earned fruits of
painstaking developmental efforts, often
pushing nations, in quest for progress,
back by several decades. Thus, efficient
management of disasters, rather than mere
response to their occurrence, has in
recent times, received increased attention
both within India and abroad. This is as
much a result of the recognition of the
increasing frequency and intensity of
disasters, as it is an acknowledgement
that good governance in a caring and
civilised society, needs to deal
effectively with the devastating impact of
disasters.
1.2.1 India is vulnerable, in varying
degrees, to a large number of natural as
well as man-made disasters. 58.6 per cent
of the landmass is prone to earthquakes of
moderate to very high intensity; over 40
million hectares (12 per cent of land) is
prone to floods and river erosion; of the
7,516 km long coastline, close to 5,700 km
is prone to cyclones and tsunamis; 68 per
cent of the cultivable area is vulnerable
to drought and hilly areas are at risk
from landslides and avalanches.
Vulnerability to disasters/emergencies of
Chemical, Biological, Radiological and
Nuclear (CBRN) origin also exists.
Heightened vulnerabilities to disaster
risks can be related to expanding
population,
and
industrialisation, development within
urbanisation
high-risk zones, environmental degradation
and climate change (Maps 1–4).
7
1.3.1 On 23 December 2005, the Government
of India (GoI) took a defining step by
enacting the Disaster Management Act,
2005, (hereinafter referred to as the Act)
which envisaged the creation of the
National Disaster Management Authority
(NDMA), headed by the Prime Minister,
State Disaster Management Authorities
(SDMAs) headed by the Chief Ministers, and
District Disaster Management Authorities
(DDMAs) headed by the District Collector
or District Magistrate or Deputy
Commissioner as the case may be, to
spearhead and adopt a holistic and
integrated approach to DM. There will be a
paradigm shift, from the erstwhile relief-
centric response to a proactive
prevention, mitigation and preparedness-
driven
conserving
developmental gains and to minimise loss
of life, livelihood and property.”
approach
for
The policy noticed institutional framework under
the Act, dealt with financial arrangement, disaster
prevention, mitigation and preparedness.
6. Third U.N. World Conference on Disaster Risk
Reduction was held in March, 2015 at Sendai, Japan.
One of the declarations made in the conference was: -
8
“We, the Heads of State and Government,
ministers and delegates participating in
the Third United Nations World Conference
on Disaster Risk Reduction, have gathered
from 14 to 18 March 2015 in Sendai City of
Miyagi Prefecture in Japan, which has
demonstrated a vibrant recovery from the
Great East Japan Earthquake in March 2011.
Recognizing the increasing impact of
disasters and their complexity in many
parts of the world, we declare our
determination to enhance our efforts to
strengthen disaster risk reduction to
reduce disaster losses of lives and assets
from
worldwide.”
disasters | <para>
5. In accord with Disaster Management Act, 2005, Union
Cabinet approved a “National Policy on Disaster
Management, 2009”. Paragraph 1.1.1, 1.2.1 and 1.3.1
of the policy reads as under: -
6
“1.1.1 Disasters disrupt progress and
destroy the hard-earned fruits of
painstaking developmental efforts, often
pushing nations, in quest for progress,
back by several decades. Thus, efficient
management of disasters, rather than mere
response to their occurrence, has in
recent times, received increased attention
both within India and abroad. This is as
much a result of the recognition of the
increasing frequency and intensity of
disasters, as it is an acknowledgement
that good governance in a caring and
civilised society, needs to deal
effectively with the devastating impact of
disasters.
1.2.1 India is vulnerable, in varying
degrees, to a large number of natural as
well as man-made disasters. 58.6 per cent
of the landmass is prone to earthquakes of
moderate to very high intensity; over 40
million hectares (12 per cent of land) is
prone to floods and river erosion; of the
7,516 km long coastline, close to 5,700 km
is prone to cyclones and tsunamis; 68 per
cent of the cultivable area is vulnerable
to drought and hilly areas are at risk
from landslides and avalanches.
Vulnerability to disasters/emergencies of
Chemical, Biological, Radiological and
Nuclear (CBRN) origin also exists.
Heightened vulnerabilities to disaster
risks can be related to expanding
population,
and
industrialisation, development within
urbanisation
high-risk zones, environmental degradation
and climate change (Maps 1–4).
7
1.3.1 On 23 December 2005, the Government
of India (GoI) took a defining step by
enacting the Disaster Management Act,
2005, (hereinafter referred to as the Act)
which envisaged the creation of the
National Disaster Management Authority
(NDMA), headed by the Prime Minister,
State Disaster Management Authorities
(SDMAs) headed by the Chief Ministers, and
District Disaster Management Authorities
(DDMAs) headed by the District Collector
or District Magistrate or Deputy
Commissioner as the case may be, to
spearhead and adopt a holistic and
integrated approach to DM. There will be a
paradigm shift, from the erstwhile relief-
centric response to a proactive
prevention, mitigation and preparedness-
driven
conserving
developmental gains and to minimise loss
of life, livelihood and property.”
approach
for
The policy noticed institutional framework under
the Act, dealt with financial arrangement, disaster
prevention, mitigation and preparedness.
</para>
<para>
6. Third U.N. World Conference on Disaster Risk
Reduction was held in March, 2015 at Sendai, Japan.
One of the declarations made in the conference was: -
8
“We, the Heads of State and Government,
ministers and delegates participating in
the Third United Nations World Conference
on Disaster Risk Reduction, have gathered
from 14 to 18 March 2015 in Sendai City of
Miyagi Prefecture in Japan, which has
demonstrated a vibrant recovery from the
Great East Japan Earthquake in March 2011.
Recognizing the increasing impact of
disasters and their complexity in many
parts of the world, we declare our
determination to enhance our efforts to
strengthen disaster risk reduction to
reduce disaster losses of lives and assets
from
worldwide.”
disasters
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
7. The Sendai declaration dealing with priorities for
action emphasized following in paragraph 33(a):-
”33(a) To prepare or review and
periodically update disaster
preparedness and contingency
policies, plans and programmes with
the involvement of the relevant
institutions, considering climate
change scenarios and their impact
on disaster risk, and facilitating,
as appropriate, the participation
of all sectors and relevant
stakeholders;”
8. Although Section 11 of Act, 2005 contemplated
preparation of a National Plan, however, the National
Plan was not prepared till the year 2016 as was
9
noticed by this Court in a judgment of this Court in
<cite>Swaraj Abhiyan Vs. Union of India & Ors., (2016) 7
SCC 498</cite>. In the year 2016, National Disaster
Management Plan was prepared as required by Section
11 of the Act, 2005. The
preparation of the
National Plan under Section 11 was noticed by this
Court in <cite>Gaurav Kumar Bansal Vs. Union of India and
Ors., (2017) 6 SCC 730</cite>. In the same judgment, this
Court noticed that State Plan under Section 23 of the
Act (except by two States) and District Plan have
also been prepared. The preparation of National
Plan, State Plan and District Plan were noticed in
paragraphs 7, 11 and 12 of the above judgment, which
are to the following effect:-
“7. It was further pointed out that a
National Plan has been approved and placed
on the website of the NDMA in terms of
Section 11 of the Act and the guidelines
for minimum standards of relief Under
Section 12 of the Act have also been
placed on the website of the NDMA.
11. As far as the preparation of the State
Plan Under Section 23 of the Act is
concerned, we have been informed by the
learned Counsel for NDMA that all States
10
except Andhra Pradesh and Telangana have
prepared a State Disaster Management Plan
which is very much in place.
12. As far as the districts are concerned,
it is stated that the District Disaster
Management Authority has been constituted
in every district Under Section 25 of the
Act and out of 684 districts in the
country, a District Disaster Management
Plan is in place in 615 districts while it
is under process in the remaining
districts.” | <para>
7. The Sendai declaration dealing with priorities for
action emphasized following in paragraph 33(a):-
”33(a) To prepare or review and
periodically update disaster
preparedness and contingency
policies, plans and programmes with
the involvement of the relevant
institutions, considering climate
change scenarios and their impact
on disaster risk, and facilitating,
as appropriate, the participation
of all sectors and relevant
stakeholders;”
</para>
<para>
8. Although Section 11 of Act, 2005 contemplated
preparation of a National Plan, however, the National
Plan was not prepared till the year 2016 as was
9
noticed by this Court in a judgment of this Court in
<cite>Swaraj Abhiyan Vs. Union of India & Ors., (2016) 7
SCC 498</cite>. In the year 2016, National Disaster
Management Plan was prepared as required by Section
11 of the Act, 2005. The
preparation of the
National Plan under Section 11 was noticed by this
Court in <cite>Gaurav Kumar Bansal Vs. Union of India and
Ors., (2017) 6 SCC 730</cite>. In the same judgment, this
Court noticed that State Plan under Section 23 of the
Act (except by two States) and District Plan have
also been prepared. The preparation of National
Plan, State Plan and District Plan were noticed in
paragraphs 7, 11 and 12 of the above judgment, which
are to the following effect:-
“7. It was further pointed out that a
National Plan has been approved and placed
on the website of the NDMA in terms of
Section 11 of the Act and the guidelines
for minimum standards of relief Under
Section 12 of the Act have also been
placed on the website of the NDMA.
11. As far as the preparation of the State
Plan Under Section 23 of the Act is
concerned, we have been informed by the
learned Counsel for NDMA that all States
10
except Andhra Pradesh and Telangana have
prepared a State Disaster Management Plan
which is very much in place.
12. As far as the districts are concerned,
it is stated that the District Disaster
Management Authority has been constituted
in every district Under Section 25 of the
Act and out of 684 districts in the
country, a District Disaster Management
Plan is in place in 615 districts while it
is under process in the remaining
districts.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
9.
The revision of the existing National Disaster
Management Plan, 2016 began in April, 2017 and
completed in November, 2019. The National Disaster
Management Plan approved by National Disaster
Management Authority was notified in November, 2019.
10.
This writ petition filed as a public interest
litigation has been filed in the wake of Covid-19
pandemic, seeking direction to the Union of India to
prepare, notify and implement a National Plan under
Section 11 read with Section 10 of the Act, 2005 to
deal with current pandemic (Covid-19) and to lay down
11
minimum standards of relief under Section 12 of the
Act, 2005 to be provided to persons affected with
COVID-19. Petitioners have also sought for
directions to utilize National Disaster Response Fund
(NDRF) for the purposes of providing assistance in
the fight against COVID-19 and all the
contributions/grants from individuals/institutions be
credited in NDRF and not to PM CARES Fund and all
funds collected in PM CARES Fund till date should be
directed to be transferred to NDRF. It is useful to
note the specific prayers (a) to (c) made in the writ
petition: -
“a. Issue a writ, order or direction to
the Union of India to prepare, notify
and implement a National Plan under
Section 11 read with Section 10 of the
Disaster Management Act, 2005 to deal
with the ongoing COVID-19 pandemic;
b.
Issue a writ, order or direction to
the Union of India to lay down minimum
standards of relief, under Section 12
of the Disaster Management Act, 2005,
to be provided to persons affected by
the COVID-19 virus, as well as by the
resultant national lockdown;
12
c.
Issue a writ, order or direction to
the Union of India to utilize NDRF for
the purpose of providing assistance in
the fight against GOVID-19 pandemic in
compliance with Section 46 of the DM
Act, all the contributions/grants from
individuals and institutions shall be
credited to the NDRF in terms of
Section 46(1)(b) rather than to PM
CARES Fund and all the fund collected
in the PM CARES Fund till date may be
directed to be transferred to the
NDRF;” | <para>
9.
The revision of the existing National Disaster
Management Plan, 2016 began in April, 2017 and
completed in November, 2019. The National Disaster
Management Plan approved by National Disaster
Management Authority was notified in November, 2019.
</para>
<para>
10.
This writ petition filed as a public interest
litigation has been filed in the wake of Covid-19
pandemic, seeking direction to the Union of India to
prepare, notify and implement a National Plan under
Section 11 read with Section 10 of the Act, 2005 to
deal with current pandemic (Covid-19) and to lay down
11
minimum standards of relief under Section 12 of the
Act, 2005 to be provided to persons affected with
COVID-19. Petitioners have also sought for
directions to utilize National Disaster Response Fund
(NDRF) for the purposes of providing assistance in
the fight against COVID-19 and all the
contributions/grants from individuals/institutions be
credited in NDRF and not to PM CARES Fund and all
funds collected in PM CARES Fund till date should be
directed to be transferred to NDRF. It is useful to
note the specific prayers (a) to (c) made in the writ
petition: -
“a. Issue a writ, order or direction to
the Union of India to prepare, notify
and implement a National Plan under
Section 11 read with Section 10 of the
Disaster Management Act, 2005 to deal
with the ongoing COVID-19 pandemic;
b.
Issue a writ, order or direction to
the Union of India to lay down minimum
standards of relief, under Section 12
of the Disaster Management Act, 2005,
to be provided to persons affected by
the COVID-19 virus, as well as by the
resultant national lockdown;
12
c.
Issue a writ, order or direction to
the Union of India to utilize NDRF for
the purpose of providing assistance in
the fight against GOVID-19 pandemic in
compliance with Section 46 of the DM
Act, all the contributions/grants from
individuals and institutions shall be
credited to the NDRF in terms of
Section 46(1)(b) rather than to PM
CARES Fund and all the fund collected
in the PM CARES Fund till date may be
directed to be transferred to the
NDRF;”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
11.
We have heard Shri Dushyant Dave, learned senior
counsel for the petitioner. Shri Kapil Sibal has
also made his submissions in support of the prayers
and issues raised in the writ petition while
addressing his submissions in Suo Moto Writ Petition
No. 6 of 2020. We have also heard Shri Tushar Mehta,
learned Solicitor General appearing for the Union of
India.
12.
Petitioner’s case in the writ petition is that
the National Plan uploaded on the website of National
Disaster Management Authority of the year 2019 does
not deal with situations arising out of the current
13
pandemic and has no mention of measures like
lockdown, containment zones, social distancing etc.
The Central Government has notified COVID-19 as a
“disaster” under Act, 2005 and has issued series of
notifications to contain the instant pandemic.
Petitioner pleads that Centre need to prepare a well-
drawn National Plan to deal with instant pandemic and
the same need to be prepared after due consultation
with the State Government and experts. Petitioner
further pleads that Centre should come up with
detailed guidelines recommending the minimum
standards of relief to be provided in the relief
camps in relation to shelter, food, drinking water,
medical cover and sanitation, in absence of which,
shelter homes and relief camps are susceptible of
becoming hotbeds for the spread of COVID-19
infection. Petitioner pleads that Centre should come
up with detailed guidelines under Section 12(ii) and
(iii) of the Act, 2005 recommending special
provisions to be made for widows and orphans and ex
gratia to be provided to the kith and kin of those
losing life not just because of COVID-19 infection
but also due to harsh lockdown restrictions.
14
13.
The petitioner’s case further is that the
grants/contributions by individuals and institutions
should be credited into the National Disaster
Response Fund (NDRF) under Section 46 of the Act,
2005 and NDRF should be utilized for meeting the
ongoing COVID-19 crisis. All the contributions made
by the individuals and institutions in relation to
COVID-19 are being credited into the PM CARES Fund
and not in NDRF, which is clear violation of Section
46 of the Act, 2005. The NDRF is subject to CAG
Audit and PM CARES Fund is not subject to CAG Audit.
Petitioner’s case further is that the Centre may be
directed to utilize NDRF for the purpose of drawing
assistance to fight against COVID-19 and all the
contributions/grants
from
individuals
and
institutions be credited to the NDRF in terms of
15
Section 46(1)(b) rather than to PM CARES Fund and all
the Fund Collected in the PM CARES Fund till date may
be directed to be transferred to the NDRF. | <para>
11.
We have heard Shri Dushyant Dave, learned senior
counsel for the petitioner. Shri Kapil Sibal has
also made his submissions in support of the prayers
and issues raised in the writ petition while
addressing his submissions in Suo Moto Writ Petition
No. 6 of 2020. We have also heard Shri Tushar Mehta,
learned Solicitor General appearing for the Union of
India.
12.
Petitioner’s case in the writ petition is that
the National Plan uploaded on the website of National
Disaster Management Authority of the year 2019 does
not deal with situations arising out of the current
13
pandemic and has no mention of measures like
lockdown, containment zones, social distancing etc.
The Central Government has notified COVID-19 as a
“disaster” under Act, 2005 and has issued series of
notifications to contain the instant pandemic.
Petitioner pleads that Centre need to prepare a well-
drawn National Plan to deal with instant pandemic and
the same need to be prepared after due consultation
with the State Government and experts. Petitioner
further pleads that Centre should come up with
detailed guidelines recommending the minimum
standards of relief to be provided in the relief
camps in relation to shelter, food, drinking water,
medical cover and sanitation, in absence of which,
shelter homes and relief camps are susceptible of
becoming hotbeds for the spread of COVID-19
infection. Petitioner pleads that Centre should come
up with detailed guidelines under Section 12(ii) and
(iii) of the Act, 2005 recommending special
provisions to be made for widows and orphans and ex
gratia to be provided to the kith and kin of those
losing life not just because of COVID-19 infection
but also due to harsh lockdown restrictions.
14
</para>
<para>
13.
The petitioner’s case further is that the
grants/contributions by individuals and institutions
should be credited into the National Disaster
Response Fund (NDRF) under Section 46 of the Act,
2005 and NDRF should be utilized for meeting the
ongoing COVID-19 crisis. All the contributions made
by the individuals and institutions in relation to
COVID-19 are being credited into the PM CARES Fund
and not in NDRF, which is clear violation of Section
46 of the Act, 2005. The NDRF is subject to CAG
Audit and PM CARES Fund is not subject to CAG Audit.
Petitioner’s case further is that the Centre may be
directed to utilize NDRF for the purpose of drawing
assistance to fight against COVID-19 and all the
contributions/grants
from
individuals
and
institutions be credited to the NDRF in terms of
15
Section 46(1)(b) rather than to PM CARES Fund and all
the Fund Collected in the PM CARES Fund till date may
be directed to be transferred to the NDRF.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
14.
A preliminary counter affidavit has been filed on
behalf of the Union of India. In the counter
affidavit, the respondents have questioned the locus
of the petitioner to file this public interest
litigation. Counter affidavit questions as to
whether there can be a permanent body set up only to
file litigation on issues, which the said body
subjectively considers to be of “public interest”.
Counter affidavit pleads that National Disaster
Management Plan as per Section 11 is already in place
and relevant portion of National Disaster Management
Plan – November, 2019 has been annexed as Annexure R-
1 to the counter affidavit. Counter affidavit pleads
that Act, 2005 provides for a broad framework in
terms of the response to be provided in pursuance to
a National Plan in case of any disaster. Counter
affidavit pleads that National Plan does not and
16
cannot contain step by step instructions or specific
instructions for the day to day management by
Government agencies in the situation of any
particular and unforeseen disaster. National Plan is
not a document that contains the microscopic details
as to the day to day management of the issues arising
out of different disasters. National Disaster
Management Authority has issued various orders from
time to time to take effective measures found
required at the relevant point of time to contain the
spread of COVID-19 in the country. The Chairperson
of National Executive Committee has issued several
guidelines from time to time. National Disaster
Management Authority has, in order to create
preparedness with regard to any contingent biological
disaster, has framed the “National Disaster
Management Guidelines Management of Biological
Disasters”. National Disaster Management Authority
has framed broad template for State level and
District level for contingency plan for COVID-19.
17
The Nodal Ministry, i.e., Ministry of Health and
Family Welfare has issued a “Cluster Containment Plan
for COVID-19” on 02.03.2020, which was further
updated on 16.05.2020. Further instructions have
been issued from time to time including the guidance
documents. The Ministry of Health and Family Welfare
has approved the India COVID-19 Emergency Response
and Health Systems Preparedness Package of Rs.15000
crores, which seeks to support States/Union
Territories in various aspects of management of the
COVID Pandemic and provides support for establishment
of COVID dedicated facilities for treatment of COVID-
19 cases including for critical care, enhancement in
testing capacities, engagement and training of
necessary human resources and procurement of
essential equipment and protective gear for the
health care personnel engaged in COVID-19 duties etc.
With regard to minimum standards of relief, the
counter affidavit refers and relies on guidelines on
Minimum Standards of Relief under Section 12, which
18
has been brought on record as Annexure R-7. The
Counter affidavit also outlines various steps taken
by Health Ministry as well as the Government of
India. | <para>
14.
A preliminary counter affidavit has been filed on
behalf of the Union of India. In the counter
affidavit, the respondents have questioned the locus
of the petitioner to file this public interest
litigation. Counter affidavit questions as to
whether there can be a permanent body set up only to
file litigation on issues, which the said body
subjectively considers to be of “public interest”.
Counter affidavit pleads that National Disaster
Management Plan as per Section 11 is already in place
and relevant portion of National Disaster Management
Plan – November, 2019 has been annexed as Annexure R-
1 to the counter affidavit. Counter affidavit pleads
that Act, 2005 provides for a broad framework in
terms of the response to be provided in pursuance to
a National Plan in case of any disaster. Counter
affidavit pleads that National Plan does not and
16
cannot contain step by step instructions or specific
instructions for the day to day management by
Government agencies in the situation of any
particular and unforeseen disaster. National Plan is
not a document that contains the microscopic details
as to the day to day management of the issues arising
out of different disasters. National Disaster
Management Authority has issued various orders from
time to time to take effective measures found
required at the relevant point of time to contain the
spread of COVID-19 in the country. The Chairperson
of National Executive Committee has issued several
guidelines from time to time. National Disaster
Management Authority has, in order to create
preparedness with regard to any contingent biological
disaster, has framed the “National Disaster
Management Guidelines Management of Biological
Disasters”. National Disaster Management Authority
has framed broad template for State level and
District level for contingency plan for COVID-19.
</para>
<para>
17
The Nodal Ministry, i.e., Ministry of Health and
Family Welfare has issued a “Cluster Containment Plan
for COVID-19” on 02.03.2020, which was further
updated on 16.05.2020. Further instructions have
been issued from time to time including the guidance
documents. The Ministry of Health and Family Welfare
has approved the India COVID-19 Emergency Response
and Health Systems Preparedness Package of Rs.15000
crores, which seeks to support States/Union
Territories in various aspects of management of the
COVID Pandemic and provides support for establishment
of COVID dedicated facilities for treatment of COVID-
19 cases including for critical care, enhancement in
testing capacities, engagement and training of
necessary human resources and procurement of
essential equipment and protective gear for the
health care personnel engaged in COVID-19 duties etc.
With regard to minimum standards of relief, the
counter affidavit refers and relies on guidelines on
Minimum Standards of Relief under Section 12, which
18
has been brought on record as Annexure R-7. The
Counter affidavit also outlines various steps taken
by Health Ministry as well as the Government of
India.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
15.
Replying the averments in the writ petition
regarding PM CARES Fund and NDRF, the counter
affidavit pleads that there are several funds which
are either established earlier or now for carrying
out various relief works. PM CARES Fund is one of
such funds with voluntary donations. Affidavit
further states that there exist a NDRF which would
not prohibit creation of a different fund like PM
CARES fund which provides for voluntary donations.
The directions prayed in the writ petition for
transfer of funds received in PM CARES Fund in the
NDRF are non-maintainable.
16.
Shri Dushyant Dave, learned senior counsel
appearing for the petitioner referring to the
pleadings of the petitioner made in the writ petition
19
contends that Centre was obliged to prepare a
National Plan for Disaster Management specifically
for COVID-19. Shri Dave does not dispute that
National Plan under Section 11 has been framed in
November, 2019 but he submits that said Plan is
neither comprehensive nor covers management of
pandemic, i.e., COVID-19. Shri Dave submits that
power given in a Statute is to be exercised in the
same manner. Shri Dave further submits that there is
a serious problem in implementing the National Plan,
2019. Shri Dave has taken us to certain portion of
Plan of November, 2019, which has been filed as
Annexure – P-2 to the writ petition. Shri Dave
submits that only paragraph 7.15 deals with
biological and public health emergencies but Plan
does not contemplate giving any financial relief.
Shri Dave submits that unless there is a National
Plan for COVID-19, effective measures cannot be taken
to contain COVID-19. Referring to Section 46 of the
Act, 2005, Shri Dave submits that NDRF having been
20
constituted by Central Government, all amount given
by individuals and organisations for disaster should
have been credited in NDRF. He submits that PM CARES
Fund should not have been constituted when NDRF is
already in place to take care of disasters. Shri
Dave submits that there is no provision in 2019 Plan
to give fund to NDRF. Referring to Operational
Guidelines for Constitution and Administration of the
National Disaster Response Fund at page 129 of the
writ petition, Shri Dave submits that paragraph 5.5
provides that contribution made by the persons or
institutions for the purpose of disaster management
to be credited in the NDRF, which clause 5.5 has been
omitted in the subsequent Operational Guidelines for
Constitution and Administration of the National
Disaster Response Fund filed at page 154, which is
recent guidelines. By deletion of clause 5.5 now
contribution by any person or institution for the
purpose of disaster management to the NDRF is not
permissible. Shri Dave submits that petitioners have
21
no reason to doubt the bonafide of PM CARES Fund but
by creating PM CARES Fund the NDRF is being
circumvented. What cannot be done directly cannot be
done indirectly. Although, NDRF is audited by CAG,
the PM CARES Fund is audited by only private
auditors. | <para>
15.
Replying the averments in the writ petition
regarding PM CARES Fund and NDRF, the counter
affidavit pleads that there are several funds which
are either established earlier or now for carrying
out various relief works. PM CARES Fund is one of
such funds with voluntary donations. Affidavit
further states that there exist a NDRF which would
not prohibit creation of a different fund like PM
CARES fund which provides for voluntary donations.
The directions prayed in the writ petition for
transfer of funds received in PM CARES Fund in the
NDRF are non-maintainable.
</para>
<para>
16.
Shri Dushyant Dave, learned senior counsel
appearing for the petitioner referring to the
pleadings of the petitioner made in the writ petition
19
contends that Centre was obliged to prepare a
National Plan for Disaster Management specifically
for COVID-19. Shri Dave does not dispute that
National Plan under Section 11 has been framed in
November, 2019 but he submits that said Plan is
neither comprehensive nor covers management of
pandemic, i.e., COVID-19. Shri Dave submits that
power given in a Statute is to be exercised in the
same manner. Shri Dave further submits that there is
a serious problem in implementing the National Plan,
2019. Shri Dave has taken us to certain portion of
Plan of November, 2019, which has been filed as
Annexure – P-2 to the writ petition. Shri Dave
submits that only paragraph 7.15 deals with
biological and public health emergencies but Plan
does not contemplate giving any financial relief.
Shri Dave submits that unless there is a National
Plan for COVID-19, effective measures cannot be taken
to contain COVID-19. Referring to Section 46 of the
Act, 2005, Shri Dave submits that NDRF having been
20
constituted by Central Government, all amount given
by individuals and organisations for disaster should
have been credited in NDRF. He submits that PM CARES
Fund should not have been constituted when NDRF is
already in place to take care of disasters. Shri
Dave submits that there is no provision in 2019 Plan
to give fund to NDRF. Referring to Operational
Guidelines for Constitution and Administration of the
National Disaster Response Fund at page 129 of the
writ petition, Shri Dave submits that paragraph 5.5
provides that contribution made by the persons or
institutions for the purpose of disaster management
to be credited in the NDRF, which clause 5.5 has been
omitted in the subsequent Operational Guidelines for
Constitution and Administration of the National
Disaster Response Fund filed at page 154, which is
recent guidelines. By deletion of clause 5.5 now
contribution by any person or institution for the
purpose of disaster management to the NDRF is not
permissible. Shri Dave submits that petitioners have
21
no reason to doubt the bonafide of PM CARES Fund but
by creating PM CARES Fund the NDRF is being
circumvented. What cannot be done directly cannot be
done indirectly. Although, NDRF is audited by CAG,
the PM CARES Fund is audited by only private
auditors.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
17. Shri Tushar Mehta, learned Solicitor General
refuting the submissions of the counsel for the
petitioners submits that reliefs (i) and (ii) made in
the writ petition has become infructuous since
National Plan has already been prepared under Section
11, which has been referred to in the counter
affidavit and relevant extract of the Plan has
already been brought on record as Annexure R-1 along
with counter affidavit. He submits that insofar as
the guidelines for minimum standards of reliefs are
concerned, there are guidelines in existence, which
has been brought on record by the counter affidavit,
which covers all disasters including COVID-19. Shri
22
Mehta submits that Plan – November, 2019 along with
the powers given in the Act, 2005 contains several
measures to contain the spread of COVID-19 and no
separate National Plan is required for COVID-19.
18.
Shri Tushar Mehta submits that a National
Disaster Response Fund has been created as stipulated
under Section 46 of Act, 2005, which consist of fund
in the form of budgetary provisions made by the
Central Government in National Disaster Response
Fund. He submits that the existence of National
Disaster Response Fund, which is a statutory fund,
neither prevents creation of any public charitable
trust receiving voluntary donation nor can remotely
mean that the amount received in all such voluntary
funds should go in the statutory fund created under
Section 46. National Disaster Response Fund and PM
CARES Fund being distinct and separate, there is no
occasion for any direction to transfer the amount of
PM CARES Fund to the National Disaster Response Fund.
23 | <para>
17. Shri Tushar Mehta, learned Solicitor General
refuting the submissions of the counsel for the
petitioners submits that reliefs (i) and (ii) made in
the writ petition has become infructuous since
National Plan has already been prepared under Section
11, which has been referred to in the counter
affidavit and relevant extract of the Plan has
already been brought on record as Annexure R-1 along
with counter affidavit. He submits that insofar as
the guidelines for minimum standards of reliefs are
concerned, there are guidelines in existence, which
has been brought on record by the counter affidavit,
which covers all disasters including COVID-19. Shri
22
Mehta submits that Plan – November, 2019 along with
the powers given in the Act, 2005 contains several
measures to contain the spread of COVID-19 and no
separate National Plan is required for COVID-19.
</para>
<para>
18.
Shri Tushar Mehta submits that a National
Disaster Response Fund has been created as stipulated
under Section 46 of Act, 2005, which consist of fund
in the form of budgetary provisions made by the
Central Government in National Disaster Response
Fund. He submits that the existence of National
Disaster Response Fund, which is a statutory fund,
neither prevents creation of any public charitable
trust receiving voluntary donation nor can remotely
mean that the amount received in all such voluntary
funds should go in the statutory fund created under
Section 46. National Disaster Response Fund and PM
CARES Fund being distinct and separate, there is no
occasion for any direction to transfer the amount of
PM CARES Fund to the National Disaster Response Fund.
23
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
19.
We have heard the learned counsel for the parties
and perused the record. Applications for intervention
are rejected.
20.
The respondent in its affidavit has raised
contention/objection regarding the locus standi of
the petitioner. It is, inter alia, contended that
there cannot be a permanent body existing only for
filing public interest litigations. Shri Tushar
Mehta, learned Solicitor General, however, pointed
out that at the outset, in the facts of the present
case, he would rather like to assist the Hon’ble
court on merits and requested that the question of
locus standi of the petitioner which, according to
him is a very serious question, be left open to be
raised and decided in other proceedings. We have,
therefore, heard the parties on merits, keeping the
aforesaid question open, to be heard and decided in
an appropriate proceeding.
24 | <para>
19.
We have heard the learned counsel for the parties
and perused the record. Applications for intervention
are rejected.
</para>
<para>
20.
The respondent in its affidavit has raised
contention/objection regarding the locus standi of
the petitioner. It is, inter alia, contended that
there cannot be a permanent body existing only for
filing public interest litigations. Shri Tushar
Mehta, learned Solicitor General, however, pointed
out that at the outset, in the facts of the present
case, he would rather like to assist the Hon’ble
court on merits and requested that the question of
locus standi of the petitioner which, according to
him is a very serious question, be left open to be
raised and decided in other proceedings. We have,
therefore, heard the parties on merits, keeping the
aforesaid question open, to be heard and decided in
an appropriate proceeding.
24
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
21.
From the submissions of the learned counsel for
the parties and the pleadings on record, following
questions arise for consideration in this writ
petition: -
I) Whether the Union of India under Section 11 of
Act, 2005, is obliged to prepare, notify and
implement a National Disaster Management Plan
specifically
for
pandemic
COVID-19
irrespective of National Disaster Management
Plan notified in November, 2019?
II) Whether the Union of India is obliged to lay
down the minimum standards of relief under
Section 12 of Act, 2005, for COVID-19
irrespective of earlier guidelines issued
under Section 12 of the Act, 2005 laying down
the minimum standards of relief?
III) Whether Union of India is obliged to utilise
National Disaster Response Fund created under
25
Section 46 of the Act for the purpose of
providing assistance in the fight of COVID-19?
IV) Whether all the contributions/grants from
individuals and institutions should be
credited to the NDRF in terms of Section 46(1)
(b) of the Act rather than to PM CARES Fund?
V) Whether all the funds collected in the PM CARES
Fund till date be directed to be transferred to
the NDRF?
QUESTION NO.I
I) Whether the Union of India under Section 11 of
Act, 2005, is obliged to prepare, notify and
implement a National Disaster Management Plan
specifically for pandemic COVID-19 irrespective
of National Disaster Management Plan notified in
November, 2019?
22.
The Act, 2005, has been enacted for the effective
management of Disasters and for matters connected
therewith or incidental thereto. Section 3 of the
Act constitutes National Disaster Management
Authority with the Prime Minister of India as the
26
Chairperson, ex-officio. Section 6 enumerates the
powers and functions of National Authority. As per
Section 6 sub-Section (2)(b), National Disaster
Management Authority (hereinafter referred to as
National Authority) is to approve the National Plan.
Under Section 7, the National Authority may
constitute an advisory Committee consisting of
experts in the field of Disaster Management to make
recommendations on different aspects of Disaster
Management. Under Section 8, the Central Government
is to constitute a National Executive Committee to
assist the National Authority in the performance of
its functions under the Act. Section 11 of the Act
deals with National Plan, which provision is to the
following effect: -
“11. National Plan –(1) There shall be
drawn up a plan for disaster management
for the whole of the country to be called
the National Plan.
(2) The National Plan shall be
prepared by the National Executive
Committee having regard to the National
Policy and in consultation with the State
Governments and expert bodies or
27
organizations in the field of disaster
management to be approved by the National
Authority. | <para>
21.
From the submissions of the learned counsel for
the parties and the pleadings on record, following
questions arise for consideration in this writ
petition: -
I) Whether the Union of India under Section 11 of
Act, 2005, is obliged to prepare, notify and
implement a National Disaster Management Plan
specifically
for
pandemic
COVID-19
irrespective of National Disaster Management
Plan notified in November, 2019?
II) Whether the Union of India is obliged to lay
down the minimum standards of relief under
Section 12 of Act, 2005, for COVID-19
irrespective of earlier guidelines issued
under Section 12 of the Act, 2005 laying down
the minimum standards of relief?
III) Whether Union of India is obliged to utilise
National Disaster Response Fund created under
25
Section 46 of the Act for the purpose of
providing assistance in the fight of COVID-19?
IV) Whether all the contributions/grants from
individuals and institutions should be
credited to the NDRF in terms of Section 46(1)
(b) of the Act rather than to PM CARES Fund?
V) Whether all the funds collected in the PM CARES
Fund till date be directed to be transferred to
the NDRF?
QUESTION NO.I
I) Whether the Union of India under Section 11 of
Act, 2005, is obliged to prepare, notify and
implement a National Disaster Management Plan
specifically for pandemic COVID-19 irrespective
of National Disaster Management Plan notified in
November, 2019?
</para>
<para>
22.
The Act, 2005, has been enacted for the effective
management of Disasters and for matters connected
therewith or incidental thereto. Section 3 of the
Act constitutes National Disaster Management
Authority with the Prime Minister of India as the
26
Chairperson, ex-officio. Section 6 enumerates the
powers and functions of National Authority. As per
Section 6 sub-Section (2)(b), National Disaster
Management Authority (hereinafter referred to as
National Authority) is to approve the National Plan.
Under Section 7, the National Authority may
constitute an advisory Committee consisting of
experts in the field of Disaster Management to make
recommendations on different aspects of Disaster
Management. Under Section 8, the Central Government
is to constitute a National Executive Committee to
assist the National Authority in the performance of
its functions under the Act. Section 11 of the Act
deals with National Plan, which provision is to the
following effect: -
“11. National Plan –(1) There shall be
drawn up a plan for disaster management
for the whole of the country to be called
the National Plan.
(2) The National Plan shall be
prepared by the National Executive
Committee having regard to the National
Policy and in consultation with the State
Governments and expert bodies or
27
organizations in the field of disaster
management to be approved by the National
Authority.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
(3) The National Plan shall include –
(a) measures to be taken for
the prevention of disasters,
or the mitigation of their
effects;
(b) measures to be taken for
the integration of mitigation
measures in the development
plans;
(c) measures to be taken for
preparedness and capacity
building to effectively
respond to any threatening
disaster situations or
disaster;
(d) roles and responsibilities
of different Ministries or
Departments of the Government
of India in respect of
measures specified in clauses
(a), (b) and (c).
(4) The National Plan shall be
reviewed and updated annually.
(5) Appropriate provisions shall be
made by the Central Government for
financing the measures to be carried out
under the National Plan.
(6) Copies of the National Plan
referred to in sub-sections (2) and (4)
shall be made available to the Ministries
or Departments of the Government of India
28
and such Ministries or Departments shall
draw up their own plans in accordance with
National Plan.”
23.
As noted above, the first National Plan under
Section 11 was framed in the year 2016, which was
revised and the National Plan was prepared and
notified in November, 2019. Extract of National
Disaster Management Plan of November, 2019 has been
brought on record both by the petitioner as
Annexure-P2 to the writ petition as well as by the
respondent as Annexure-R1 to the preliminary counter
affidavit. | <para>
(3) The National Plan shall include –
(a) measures to be taken for
the prevention of disasters,
or the mitigation of their
effects;
(b) measures to be taken for
the integration of mitigation
measures in the development
plans;
(c) measures to be taken for
preparedness and capacity
building to effectively
respond to any threatening
disaster situations or
disaster;
(d) roles and responsibilities
of different Ministries or
Departments of the Government
of India in respect of
measures specified in clauses
(a), (b) and (c).
(4) The National Plan shall be
reviewed and updated annually.
(5) Appropriate provisions shall be
made by the Central Government for
financing the measures to be carried out
under the National Plan.
(6) Copies of the National Plan
referred to in sub-sections (2) and (4)
shall be made available to the Ministries
or Departments of the Government of India
28
and such Ministries or Departments shall
draw up their own plans in accordance with
National Plan.”
23.
</para>
<para>
As noted above, the first National Plan under
Section 11 was framed in the year 2016, which was
revised and the National Plan was prepared and
notified in November, 2019. Extract of National
Disaster Management Plan of November, 2019 has been
brought on record both by the petitioner as
Annexure-P2 to the writ petition as well as by the
respondent as Annexure-R1 to the preliminary counter
affidavit.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
24.
We may notice certain relevant portions of the
Plan, 2019 to answer the question which is up for
consideration. The Plan, 2019 under heading
‘Executive Summary’ states: -
“...The National Disaster Management
Plan (NDMP) provides a framework and
direction to the government agencies for
all phases of disaster management cycle.
The NDMP is a “dynamic document” in the
sense that it will be periodically
improved keeping up with the emerging
global best practices and knowledge base
29
in disaster management. It is in
accordance with the provisions of the DM
Act, 2005, the guidance given in the
National Policy on Disaster Management
(NPDM) 2009, and the established national
practices...”
25.
In the Executive summary itself, while noticing
the changes introduced, the Plan states that new
sections have been added relating to several hazards
including “Biological and Public Health
Emergencies”. The Plan, 2019 provides a framework
and directions to the Government Agencies for all
phases of Disaster Management. The Plan is a dynamic
document in the sense that it was to be periodically
improved, keeping up with the best practices and
knowledge based in Disaster Management. The Plan
provides a framework covering all aspects of
Disaster Management. It covers Disaster Risk
Reduction, mitigation, preparedness, response,
recovery and building back better. It recognizes
that effective Disaster Management necessitates a
comprehensive framework encompassing multiple
30
hazards. Paragraph 1.4 of the Plan under the heading
‘Legal Mandate’ states: -
“1.4. Legal Mandate
Section 11 of the DM Act 2005 mandates
that there shall be a National Disaster
Management Plan (NDMP) for the whole of
India. The NDMP complies with the National
Policy on Disaster Management (NPDM) of
2009 and conforms to the provisions of the
DM Act making it mandatory for the various
central ministries and departments to have
adequate DM plans. While the NDMP will
pertain to the disaster management for the
whole of the country, the hazard-specific
nodal ministries and departments notified
by the Government of India will prepare
detailed DM plans specific to the disaster
assigned. As per Section 37 of the DM Act,
every ministry and department of the
Government of India, be it hazard-specific
nodal ministries or not, shall prepare
comprehensive DM plans detailing how each
of them will contribute to the national
efforts in the domains of disaster
prevention, preparedness, response, and
recovery.
As per the mandate of the DM Act, the
NDMP assigns specific and general
responsibilities to all ministries and
departments for disaster management. The
DM Act enjoins the NDMP to assign
necessary responsibilities to various
ministries to support and implement the
plan. Therefore, it is incumbent on all
ministries to accept all the implicit and
explicit responsibilities mentioned in the
31
NDMP even if they are beyond what are
explicitly mentioned in the normal rules
of business. Disaster management requires
assumption of responsibilities beyond the
normal functioning. The NDMP will be
complemented by separate contingency
plans, SOPs, manuals, and guidelines at
all levels of the multi-tiered governance
system.” | <para>
24.
We may notice certain relevant portions of the
Plan, 2019 to answer the question which is up for
consideration. The Plan, 2019 under heading
‘Executive Summary’ states: -
“...The National Disaster Management
Plan (NDMP) provides a framework and
direction to the government agencies for
all phases of disaster management cycle.
The NDMP is a “dynamic document” in the
sense that it will be periodically
improved keeping up with the emerging
global best practices and knowledge base
29
in disaster management. It is in
accordance with the provisions of the DM
Act, 2005, the guidance given in the
National Policy on Disaster Management
(NPDM) 2009, and the established national
practices...”
</para>
<para>
25.
In the Executive summary itself, while noticing
the changes introduced, the Plan states that new
sections have been added relating to several hazards
including “Biological and Public Health
Emergencies”. The Plan, 2019 provides a framework
and directions to the Government Agencies for all
phases of Disaster Management. The Plan is a dynamic
document in the sense that it was to be periodically
improved, keeping up with the best practices and
knowledge based in Disaster Management. The Plan
provides a framework covering all aspects of
Disaster Management. It covers Disaster Risk
Reduction, mitigation, preparedness, response,
recovery and building back better. It recognizes
that effective Disaster Management necessitates a
comprehensive framework encompassing multiple
30
hazards. Paragraph 1.4 of the Plan under the heading
‘Legal Mandate’ states: -
“1.4. Legal Mandate
Section 11 of the DM Act 2005 mandates
that there shall be a National Disaster
Management Plan (NDMP) for the whole of
India. The NDMP complies with the National
Policy on Disaster Management (NPDM) of
2009 and conforms to the provisions of the
DM Act making it mandatory for the various
central ministries and departments to have
adequate DM plans. While the NDMP will
pertain to the disaster management for the
whole of the country, the hazard-specific
nodal ministries and departments notified
by the Government of India will prepare
detailed DM plans specific to the disaster
assigned. As per Section 37 of the DM Act,
every ministry and department of the
Government of India, be it hazard-specific
nodal ministries or not, shall prepare
comprehensive DM plans detailing how each
of them will contribute to the national
efforts in the domains of disaster
prevention, preparedness, response, and
recovery.
As per the mandate of the DM Act, the
NDMP assigns specific and general
responsibilities to all ministries and
departments for disaster management. The
DM Act enjoins the NDMP to assign
necessary responsibilities to various
ministries to support and implement the
plan. Therefore, it is incumbent on all
ministries to accept all the implicit and
explicit responsibilities mentioned in the
31
NDMP even if they are beyond what are
explicitly mentioned in the normal rules
of business. Disaster management requires
assumption of responsibilities beyond the
normal functioning. The NDMP will be
complemented by separate contingency
plans, SOPs, manuals, and guidelines at
all levels of the multi-tiered governance
system.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
26.
The above part of the Plan categorically states
that the Plan will be complemented by several
contingency plans, Standard Operating Procedures
(SOPs), Manuals and Guidelines at all levels of the
multi-tiered governance system. Paragraph 1.13 deals
with ‘types of Disasters’. Paragraph 1.13.1,
‘Natural Hazards’ have been enumerated in five major
categories. Sub-category (5) is to the following
effect:-
“1.13.1 Natural Hazards
1)...
5)Biological Process or phenomenon
or organic origin or conveyed by
biological vectors, including exposure
to pathogenic micro-organisms, toxins
and bioactive substances that may cause
loss of life, injury, illness or other
health impacts, property damage, loss
of livelihoods and services, social and
32
economic disruption or environmental
damage.”
27.
Under Table 1-1, ‘Categories of Natural Hazards’
have been detailed. Item (5) of the Table 1-1 is to
the following effect: -
“Table 1-1: Categories of Natural Hazards
Family
Main
Event
1 Geophysical
2 Hydrological
3 Meteorological
4 Climatological
5 Biological
Exposure to
germs and
toxic
substances
Short
Description/
Secondary
Disaster
Epidemics:
Viral,
bacterial
parasitic,
fungal, or
prion
infections
Insect
infestatio
ns
Animal
stampedes | <para>
26.
The above part of the Plan categorically states
that the Plan will be complemented by several
contingency plans, Standard Operating Procedures
(SOPs), Manuals and Guidelines at all levels of the
multi-tiered governance system. Paragraph 1.13 deals
with ‘types of Disasters’. Paragraph 1.13.1,
‘Natural Hazards’ have been enumerated in five major
categories. Sub-category (5) is to the following
effect:-
“1.13.1 Natural Hazards
1)...
5)Biological Process or phenomenon
or organic origin or conveyed by
biological vectors, including exposure
to pathogenic micro-organisms, toxins
and bioactive substances that may cause
loss of life, injury, illness or other
health impacts, property damage, loss
of livelihoods and services, social and
32
economic disruption or environmental
damage.”
</para>
<para>
27.
Under Table 1-1, ‘Categories of Natural Hazards’
have been detailed. Item (5) of the Table 1-1 is to
the following effect: -
“Table 1-1: Categories of Natural Hazards
Family
Main
Event
1 Geophysical
2 Hydrological
3 Meteorological
4 Climatological
5 Biological
Exposure to
germs and
toxic
substances
Short
Description/
Secondary
Disaster
Epidemics:
Viral,
bacterial
parasitic,
fungal, or
prion
infections
Insect
infestatio
ns
Animal
stampedes
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
28. Table 1-3, provides for ‘Nodal Ministry for
Management/Mitigation of Different Disasters’ with
regard to Biological Emergencies, Nodal Ministry is
33
notified as Ministry of Health and Family
Welfare(MoHFW). Under paragraph 2.2.3.3, Biological
and Public Health Emergencies have been dealt with.
The First paragraph of the above is as follows:-
“...Disasters related to this sub-
group are biological emergencies and
epidemics, pest attacks, cattle epidemics
and food poisoning. Biological emergency
is one caused due to natural outbreaks of
epidemics or intentional use of biological
agents (viruses and microorganisms) or
toxins through dissemination of such
agents in ways to harm human population,
food crops and livestock to cause
outbreaks of diseases. This may happen
through natural, accidental, or deliberate
dispersal of such harmful agents into
food, water, air, soil or into plants,
crops, or livestock. Apart from the
natural transnational movement of the
pathogenic organisms, their potential use
as weapons of biological warfare and
bioterrorism has become far more important
now than ever before. Along with nuclear
and chemical agents, many biological
agents are now considered as capable of
causing large-scale mortality and
morbidity...”
29. Paragraphs 6 and 7 deals with “Building Disaster
Resilience - Responsibility Framework, Part A and B”.
Dealing with Biological and Public Health Emergencies
in paragraph 7.15, following are the sub-heads under
the paragraph: -
34
“7.15 Biological and Public Health
Emergencies (BPHE)
7.15.1 Understanding Risk
7.15.2 Inter-Agency Coordination
7.15.3 Investing in DRR–Structural
Measures
7.15.4 Investing in DRR- Non-structural
Measures
7.15.5 Capacity Development
7.15.6 Climate Change Risk Management”
30. A detailed chart has been prepared under
paragraph 7.15 in five parts and it shall be useful
to notice the only first portion of paragraph 7.15.1,
item 1, which is to the following effect: -
“7.15.1 Understanding Risk
Biological & Public Health Emergencies (BPHE)
Sub-Thematic
Area for DRR
Central/State Agencies and their Responsibilities
Centre#
Responsibility
- Centre
State#
Responsibility
-State
1.
Observation
Networks,
Information
Systems,
Monitoring,
Research,
Forecasting,
Early Warning
and
Zoning/Mapping
MHFW*
(NCDC),
MAFW, MHA,
MOD, MOES,
MOEFCC, MOR,
MLBE, MEITY,
NDMA
Recurring/
Regular(RR)
Support
training
Extend
technical
support
for
Medium Term(T2)
Establishment
of
Warning System
Strengthening
Early
IDSP and early
warning systems
at
regional
levels
Epidemiological
disease mapping
Health
facilities
mapping
35
Recurring/
Regular(RR)
Maintaining
preventive
measures as per
norms
Short Term(T1)
Strengthening
integrated health
surveillance
systems
Medium Term(T2)
Establishing and
HFWD*,
DMD$,
SDMA, RD,
DRD, UDD,
DWSD,
EDD, PD,
EFD, AHD,
WCD,
PRI/ULB,
SLRTI,
DDMA
maintain
community-based
network
sharing alerts
for
Strengthening
IDSP
Long Term(T3)
States
should,
modify or adapt
IMD’s
warning
system according
to
thresholds
applicable in each
state | <para>
28. Table 1-3, provides for ‘Nodal Ministry for
Management/Mitigation of Different Disasters’ with
regard to Biological Emergencies, Nodal Ministry is
33
notified as Ministry of Health and Family
Welfare(MoHFW). Under paragraph 2.2.3.3, Biological
and Public Health Emergencies have been dealt with.
The First paragraph of the above is as follows:-
“...Disasters related to this sub-
group are biological emergencies and
epidemics, pest attacks, cattle epidemics
and food poisoning. Biological emergency
is one caused due to natural outbreaks of
epidemics or intentional use of biological
agents (viruses and microorganisms) or
toxins through dissemination of such
agents in ways to harm human population,
food crops and livestock to cause
outbreaks of diseases. This may happen
through natural, accidental, or deliberate
dispersal of such harmful agents into
food, water, air, soil or into plants,
crops, or livestock. Apart from the
natural transnational movement of the
pathogenic organisms, their potential use
as weapons of biological warfare and
bioterrorism has become far more important
now than ever before. Along with nuclear
and chemical agents, many biological
agents are now considered as capable of
causing large-scale mortality and
morbidity...”
</para>
<para>
29. Paragraphs 6 and 7 deals with “Building Disaster
Resilience - Responsibility Framework, Part A and B”.
Dealing with Biological and Public Health Emergencies
in paragraph 7.15, following are the sub-heads under
the paragraph: -
34
“7.15 Biological and Public Health
Emergencies (BPHE)
7.15.1 Understanding Risk
7.15.2 Inter-Agency Coordination
7.15.3 Investing in DRR–Structural
Measures
7.15.4 Investing in DRR- Non-structural
Measures
7.15.5 Capacity Development
7.15.6 Climate Change Risk Management”
30. A detailed chart has been prepared under
paragraph 7.15 in five parts and it shall be useful
to notice the only first portion of paragraph 7.15.1,
item 1, which is to the following effect: -
“7.15.1 Understanding Risk
Biological & Public Health Emergencies (BPHE)
Sub-Thematic
Area for DRR
Central/State Agencies and their Responsibilities
Centre#
Responsibility
- Centre
State#
Responsibility
-State
1.
Observation
Networks,
Information
Systems,
Monitoring,
Research,
Forecasting,
Early Warning
and
Zoning/Mapping
MHFW*
(NCDC),
MAFW, MHA,
MOD, MOES,
MOEFCC, MOR,
MLBE, MEITY,
NDMA
Recurring/
Regular(RR)
Support
training
Extend
technical
support
for
Medium Term(T2)
Establishment
of
Warning System
Strengthening
Early
IDSP and early
warning systems
at
regional
levels
Epidemiological
disease mapping
Health
facilities
mapping
35
Recurring/
Regular(RR)
Maintaining
preventive
measures as per
norms
Short Term(T1)
Strengthening
integrated health
surveillance
systems
Medium Term(T2)
Establishing and
HFWD*,
DMD$,
SDMA, RD,
DRD, UDD,
DWSD,
EDD, PD,
EFD, AHD,
WCD,
PRI/ULB,
SLRTI,
DDMA
maintain
community-based
network
sharing alerts
for
Strengthening
IDSP
Long Term(T3)
States
should,
modify or adapt
IMD’s
warning
system according
to
thresholds
applicable in each
state
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
31. The other items apart from item (1) as noticed
above in paragraph 7, which are relevant is as
follows:-
Biological & Public Health Emergencies (BPHE)
Sub-Thematic
Area for DRR
Central/State Agencies and their Responsibilities
Centre#
Responsibility
State#
Responsibility -
Centre
-State
2. Hazard Risk
Vulnerability
and Capacity
Assessment
(HRVCA)
MHFW*,
MAFW*, MHA,
MOD, MOES,
MOEFCC,
MSJE, NDMA
Recurring/
Regular (RR)
• Promote studies,
documentation
and research
• Provide Training
Technical
&
support
• Studies on
vulnerabilities
and capacities
covering
social,
physical,
economic,
ecological,
gender, social
inclusion and
equity aspects
Short-Term (T1)
Develop guidelines
Recurring/
Regular (RR)
Support for
organising
training
Extend technical
support
3
Dissemination
of warnings,
data
&
information
MHFW, MHA,
MOD, MOES,
MAFW,
MOEFCC,
NDMA
HFWD,
DMD$,
SDMA,
DRD,
UDD,
DWSD,
EFD,
AHD,
WCD,
DSJE,
PRI,
ULB,
SLRTI,
DDMA
HFWD*,
DMD$,
SDMA,
DRD,
UDD,
DWSD,
EDD,
PD,
EFD,
AHD,
WCD,
PRI,
ULB,
SLRTI,
DDMA
36
Recurring/
Regular (RR)
Updating HRVCA
Identifying
the vulnerable
population/
communities/
settlements
Identification
of
groups
requiring
special
attention
Conduct audit
of equipment
and hu man
resource
requirements
Short term(T1)
Constitute/
strengthen the
mechanisms for
consultation with
experts
and
stakeholders
Short Term (T1)
Create
awareness
preventive
measures
Extensive IEC
campaigns to
create
awareness
through print,
electronic and
social media
Medium Term (T2)
Specific messages
for
highly
vulnerable groups
such as elderly,
young children,
outdoor workers
and
slum
4
Disaster Data
Collection
and
Management
MHA* ,
MOSPI, all
ministries/
depts.
37
residents
Recurring/
Regular (RR)
Systematic data
management of
data on disaster
damage and loss
assessments
Short Term (T1)
Disaster Damage
and Losses 2005-
2015 baseline
DMD$,
SDMA,
all
depts.
Recurring/
Regular (RR)
Systematic data
management of data
on disaster damage
and loss
assessments
Short Term (T1)
Disaster Damage and
Losses 2005-2015
baseline
Notes: (#) Every ministry, department or agency of
the government – central and state – not specifically
mentioned will also have both direct and indirect
supporting role depending on the disaster, location
and context. (*) The ministry, department or agency
with this symbol has or is deemed to have a nodal or
lead role, while others mentioned have a direct or
explicit supporting role. ($) DMD —Disaster
Management Department: The state government
department acting as the nodal department for
disaster management, which is not the same in every
state/UT.
32. Paragraph 7.15.2 deals with inter-agency
coordination in these items. Paragraph 7.15.3 deals
with investing in DRR – Structural measures.
Paragraph 7.15.4 deals with investing in DRR – Non-
structural measures. Paragraph 7.15.5 deals with
capacity development. Paragraph 7.15.6 deals with
climate change risk management. The plan, thus,
38
contains detailed treatment of Biological and Public
Health Emergencies as noticed above, which have been
detailed at pages 117 to 130 of the Annexure-R1 of
the counter affidavit. All aspects of Biological and
Public Health Emergencies have been, thus, dealt in
systematic and planned manner. The Plan of 2019 in
different paragraphs deals with entire framework. | <para>
31. The other items apart from item (1) as noticed
above in paragraph 7, which are relevant is as
follows:-
Biological & Public Health Emergencies (BPHE)
Sub-Thematic
Area for DRR
Central/State Agencies and their Responsibilities
Centre#
Responsibility
State#
Responsibility -
Centre
-State
2. Hazard Risk
Vulnerability
and Capacity
Assessment
(HRVCA)
MHFW*,
MAFW*, MHA,
MOD, MOES,
MOEFCC,
MSJE, NDMA
Recurring/
Regular (RR)
• Promote studies,
documentation
and research
• Provide Training
Technical
&
support
• Studies on
vulnerabilities
and capacities
covering
social,
physical,
economic,
ecological,
gender, social
inclusion and
equity aspects
Short-Term (T1)
Develop guidelines
Recurring/
Regular (RR)
Support for
organising
training
Extend technical
support
3
Dissemination
of warnings,
data
&
information
MHFW, MHA,
MOD, MOES,
MAFW,
MOEFCC,
NDMA
HFWD,
DMD$,
SDMA,
DRD,
UDD,
DWSD,
EFD,
AHD,
WCD,
DSJE,
PRI,
ULB,
SLRTI,
DDMA
HFWD*,
DMD$,
SDMA,
DRD,
UDD,
DWSD,
EDD,
PD,
EFD,
AHD,
WCD,
PRI,
ULB,
SLRTI,
DDMA
36
Recurring/
Regular (RR)
Updating HRVCA
Identifying
the vulnerable
population/
communities/
settlements
Identification
of
groups
requiring
special
attention
Conduct audit
of equipment
and hu man
resource
requirements
Short term(T1)
Constitute/
strengthen the
mechanisms for
consultation with
experts
and
stakeholders
Short Term (T1)
Create
awareness
preventive
measures
Extensive IEC
campaigns to
create
awareness
through print,
electronic and
social media
Medium Term (T2)
Specific messages
for
highly
vulnerable groups
such as elderly,
young children,
outdoor workers
and
slum
4
Disaster Data
Collection
and
Management
MHA* ,
MOSPI, all
ministries/
depts.
37
residents
Recurring/
Regular (RR)
Systematic data
management of
data on disaster
damage and loss
assessments
Short Term (T1)
Disaster Damage
and Losses 2005-
2015 baseline
DMD$,
SDMA,
all
depts.
Recurring/
Regular (RR)
Systematic data
management of data
on disaster damage
and loss
assessments
Short Term (T1)
Disaster Damage and
Losses 2005-2015
baseline
Notes: (#) Every ministry, department or agency of
the government – central and state – not specifically
mentioned will also have both direct and indirect
supporting role depending on the disaster, location
and context. (*) The ministry, department or agency
with this symbol has or is deemed to have a nodal or
lead role, while others mentioned have a direct or
explicit supporting role. ($) DMD —Disaster
Management Department: The state government
department acting as the nodal department for
disaster management, which is not the same in every
state/UT.
</para>
<para>
32. Paragraph 7.15.2 deals with inter-agency
coordination in these items. Paragraph 7.15.3 deals
with investing in DRR – Structural measures.
Paragraph 7.15.4 deals with investing in DRR – Non-
structural measures. Paragraph 7.15.5 deals with
capacity development. Paragraph 7.15.6 deals with
climate change risk management. The plan, thus,
38
contains detailed treatment of Biological and Public
Health Emergencies as noticed above, which have been
detailed at pages 117 to 130 of the Annexure-R1 of
the counter affidavit. All aspects of Biological and
Public Health Emergencies have been, thus, dealt in
systematic and planned manner. The Plan of 2019 in
different paragraphs deals with entire framework.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
33. The submission which has been pressed by
petitioner is that despite existence of Plan, 2019,
there has to be specific Plan dealing with COVID-19,
hence, Union of India may be directed to prepare a
National Plan under Section 11 for COVID-19. Section
11 of the Act provides that there shall be a plan for
Disaster Management for the whole of the Country.
Sub-Section (3) of Section 11 requires that the
National Plan shall include: -
“11.(3) The National Plan shall include-
(a) measures to be taken for the
prevention of disasters, or the
mitigation of their effects;
39
(b) measures to be taken for the
integration of mitigation measures
in the development plans;
(c) measures to be taken for
preparedness and capacity building
to effectively respond to any
threatening disaster situations or
disaster;
(d) roles and responsibilities of
different Ministries or Departments
of the Government of India in
respect of measures specified in
clauses (a), (b) and (c). ”
34. The object and purpose of preparing a National
Plan is to cope up and tackle with all conceivable
disasters which the country may face. When the
measures have to be taken for preparedness and
capacity building to effectively respond to any
threatening disaster situation, the section does not
contemplate preparation of Plan after a disaster has
occurred. | <para>
33. The submission which has been pressed by
petitioner is that despite existence of Plan, 2019,
there has to be specific Plan dealing with COVID-19,
hence, Union of India may be directed to prepare a
National Plan under Section 11 for COVID-19. Section
11 of the Act provides that there shall be a plan for
Disaster Management for the whole of the Country.
Sub-Section (3) of Section 11 requires that the
National Plan shall include: -
“11.(3) The National Plan shall include-
(a) measures to be taken for the
prevention of disasters, or the
mitigation of their effects;
39
(b) measures to be taken for the
integration of mitigation measures
in the development plans;
(c) measures to be taken for
preparedness and capacity building
to effectively respond to any
threatening disaster situations or
disaster;
(d) roles and responsibilities of
different Ministries or Departments
of the Government of India in
respect of measures specified in
clauses (a), (b) and (c). ”
</para>
<para>
34. The object and purpose of preparing a National
Plan is to cope up and tackle with all conceivable
disasters which the country may face. When the
measures have to be taken for preparedness and
capacity building to effectively respond to any
threatening disaster situation, the section does not
contemplate preparation of Plan after a disaster has
occurred.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
35. National Plan and guidelines as contemplated by
the statute for Disaster Management is by its very
nature prior to the occurrence of any disaster and as
40
a measure of preparedness. It is not conceivable that
a National Plan would be framed after the disaster
has occurred. A National Plan encompasses and
contemplate all kinds of disasters.
36.
As noticed above, Biological and Public Health
Emergencies has already been contemplated in the
National Plan, 2019, which as noticed in table 1-1
under paragraph 1.13.1 specifically includes
epidemics: Viral, Bacterial, Parasitic, Fungal and
prion infections. Novel Coronavirus is an epidemic
which has become a pandemic. Epidemics of different
nature and extent have taken place in this country as
well as other countries of the world. A pandemic is
an epidemic, i.e., spread over multiple countries/
continents. An epidemic, as a disaster has been known
and recognized throughout the world with which most
of the countries are infected time and again. As
noticed above, Plan-2019 is complemented by several
plans, Standard Operating Procedures (SOPs), Manuals,
Guidelines at all levels of the Government.
41 | <para>
35. National Plan and guidelines as contemplated by
the statute for Disaster Management is by its very
nature prior to the occurrence of any disaster and as
40
a measure of preparedness. It is not conceivable that
a National Plan would be framed after the disaster
has occurred. A National Plan encompasses and
contemplate all kinds of disasters.
</para>
<para>
36.
As noticed above, Biological and Public Health
Emergencies has already been contemplated in the
National Plan, 2019, which as noticed in table 1-1
under paragraph 1.13.1 specifically includes
epidemics: Viral, Bacterial, Parasitic, Fungal and
prion infections. Novel Coronavirus is an epidemic
which has become a pandemic. Epidemics of different
nature and extent have taken place in this country as
well as other countries of the world. A pandemic is
an epidemic, i.e., spread over multiple countries/
continents. An epidemic, as a disaster has been known
and recognized throughout the world with which most
of the countries are infected time and again. As
noticed above, Plan-2019 is complemented by several
plans, Standard Operating Procedures (SOPs), Manuals,
Guidelines at all levels of the Government.
41
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
37.
The National Disaster Management Authority,
Government of India, had issued National Disaster
Management Guidelines in July, 2008 on subject
“Management of Biological Disasters”. The guideline
specifically notices that “Biological Disasters”
might be caused by epidemics, the guidelines states:-
“Biological disasters might be caused by
epidemics, accidental release of virulent
microorganism(s) or Bioterrorism (BT) with
the use of biological agents such as
anthrax, smallpox, etc. The existence of
infectious diseases has been known among
human communities and civilisations since
the dawn of the history. The Classical
literature of nearly all civilisations
record the ability of major infections to
decimate populations, thwart military
campaigns and unsettle nations. Social
upheavals caused by epidemics have
contributed in shaping history over the
ages...”
38. Thus, the National Disaster Management Authority
was well aware of the epidemics and had issued
42
guidelines in the year 2008 itself which has been
further detailed in Plan-2019. All aspects of the
epidemics, all measures to contain an epidemic,
preparedness, response, mitigation have been
elaborately dealt in Plan, 2019. Unless the National
Plan as contemplated under Section 11 contains all
aspects of disaster including the Biological and
Public Health Emergencies, it will not be possible
for the Governments to immediately respond and
contain an epidemic. | <para>
37.
The National Disaster Management Authority,
Government of India, had issued National Disaster
Management Guidelines in July, 2008 on subject
“Management of Biological Disasters”. The guideline
specifically notices that “Biological Disasters”
might be caused by epidemics, the guidelines states:-
“Biological disasters might be caused by
epidemics, accidental release of virulent
microorganism(s) or Bioterrorism (BT) with
the use of biological agents such as
anthrax, smallpox, etc. The existence of
infectious diseases has been known among
human communities and civilisations since
the dawn of the history. The Classical
literature of nearly all civilisations
record the ability of major infections to
decimate populations, thwart military
campaigns and unsettle nations. Social
upheavals caused by epidemics have
contributed in shaping history over the
ages...”
</para>
<para>
38. Thus, the National Disaster Management Authority
was well aware of the epidemics and had issued
42
guidelines in the year 2008 itself which has been
further detailed in Plan-2019. All aspects of the
epidemics, all measures to contain an epidemic,
preparedness, response, mitigation have been
elaborately dealt in Plan, 2019. Unless the National
Plan as contemplated under Section 11 contains all
aspects of disaster including the Biological and
Public Health Emergencies, it will not be possible
for the Governments to immediately respond and
contain an epidemic.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
39. The Disaster Management Act, 2005 contain ample
powers and measures, which can be taken by the
National Disaster Management Authority, National
Executive Committee and Central Government to prepare
further plans, guidelines and Standard Operating
Procedure (SOPs), which in respect to COVID-19 have
been done from time to time. Containment Plan for
Novel Coronavirus, 2019 has been issued by Ministry
of Health and Family Welfare, Government of India,
43
copy of which updated up to 16.05.2020 has been
brought on record as Annexure-R4. There are no lack
of guidelines, SOPs and Plan to contain COVID-19, by
Nodal Ministry and Annexure R-6 has been brought on
record issued by Ministry of Health and Family
Welfare, Government of India, i.e., Updated
Containment Plan for Large Outbreaks Novel
Coronavirus Disease, 2019 (COVID-19).
40. National Executive Committee as well as Nodal
Ministry has issued guidelines and orders from time
to time to regulate all measures to contain COVID-19.
The petitioners are not right in their submissions
that there is no sufficient plan to deal with COVID-
19 pandemic. COVID-19 being a Biological and Public
Health Emergency, which has been specifically covered
by National Plan, 2019, which is supplemented by
various plans, guidelines and measures, there is no
lack or dearth of plans and procedures to deal with
COVID-19.
44 | <para>
39. The Disaster Management Act, 2005 contain ample
powers and measures, which can be taken by the
National Disaster Management Authority, National
Executive Committee and Central Government to prepare
further plans, guidelines and Standard Operating
Procedure (SOPs), which in respect to COVID-19 have
been done from time to time. Containment Plan for
Novel Coronavirus, 2019 has been issued by Ministry
of Health and Family Welfare, Government of India,
43
copy of which updated up to 16.05.2020 has been
brought on record as Annexure-R4. There are no lack
of guidelines, SOPs and Plan to contain COVID-19, by
Nodal Ministry and Annexure R-6 has been brought on
record issued by Ministry of Health and Family
Welfare, Government of India, i.e., Updated
Containment Plan for Large Outbreaks Novel
Coronavirus Disease, 2019 (COVID-19).
</para>
<para>
40. National Executive Committee as well as Nodal
Ministry has issued guidelines and orders from time
to time to regulate all measures to contain COVID-19.
The petitioners are not right in their submissions
that there is no sufficient plan to deal with COVID-
19 pandemic. COVID-19 being a Biological and Public
Health Emergency, which has been specifically covered
by National Plan, 2019, which is supplemented by
various plans, guidelines and measures, there is no
lack or dearth of plans and procedures to deal with
COVID-19.
44
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
41. We may also notice that this Court in <cite>Gaurav
Kumar Bansal Vs. Union of India and Others, (2017) 6
SCC 730</cite>, has noticed that National Plan under Section
11 has already been approved by National Disaster
Management Authority. In paragraph 7 of the judgment,
following was laid down: -
“7. It was further pointed out that a
National plan has been approved and placed
on the website of NDMA in terms of Section
11 of the Act and the guidelines for
minimum standards of relief under Section
12 of the Act have also been placed on the
website of NDMA.”
42. In view of above discussion, we do not find any
merit in the claim of the petitioner that Union of
India be directed to prepare a National Plan under
Section 11 for COVID-19. National Plan, 2019 have
already been there in place supplemented by various
orders and measures taken by competent authorities
under Disaster Management Act, 2005, there is no
occasion or need to issue any direction to Union of
45
India to prepare a fresh National Plan for COVID-19.
We, thus, hold that Union of India is not obliged to
prepare, notify and implement a fresh National
Disaster Management Plan for COVID-19.
QUESTION NO.II
II) Whether the Union of India was obliged to lay
down the minimum standards of relief under
Section 12 of Act, 2005, for COVID-19
irrespective of earlier guidelines issued under
Section 12 of the Act laying down the minimum
standards of relief? | <para>
41. We may also notice that this Court in <cite>Gaurav
Kumar Bansal Vs. Union of India and Others, (2017) 6
SCC 730</cite>, has noticed that National Plan under Section
11 has already been approved by National Disaster
Management Authority. In paragraph 7 of the judgment,
following was laid down: -
“7. It was further pointed out that a
National plan has been approved and placed
on the website of NDMA in terms of Section
11 of the Act and the guidelines for
minimum standards of relief under Section
12 of the Act have also been placed on the
website of NDMA.”
</para>
<para>
42. In view of above discussion, we do not find any
merit in the claim of the petitioner that Union of
India be directed to prepare a National Plan under
Section 11 for COVID-19. National Plan, 2019 have
already been there in place supplemented by various
orders and measures taken by competent authorities
under Disaster Management Act, 2005, there is no
occasion or need to issue any direction to Union of
45
India to prepare a fresh National Plan for COVID-19.
We, thus, hold that Union of India is not obliged to
prepare, notify and implement a fresh National
Disaster Management Plan for COVID-19.
QUESTION NO.II
II) Whether the Union of India was obliged to lay
down the minimum standards of relief under
Section 12 of Act, 2005, for COVID-19
irrespective of earlier guidelines issued under
Section 12 of the Act laying down the minimum
standards of relief?
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
43. Section 12 of the Act, deals with guidelines for
Minimum Standards of Relief. Section 12 is as
follows:-
“12. Guidelines for minimum standards of
relief. —The National Authority shall
recommend guidelines for the minimum
standards of relief to be provided to
persons affected by disaster, which shall
include, —
(i)
the minimum requirements to
be provided in the relief
camps in relation to
shelter, food, drinking
water, medical cover and
sanitation;
46
(ii)
the special provisions to
be made for widows and
orphans;
(iii) ex gratia assistance on
account of loss of life as
also assistance on account
of damage to houses and for
restoration of means of
livelihood;
(iv)
such other relief as may be
necessary.”
44. The petitioner’s case as noticed above is that
the Centre should come up with detailed guidelines
under Section 12(ii) and (iii) of Disaster Management
Act, 2005, recommending special provisions to be made
for widows and orphans and ex-gratia assistance to be
provided to the kith and kin of those losing life
because of COVID-19 infections but also as a result
of harsh lockdown restrictions. It is submitted that
there are no guidelines providing for minimum
standards for COVID-19. The above claim of the
petitioner is refuted by the respondents. The
respondents have brought on record the guidelines of
minimum standards of relief under Section 12 as
47
existing prior to COVID-19, which has been filed as
Annexure-R7 to the counter affidavit. The guidelines
filed as Annexure-R7 deals with
(i)
definition of Relief and Rehabilitation
Camp,
(ii) Minimum standards in respect of Shelter in
relief camps,
(iii) Minimum Standards in respect of Food in
relief camps,
(iv) Minimum Standards in respect of Water in
relief camps,
(v)
Minimum Standards in respect of Sanitation
in relief camps,
(vi)
Minimum Standards in respect of medical
cover in relief camps and
(vii) Minimum Standards of Relief for Widows and
Orphans. | <para>
43. Section 12 of the Act, deals with guidelines for
Minimum Standards of Relief. Section 12 is as
follows:-
“12. Guidelines for minimum standards of
relief. —The National Authority shall
recommend guidelines for the minimum
standards of relief to be provided to
persons affected by disaster, which shall
include, —
(i)
the minimum requirements to
be provided in the relief
camps in relation to
shelter, food, drinking
water, medical cover and
sanitation;
46
(ii)
the special provisions to
be made for widows and
orphans;
(iii) ex gratia assistance on
account of loss of life as
also assistance on account
of damage to houses and for
restoration of means of
livelihood;
(iv)
such other relief as may be
necessary.”
</para>
<para>
44. The petitioner’s case as noticed above is that
the Centre should come up with detailed guidelines
under Section 12(ii) and (iii) of Disaster Management
Act, 2005, recommending special provisions to be made
for widows and orphans and ex-gratia assistance to be
provided to the kith and kin of those losing life
because of COVID-19 infections but also as a result
of harsh lockdown restrictions. It is submitted that
there are no guidelines providing for minimum
standards for COVID-19. The above claim of the
petitioner is refuted by the respondents. The
respondents have brought on record the guidelines of
minimum standards of relief under Section 12 as
47
existing prior to COVID-19, which has been filed as
Annexure-R7 to the counter affidavit. The guidelines
filed as Annexure-R7 deals with
(i)
definition of Relief and Rehabilitation
Camp,
(ii) Minimum standards in respect of Shelter in
relief camps,
(iii) Minimum Standards in respect of Food in
relief camps,
(iv) Minimum Standards in respect of Water in
relief camps,
(v)
Minimum Standards in respect of Sanitation
in relief camps,
(vi)
Minimum Standards in respect of medical
cover in relief camps and
(vii) Minimum Standards of Relief for Widows and
Orphans.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
45. The guidelines brought on record under Annexure-
R7, which were in existence since before declaration
48
of COVID-19 pandemic, covers all statutory
requirement as enumerated in Section 12. Section 12
contemplates minimum standards of relief to be
provided to persons affected by disaster. The word
‘disaster’ mentioned in Section 12 encompasses all
the disasters including the present disaster. Section
12 does not contemplate that there shall be different
guidelines for minimum standards of relief for
different disasters.
46. The uniform guidelines are contemplated so that
persons affected by disaster are provided with
minimum requirement in the relief camps in respect of
shelter, food, drinking water, medical cover and
sanitation and other reliefs as contemplated in the
section. There being already guidelines for minimum
standards in place even before COVID-19, the said
guidelines for minimum standards holds good even for
those who are affected by COVID-19. Section 12 does
not contemplate that afresh guidelines for the
49
minimum standards of relief be issued with regard to
COVID-19. The prayer of the petitioner to direct the
Union of India to issue fresh guidelines under
Section 12 to be provided to persons infected with
COVID-19 is misconceived. | <para>
45. The guidelines brought on record under Annexure-
R7, which were in existence since before declaration
48
of COVID-19 pandemic, covers all statutory
requirement as enumerated in Section 12. Section 12
contemplates minimum standards of relief to be
provided to persons affected by disaster. The word
‘disaster’ mentioned in Section 12 encompasses all
the disasters including the present disaster. Section
12 does not contemplate that there shall be different
guidelines for minimum standards of relief for
different disasters.
</para>
<para>
46. The uniform guidelines are contemplated so that
persons affected by disaster are provided with
minimum requirement in the relief camps in respect of
shelter, food, drinking water, medical cover and
sanitation and other reliefs as contemplated in the
section. There being already guidelines for minimum
standards in place even before COVID-19, the said
guidelines for minimum standards holds good even for
those who are affected by COVID-19. Section 12 does
not contemplate that afresh guidelines for the
49
minimum standards of relief be issued with regard to
COVID-19. The prayer of the petitioner to direct the
Union of India to issue fresh guidelines under
Section 12 to be provided to persons infected with
COVID-19 is misconceived.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
47. The Government of India vide order dated
14.03.2020 has decided to treat COVID-19, the
pandemic, as a notified disaster for the purpose of
providing assistance under State Disaster Response
Fund, norms of assistance for ex-gratia payment to
families of deceased persons, norms of assistance for
COVID-19 positive persons requiring hospitalization
and some other assistance to be provided from State
Disaster Response Fund have been notified by the
Government of India.
48. In view of the foregoing discussions, we hold
that Union of India is not obliged to lay down
minimum standards of relief under Section 12 of the
50
Act, 2005 for COVID-19 and the guidelines issued
under Section 12 providing for minimum standards of
relief holds good for pandemic COVID-19 also.
QUESTION NOS. 3, 4 AND 5
III) Whether Union of India is obliged to utilise
National Disaster Response Fund created under
Section 46 of the Act for the purpose of
providing assistance in the fight of COVID-19?
IV)
V)
Whether all the contributions/grants from
individuals and institutions should be
credited to the NDRF in terms of Section 46(1)
(b) of the Act rather than PM CARES Fund?
Whether all the funds collected in the PM
CARES Fund till date be directed to be
transferred to the NDRF? | <para>
47. The Government of India vide order dated
14.03.2020 has decided to treat COVID-19, the
pandemic, as a notified disaster for the purpose of
providing assistance under State Disaster Response
Fund, norms of assistance for ex-gratia payment to
families of deceased persons, norms of assistance for
COVID-19 positive persons requiring hospitalization
and some other assistance to be provided from State
Disaster Response Fund have been notified by the
Government of India.
</para>
<para>
48. In view of the foregoing discussions, we hold
that Union of India is not obliged to lay down
minimum standards of relief under Section 12 of the
50
Act, 2005 for COVID-19 and the guidelines issued
under Section 12 providing for minimum standards of
relief holds good for pandemic COVID-19 also.
QUESTION NOS. 3, 4 AND 5
III) Whether Union of India is obliged to utilise
National Disaster Response Fund created under
Section 46 of the Act for the purpose of
providing assistance in the fight of COVID-19?
IV)
V)
Whether all the contributions/grants from
individuals and institutions should be
credited to the NDRF in terms of Section 46(1)
(b) of the Act rather than PM CARES Fund?
Whether all the funds collected in the PM
CARES Fund till date be directed to be
transferred to the NDRF?
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
49. All the three questions being inter-related are
taken together. The submissions of the petitioner
centre around National Disaster Response Fund (NDRF)
and PM CARES Fund. We need to notice the nature and
character of these funds for appreciating the
submissions made by the learned counsel for the
parties. Chapter IX of the Disaster Management Act,
2005 deals with Finance, Accounts and Audit. Section
46 provides for National Disaster Response Fund.
Section 46 reads:
51
“46. National Disaster Response Fund.—(1)
The Central Government may, by
notification in the Official Gazette,
constitute a fund to be called the
National Disaster Response Fund for
meeting any threatening disaster situation
or disaster and there shall be credited
thereto—
(a) an amount which the Central
Government may, after due
appropriation
by
Parliament by law in this
behalf provide;
made
(b) any grants that may be made by
any person or institution for
the purpose of disaster
management.
(2) The National Disaster Response
Fund shall be made available to the
National Executive Committee to be applied
towards meeting the expenses for emergency
response, relief and rehabilitation in
accordance with the guidelines laid down
by the Central Government in consultation
with the National Authority.”
50. The Central Government by notification dated
27.09.2010 which was published in Gazette
Extraordinary on 28.09.2010 issued under sub-Section
(1) of Section 46 of Act, 2005 constituted “National
Disaster Response Fund”. The notification dated
27.09.2010 reads:
52
“MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi, the 27th September, 2010
s.O.2346(E).- In exercise of the
powers conferred by sub-section (1) of
Section 46 of the Disaster Management Act,
2005 (53 of 2005), the Central Government
hereby constitutes the National Disaster
Response Fund (hereinafter NDRF) for
meeting any threatening disaster situation
or disaster.
[F.No.32-3/2010-NDM-I]
R.K.SRIVASTAVA, Jr. Secy.” | <para>
49. All the three questions being inter-related are
taken together. The submissions of the petitioner
centre around National Disaster Response Fund (NDRF)
and PM CARES Fund. We need to notice the nature and
character of these funds for appreciating the
submissions made by the learned counsel for the
parties. Chapter IX of the Disaster Management Act,
2005 deals with Finance, Accounts and Audit. Section
46 provides for National Disaster Response Fund.
Section 46 reads:
51
“46. National Disaster Response Fund.—(1)
The Central Government may, by
notification in the Official Gazette,
constitute a fund to be called the
National Disaster Response Fund for
meeting any threatening disaster situation
or disaster and there shall be credited
thereto—
(a) an amount which the Central
Government may, after due
appropriation
by
Parliament by law in this
behalf provide;
made
(b) any grants that may be made by
any person or institution for
the purpose of disaster
management.
(2) The National Disaster Response
Fund shall be made available to the
National Executive Committee to be applied
towards meeting the expenses for emergency
response, relief and rehabilitation in
accordance with the guidelines laid down
by the Central Government in consultation
with the National Authority.”
</para>
<para>
50. The Central Government by notification dated
27.09.2010 which was published in Gazette
Extraordinary on 28.09.2010 issued under sub-Section
(1) of Section 46 of Act, 2005 constituted “National
Disaster Response Fund”. The notification dated
27.09.2010 reads:
52
“MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi, the 27th September, 2010
s.O.2346(E).- In exercise of the
powers conferred by sub-section (1) of
Section 46 of the Disaster Management Act,
2005 (53 of 2005), the Central Government
hereby constitutes the National Disaster
Response Fund (hereinafter NDRF) for
meeting any threatening disaster situation
or disaster.
[F.No.32-3/2010-NDM-I]
R.K.SRIVASTAVA, Jr. Secy.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
51.
Ministry of Home Affairs (Disaster Management
Division) has issued guidelines on Constitution and
Administration of the National Disaster Response Fund
(NDRF). Section 46(1) as noted above contemplates
crediting of two kind of amounts, i.e., (a) an amount
which the Central Government may, after due
appropriation made by Parliament by law in this
53
behalf provide; and (b)any grants that may be made by
any person or institution for the purpose of disaster
management.
52. The guidelines for constitution and
administration of NDRF have been brought on record by
the petitioner at page 129 of the writ petition. The
guidelines came into force with effect from financial
year 2010-11. Paragraph 3.1 enumerated the calamities
covered under NDRF. Paragraph 3.1 is as follows:
“3.1 Natural calamities of cyclone,
drought, earthquake, fire, flood, tsunami,
hailstorm, landslide, avalanche, cloud
burst and pest attack considered to be of
severe nature by Government of India and
requiring expenditure by a State
Government in excess of the balances
available in its own State Disaster
Response Fund (SDRF), will qualify for
immediate relief assistance from NDRF.” | <para>
51.
Ministry of Home Affairs (Disaster Management
Division) has issued guidelines on Constitution and
Administration of the National Disaster Response Fund
(NDRF). Section 46(1) as noted above contemplates
crediting of two kind of amounts, i.e., (a) an amount
which the Central Government may, after due
appropriation made by Parliament by law in this
53
behalf provide; and (b)any grants that may be made by
any person or institution for the purpose of disaster
management.
</para>
<para>
52. The guidelines for constitution and
administration of NDRF have been brought on record by
the petitioner at page 129 of the writ petition. The
guidelines came into force with effect from financial
year 2010-11. Paragraph 3.1 enumerated the calamities
covered under NDRF. Paragraph 3.1 is as follows:
“3.1 Natural calamities of cyclone,
drought, earthquake, fire, flood, tsunami,
hailstorm, landslide, avalanche, cloud
burst and pest attack considered to be of
severe nature by Government of India and
requiring expenditure by a State
Government in excess of the balances
available in its own State Disaster
Response Fund (SDRF), will qualify for
immediate relief assistance from NDRF.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
53. Paragraph 5 of the guidelines deals with
contribution to the NDRF. Paragraphs 5.1 to 5.5 are
as follows:
“5.1 The closing balance of the NCCF at
the end of financial year 2009-10 shall be
54
the opening balance of the NDRF in the
year 2010-11.
5.2 Funds will be credited into the NDRF
in accordance with the provisions of the
Disaster Management Act, 2005.
5.3 The budget provision for transferring
funds to the NDRF as mentioned in para 5.2
above shall be made in the Demand for
grants no. 35- “Transfers to State and UT
Governments” (under non-plan provision).
Releases to State Governments will be made
by the Ministry of Finance from this
provision.
5.4 During the years 2010-15 transfers to
the NDRF established in the Public Account
of India will be made by operating the
following heads of account: Major Head
“2245-Relief on account of Natural
Calamities – 80- General-797-Transfers to
Reserve Funds and Deposit Account’-
Transfer to National Disaster Response
Fund.
5.5 Contributions made by any person or
institution for the purpose of disaster
management will also be credited to the
NDRF.
such
contributions will be prescribed in due
course.”
Modalities
covering
54. Paragraph 7.1 of the guidelines deals with
assessment of relief assistance from the NDRF.
Paragraph 7.1 is as follows:
55
“7.1 Upon a request made by a State not
having adequate balance in its State
Disaster Response Fund (SDRF), Ministry of
Home Affairs or the Ministry of
Agriculture, as the case may be, will
assess whether a case for additional
assistance from NDRF is made out under
these guidelines and the approved items
and norms of assistance under NDRF/SDRF.
The following procedure will be adopted
for making such assessment:
(i)
(ii)
The memorandum of the State
Government will be examined to
assess the likely requirement
of funds as per items and
norms of expenditure under
SDRF/NDRF. If the preliminary
examination reveals that there
are adequate funds in SDRF
with the State for providing
relief as per norms, the State
would be advised accordingly.
If the preliminary examination
reveals that the State is in
need of assistance, a Central
Team will be deputed for
making an on the spot
assessment.
56
(iii) The report of the Central Team
shall be examined by the
National Executive Committee
(NEC) constituted under
section 8 of the DM Act, 2005.
The NEC will assess the extent
of assistance and expenditure
which can be funded from the
NDRF, as per the norms of
NDRF/SDRF,
make
recommendations.
and
(iv)
Based on the recommendations
of NEC, a High Level Committee
(HLC) will approve the quantum
of immediate relief to be
released from NDRF.” | <para>
53. Paragraph 5 of the guidelines deals with
contribution to the NDRF. Paragraphs 5.1 to 5.5 are
as follows:
“5.1 The closing balance of the NCCF at
the end of financial year 2009-10 shall be
54
the opening balance of the NDRF in the
year 2010-11.
5.2 Funds will be credited into the NDRF
in accordance with the provisions of the
Disaster Management Act, 2005.
5.3 The budget provision for transferring
funds to the NDRF as mentioned in para 5.2
above shall be made in the Demand for
grants no. 35- “Transfers to State and UT
Governments” (under non-plan provision).
Releases to State Governments will be made
by the Ministry of Finance from this
provision.
5.4 During the years 2010-15 transfers to
the NDRF established in the Public Account
of India will be made by operating the
following heads of account: Major Head
“2245-Relief on account of Natural
Calamities – 80- General-797-Transfers to
Reserve Funds and Deposit Account’-
Transfer to National Disaster Response
Fund.
5.5 Contributions made by any person or
institution for the purpose of disaster
management will also be credited to the
NDRF.
such
contributions will be prescribed in due
course.”
Modalities
covering
</para>
<para>
54. Paragraph 7.1 of the guidelines deals with
assessment of relief assistance from the NDRF.
Paragraph 7.1 is as follows:
55
“7.1 Upon a request made by a State not
having adequate balance in its State
Disaster Response Fund (SDRF), Ministry of
Home Affairs or the Ministry of
Agriculture, as the case may be, will
assess whether a case for additional
assistance from NDRF is made out under
these guidelines and the approved items
and norms of assistance under NDRF/SDRF.
The following procedure will be adopted
for making such assessment:
(i)
(ii)
The memorandum of the State
Government will be examined to
assess the likely requirement
of funds as per items and
norms of expenditure under
SDRF/NDRF. If the preliminary
examination reveals that there
are adequate funds in SDRF
with the State for providing
relief as per norms, the State
would be advised accordingly.
If the preliminary examination
reveals that the State is in
need of assistance, a Central
Team will be deputed for
making an on the spot
assessment.
56
(iii) The report of the Central Team
shall be examined by the
National Executive Committee
(NEC) constituted under
section 8 of the DM Act, 2005.
The NEC will assess the extent
of assistance and expenditure
which can be funded from the
NDRF, as per the norms of
NDRF/SDRF,
make
recommendations.
and
(iv)
Based on the recommendations
of NEC, a High Level Committee
(HLC) will approve the quantum
of immediate relief to be
released from NDRF.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
55. The guidelines for administration of the NDRF
have been revised with effect from financial year
2015-16 which have been brought on record at page 154
of the writ petition. Paragraph 3.1 of the guidelines
is same as under guidelines for the financial year
2010-11. Paragraph 4.1 provides:
“4.1 The NDRF will be operated by the
Government of India for the purpose of
providing immediate relief to people
affected by the above mentioned calamities
which are assessed as being of ‘severe
nature’, following the procedure described
in para 7 of these guidelines. NDRF is
classified in the Public Account in the
57
sub-section (b) 'Reserve Funds not bearing
Interest' of the Government of India under
the major head 8235- ‘General and other
Reserve Funds' – 119- National Disaster
Response Fund”.
56. Paragraph 5 deals with contribution to the NDRF
and there are some changes in the guidelines in
paragraph 5. Paragraphs 5.1 to 5.4 of the new
guidelines are as follows:
“5.1 The closing balance of the NDRF at
the end of financial year 2014-15
shall be the opening balance of the
NDRF in the year 2015-16.
5.2 Funds will be credited into the NDRF
in accordance with the provisions of
the section 46 (a) & (b) of Disaster
Management Act, 2005.
5.3 The budget provision for transferring
funds to the NDRF as mentioned in para
5.2 above shall be made in the Demand
for grants no. 35- “Transfers to State
and UT Governments” (under non-plan
provision). Releases to State
Governments will be made by the
Ministry of Finance from this
provision.
58
5.4 During the years 2015-20 transfers to
the NDRF established in the Public
Account of India will be made by
operating the following heads of
account: Major Head “2245-Relief on
account of Natural Calamities – 80-
General-797-Transfers to Reserve Funds
and Deposit Account’-Transfer to
National Disaster Response Fund.” | <para>
55. The guidelines for administration of the NDRF
have been revised with effect from financial year
2015-16 which have been brought on record at page 154
of the writ petition. Paragraph 3.1 of the guidelines
is same as under guidelines for the financial year
2010-11. Paragraph 4.1 provides:
“4.1 The NDRF will be operated by the
Government of India for the purpose of
providing immediate relief to people
affected by the above mentioned calamities
which are assessed as being of ‘severe
nature’, following the procedure described
in para 7 of these guidelines. NDRF is
classified in the Public Account in the
57
sub-section (b) 'Reserve Funds not bearing
Interest' of the Government of India under
the major head 8235- ‘General and other
Reserve Funds' – 119- National Disaster
Response Fund”.
</para>
<para>
56. Paragraph 5 deals with contribution to the NDRF
and there are some changes in the guidelines in
paragraph 5. Paragraphs 5.1 to 5.4 of the new
guidelines are as follows:
“5.1 The closing balance of the NDRF at
the end of financial year 2014-15
shall be the opening balance of the
NDRF in the year 2015-16.
5.2 Funds will be credited into the NDRF
in accordance with the provisions of
the section 46 (a) & (b) of Disaster
Management Act, 2005.
5.3 The budget provision for transferring
funds to the NDRF as mentioned in para
5.2 above shall be made in the Demand
for grants no. 35- “Transfers to State
and UT Governments” (under non-plan
provision). Releases to State
Governments will be made by the
Ministry of Finance from this
provision.
58
5.4 During the years 2015-20 transfers to
the NDRF established in the Public
Account of India will be made by
operating the following heads of
account: Major Head “2245-Relief on
account of Natural Calamities – 80-
General-797-Transfers to Reserve Funds
and Deposit Account’-Transfer to
National Disaster Response Fund.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
57.
The above is the scheme. As per paragraph 10 of
the new guidelines, expenditure from NDRF is meant to
assist a State to provide immediate relief in those
cases of severe calamity, where the expenditure
required is in excess of the balance in the State’s
SDRF. The NDRF is a statutory fund required to be
audited by the Comptroller & Auditor General of
India, which was constituted under Act, 2005 and is
still in existence for the purposes as enumerated in
the statute as well as in the guidelines issued under
Act, 2005.
58. We may now notice the PM CARES Fund. Petitioner
has brought on record certain details of PM CARES
Fund as Annexure-P13. The details about the PM CARES
Fund as brought on record as Annexure-P13 of the writ
petition are as follows:
59
“Keeping in mind the need for having a
dedicated national fund with the primary
objective of dealing with any kind of
emergency or distress situation, like
posed by the COVID-19 pandemic, and to
provide relief to the affected, a public
charitable trust under the name of ‘Prime
Minister’s Citizen Assistance and Relief
in Emergency Situations Fund’ (PM CARES
Fund)’ has been set up.
Click here to Donate Online.
Objectives :
• To undertake and support relief or
assistance of any kind relating to a
public health emergency or any other kind
of emergency, calamity or distress, either
man-made or natural, including the
creation or upgradation of healthcare or
pharmaceutical facilities, other necessary
infrastructure, funding relevant research
or any other type of support.
• To render financial assistance, provide
grants of payments of money or take such
other steps as may be deemed necessary by
the Board of Trustees to the affected
population.
• To undertake any other activity, which
is not inconsistent with the above
Objects.
60
Constitution of the Trust :
• Prime Minister is the ex-officio
Chairman of the PM CARES Fund and Minister
of Defence, Minister of Home Affairs and
Minister of Finance, Government of India
are ex-officio Trustees of the Fund.
• The Chairperson of the Board of Trustees
(Prime Minister) shall have the power to
nominate three trustees to the Board of
Trustees who shall be eminent persons in
the field of research, health, science,
social work, law, public administration
and philanthropy.
• Any person appointed a Trustee shall act
in a pro bono capacity.
Other details :
from
• The fund consists entirely of voluntary
contributions
individuals/
organizations and does not get any
budgetary support. The fund will be
utilised in meeting the objectives as
stated above.
• Donations to PM CARES Fund would qualify
for 80G benefits for 100% exemption under
the Income Tax Act, 1961. Donations to PM
CARES Fund will also qualify to be counted
as Corporate Social Responsibility (CSR)
expenditure under the Companies Act, 2013
• PM CARES Fund has also got exemption
under the FCRA and a separate account for
receiving foreign donations has been
opened. This enables PM CARES Fund to
61
accept donations and contributions from
individuals and organizations based in
foreign countries. This is consistent with
respect to Prime Minister’s National
Relief Fund (PMNRF). PMNRF has also
received foreign contributions as a public
trust since 2011.
CLICK HERE TO DONATE ONLINE” | <para>
57.
The above is the scheme. As per paragraph 10 of
the new guidelines, expenditure from NDRF is meant to
assist a State to provide immediate relief in those
cases of severe calamity, where the expenditure
required is in excess of the balance in the State’s
SDRF. The NDRF is a statutory fund required to be
audited by the Comptroller & Auditor General of
India, which was constituted under Act, 2005 and is
still in existence for the purposes as enumerated in
the statute as well as in the guidelines issued under
Act, 2005.
</para>
<para>
58. We may now notice the PM CARES Fund. Petitioner
has brought on record certain details of PM CARES
Fund as Annexure-P13. The details about the PM CARES
Fund as brought on record as Annexure-P13 of the writ
petition are as follows:
59
“Keeping in mind the need for having a
dedicated national fund with the primary
objective of dealing with any kind of
emergency or distress situation, like
posed by the COVID-19 pandemic, and to
provide relief to the affected, a public
charitable trust under the name of ‘Prime
Minister’s Citizen Assistance and Relief
in Emergency Situations Fund’ (PM CARES
Fund)’ has been set up.
Click here to Donate Online.
Objectives :
• To undertake and support relief or
assistance of any kind relating to a
public health emergency or any other kind
of emergency, calamity or distress, either
man-made or natural, including the
creation or upgradation of healthcare or
pharmaceutical facilities, other necessary
infrastructure, funding relevant research
or any other type of support.
• To render financial assistance, provide
grants of payments of money or take such
other steps as may be deemed necessary by
the Board of Trustees to the affected
population.
• To undertake any other activity, which
is not inconsistent with the above
Objects.
60
Constitution of the Trust :
• Prime Minister is the ex-officio
Chairman of the PM CARES Fund and Minister
of Defence, Minister of Home Affairs and
Minister of Finance, Government of India
are ex-officio Trustees of the Fund.
• The Chairperson of the Board of Trustees
(Prime Minister) shall have the power to
nominate three trustees to the Board of
Trustees who shall be eminent persons in
the field of research, health, science,
social work, law, public administration
and philanthropy.
• Any person appointed a Trustee shall act
in a pro bono capacity.
Other details :
from
• The fund consists entirely of voluntary
contributions
individuals/
organizations and does not get any
budgetary support. The fund will be
utilised in meeting the objectives as
stated above.
• Donations to PM CARES Fund would qualify
for 80G benefits for 100% exemption under
the Income Tax Act, 1961. Donations to PM
CARES Fund will also qualify to be counted
as Corporate Social Responsibility (CSR)
expenditure under the Companies Act, 2013
• PM CARES Fund has also got exemption
under the FCRA and a separate account for
receiving foreign donations has been
opened. This enables PM CARES Fund to
61
accept donations and contributions from
individuals and organizations based in
foreign countries. This is consistent with
respect to Prime Minister’s National
Relief Fund (PMNRF). PMNRF has also
received foreign contributions as a public
trust since 2011.
CLICK HERE TO DONATE ONLINE”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
59. From the above details, it is clear that PM CARES
Fund has been constituted as a public charitable
trust. After outbreak of pandemic COVID-19, need of
having a dedicated national fund with objective of
dealing with any kind of emergency or distress
situation, like posed by the COVID-19 pandemic, and
to provide relief to the affected, a fund was created
by constituting a trust with Prime Minister as an ex-
officio Chairman of PM CARES Fund, with other ex-
officio and nominated Trustees of the Fund. The PM
CARES Fund consists entirely of voluntary
contributions from individuals/organisations and does
not get any Budgetary support. No Government money is
credited in the PM CARES Fund.
62
60. After noticing constitution of NDRF as well as PM
CARES Fund now we may notice the contentions raised
by Shri Dave. The submission of Shri Dave is that the
earlier guidelines for administration of NDRF which
came into force with effect from financial year 2010-
11 have been modified by new guidelines with effect
from financial year 2015-16, and now it is not
possible for any person or institution to make
contribution to the NDRF. Shri Dave submits that
paragraph 5.5 of earlier guidelines has been deleted
to benefit the PM CARES Fund so that all
contributions by any person or institution should go
in the PM CARES Fund. Shri Dave submits that deletion
of paragraph 5.5 of earlier guidelines (at page 130)
in the new guidelines (at page 154-155) makes it
clear that now it is not possible for any person or
institution to make any contribution to NDRF.
61.
There are two reasons for not accepting the above
submission. Firstly, paragraph 5.5 of earlier
guidelines which contemplated contributions by any
63
person or institution for the purpose of disaster
management to the NDRF are very much still there in
the new guidelines, which have come into force with
effect from financial year 2015-16. New guidelines
contain the same heading, i.e., “Contribution to the
NDRF” and guideline 5.2 provides “Funds will be
credited into the NDRF in accordance with the
provisions of the Section 46(1)(a) & (b) of the
Disaster Management Act, 2005.” The above guideline
5.2 specifically referred to Section 46(1)(a) & (b)
and Section 46(1)(b) expressly provides that any
grants that may be made by any person or institution
for the purpose of disaster management shall be
credited into the NDRF. The submission that after the
new guidelines, it is not possible for any person or
institution to make any contribution to the NDRF is,
thus, misconceived and incorrect. According to the
statutory provisions of Section 46 as well as new
guidelines enforced with effect from financial year
64
2015-16 any person or institution can still make
contribution to the NDRF. | <para>
59. From the above details, it is clear that PM CARES
Fund has been constituted as a public charitable
trust. After outbreak of pandemic COVID-19, need of
having a dedicated national fund with objective of
dealing with any kind of emergency or distress
situation, like posed by the COVID-19 pandemic, and
to provide relief to the affected, a fund was created
by constituting a trust with Prime Minister as an ex-
officio Chairman of PM CARES Fund, with other ex-
officio and nominated Trustees of the Fund. The PM
CARES Fund consists entirely of voluntary
contributions from individuals/organisations and does
not get any Budgetary support. No Government money is
credited in the PM CARES Fund.
62
</para>
<para>
60. After noticing constitution of NDRF as well as PM
CARES Fund now we may notice the contentions raised
by Shri Dave. The submission of Shri Dave is that the
earlier guidelines for administration of NDRF which
came into force with effect from financial year 2010-
11 have been modified by new guidelines with effect
from financial year 2015-16, and now it is not
possible for any person or institution to make
contribution to the NDRF. Shri Dave submits that
paragraph 5.5 of earlier guidelines has been deleted
to benefit the PM CARES Fund so that all
contributions by any person or institution should go
in the PM CARES Fund. Shri Dave submits that deletion
of paragraph 5.5 of earlier guidelines (at page 130)
in the new guidelines (at page 154-155) makes it
clear that now it is not possible for any person or
institution to make any contribution to NDRF.
61.
There are two reasons for not accepting the above
submission. Firstly, paragraph 5.5 of earlier
guidelines which contemplated contributions by any
63
person or institution for the purpose of disaster
management to the NDRF are very much still there in
the new guidelines, which have come into force with
effect from financial year 2015-16. New guidelines
contain the same heading, i.e., “Contribution to the
NDRF” and guideline 5.2 provides “Funds will be
credited into the NDRF in accordance with the
provisions of the Section 46(1)(a) & (b) of the
Disaster Management Act, 2005.” The above guideline
5.2 specifically referred to Section 46(1)(a) & (b)
and Section 46(1)(b) expressly provides that any
grants that may be made by any person or institution
for the purpose of disaster management shall be
credited into the NDRF. The submission that after the
new guidelines, it is not possible for any person or
institution to make any contribution to the NDRF is,
thus, misconceived and incorrect. According to the
statutory provisions of Section 46 as well as new
guidelines enforced with effect from financial year
64
2015-16 any person or institution can still make
contribution to the NDRF.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
62.
Secondly, the PM CARES Fund has been constituted
in the year 2020 after outbreak of pandemic COVID-19
whereas the new guidelines came into force with
effect from 2015-16, on which date the PM CARES Fund
was not in existence, hence, the submission that new
guidelines were amended to benefit the PM CARES Fund
is wholly misconceived.
63. Another limb of submission of Shri Dave is that
although the Government of India vide its letter
dated 14.03.2020 has decided to treat COVID-19 as a
notified disaster for the purpose of providing
assistance under SDRF but no similar notification has
been issued for the purpose of providing assistance
for COVID-19 under NDRF. The notification dated
14.03.2020 has been brought on record as Annexure-P10
of the writ petition which reads as follows:
65
“No.33-4/2020-NDM-I
Government of India
Ministry of Home Affairs
(Disaster Management Division)
C-Wing, 3rd Floor, NDCC-II
Jai Singh Road, New Delhi -110001
Dated 14.03.2020
To
The Chief Secretaries
(All States)
Subject: Items and Norms of assistance
from the State Disaster Response
Fund (SDRF) in wake of COVID-19
Virus Outbreak
Sir/Madam
I am directed to refer this Ministry’s
letter No.32-7/2014 dated 8th April, 2015
on the above mentioned subject.
2.
The Central Government, keeping in
view the spread of COVID-19 virus in India
and the declaration of COVID-19 as
pandemic by the World Health Organisation
(WHO), by way of a special one time
dispensation, has decided to treat it as a
notified disaster for the purpose of
providing assistance under SDRF. A list
of items and norms of assistance for
containment of COVID-19 Virus in India
eligible from SDRF is annexed.
Yours faithfully,
66
(Sanjeev Kumar Jindal)
Joint Secretary to Government of India
Tel: 23438096
Copy to AS(UT), MHA for making similar
provisions for utilization of UT Disaster
Response Funds by the Union Territories.
CC for information: PS to HM/MOS(N)/HS” | <para>
62.
Secondly, the PM CARES Fund has been constituted
in the year 2020 after outbreak of pandemic COVID-19
whereas the new guidelines came into force with
effect from 2015-16, on which date the PM CARES Fund
was not in existence, hence, the submission that new
guidelines were amended to benefit the PM CARES Fund
is wholly misconceived.
</para>
<para>
63. Another limb of submission of Shri Dave is that
although the Government of India vide its letter
dated 14.03.2020 has decided to treat COVID-19 as a
notified disaster for the purpose of providing
assistance under SDRF but no similar notification has
been issued for the purpose of providing assistance
for COVID-19 under NDRF. The notification dated
14.03.2020 has been brought on record as Annexure-P10
of the writ petition which reads as follows:
65
“No.33-4/2020-NDM-I
Government of India
Ministry of Home Affairs
(Disaster Management Division)
C-Wing, 3rd Floor, NDCC-II
Jai Singh Road, New Delhi -110001
Dated 14.03.2020
To
The Chief Secretaries
(All States)
Subject: Items and Norms of assistance
from the State Disaster Response
Fund (SDRF) in wake of COVID-19
Virus Outbreak
Sir/Madam
I am directed to refer this Ministry’s
letter No.32-7/2014 dated 8th April, 2015
on the above mentioned subject.
2.
The Central Government, keeping in
view the spread of COVID-19 virus in India
and the declaration of COVID-19 as
pandemic by the World Health Organisation
(WHO), by way of a special one time
dispensation, has decided to treat it as a
notified disaster for the purpose of
providing assistance under SDRF. A list
of items and norms of assistance for
containment of COVID-19 Virus in India
eligible from SDRF is annexed.
Yours faithfully,
66
(Sanjeev Kumar Jindal)
Joint Secretary to Government of India
Tel: 23438096
Copy to AS(UT), MHA for making similar
provisions for utilization of UT Disaster
Response Funds by the Union Territories.
CC for information: PS to HM/MOS(N)/HS”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
64. After issuance of the above notification, the
Government of India, Ministry of Home Affairs
(Disaster Management Division) issued order of
03.04.2020 on the subject: “Advance release of
Central share from State Disaster Risk Management
Fund (SDRMF) for the year 2020-21”. By the said order
the Central Government has released first instalment
of Rs. 11,092/- crores out of Rs.22,184/- crores
which was the Central Share of SDRMF. All States
have been allocated different amounts for the purpose
of providing assistance under SDRMF. Annexure to the
said notification is at page 161, which indicates
that maximum grant allocated was to the State of
Maharashtra as Rs.1,611/- crores as first instalment
67
and minimum amount to State of Goa, i.e., Rs.6/-
crores by the Centre. The notification dated
14.03.2020 clearly permits providing the assistance
under SDRMF for COVID-19. In event, any State
expenditure is in excess of the balance in the
State’s SDRMF, the State is entitled for the release
of fund from NDRF as it is clear from new guidelines
filed at pages 154 to 158 of the writ petition. The
submission of the petitioner that NDRF cannot be used
for any assistance for COVID-19, thus, cannot be
accepted.
65. There is one more aspect of the matter which
needs to be noted. When the Centre is providing
financial assistance to the State to take measures to
contain COVID-19, as we have noticed above that by
order dated 03.04.2020 first instalment of Rs.
11,092/- crores which is the Central Share to the
SDRMF has been given and there is nothing on record
that any State has exceeded the expenditure in excess
68
of the balance in the State’s SDRMF, there is no
occasion of asking more fund by the State from NDRF.
When the Central Government is providing financial
assistance to the States to contain COVID-19 it is
not for any PIL petitioner to say that Centre should
give amount from this fund or that fund. The
financial planning is in the domain of the Central
Government, which financial planning is made after
due deliberation and consideration. We, thus, do not
find any substance in the submission of the
petitioner that there is any statutory
restriction/prohibition in utilization of NDRF for
COVID-19. More so when sub-section (2) of Section 46
specifically provides that NDRF shall be made
available to the National Executive Committee to be
applied towards meeting the expenses for emergency
response, relief and rehabilitation in accordance
with the guidelines laid down by the Central
Government, the NDRF can be used for containment of
COVID-19.
69 | <para>
64. After issuance of the above notification, the
Government of India, Ministry of Home Affairs
(Disaster Management Division) issued order of
03.04.2020 on the subject: “Advance release of
Central share from State Disaster Risk Management
Fund (SDRMF) for the year 2020-21”. By the said order
the Central Government has released first instalment
of Rs. 11,092/- crores out of Rs.22,184/- crores
which was the Central Share of SDRMF. All States
have been allocated different amounts for the purpose
of providing assistance under SDRMF. Annexure to the
said notification is at page 161, which indicates
that maximum grant allocated was to the State of
Maharashtra as Rs.1,611/- crores as first instalment
67
and minimum amount to State of Goa, i.e., Rs.6/-
crores by the Centre. The notification dated
14.03.2020 clearly permits providing the assistance
under SDRMF for COVID-19. In event, any State
expenditure is in excess of the balance in the
State’s SDRMF, the State is entitled for the release
of fund from NDRF as it is clear from new guidelines
filed at pages 154 to 158 of the writ petition. The
submission of the petitioner that NDRF cannot be used
for any assistance for COVID-19, thus, cannot be
accepted.
</para>
<para>
65. There is one more aspect of the matter which
needs to be noted. When the Centre is providing
financial assistance to the State to take measures to
contain COVID-19, as we have noticed above that by
order dated 03.04.2020 first instalment of Rs.
11,092/- crores which is the Central Share to the
SDRMF has been given and there is nothing on record
that any State has exceeded the expenditure in excess
68
of the balance in the State’s SDRMF, there is no
occasion of asking more fund by the State from NDRF.
When the Central Government is providing financial
assistance to the States to contain COVID-19 it is
not for any PIL petitioner to say that Centre should
give amount from this fund or that fund. The
financial planning is in the domain of the Central
Government, which financial planning is made after
due deliberation and consideration. We, thus, do not
find any substance in the submission of the
petitioner that there is any statutory
restriction/prohibition in utilization of NDRF for
COVID-19. More so when sub-section (2) of Section 46
specifically provides that NDRF shall be made
available to the National Executive Committee to be
applied towards meeting the expenses for emergency
response, relief and rehabilitation in accordance
with the guidelines laid down by the Central
Government, the NDRF can be used for containment of
COVID-19.
69
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
66. Further as observed above, it is for the Central
Government to take the decision as from which fund
what financial measures are to be taken and it is
neither for PIL petitioner to claim that any
financial assistance be made from particular fund nor
this Court to sit in judgment over the financial
decisions of the Central Government.
67.
The PM CARES Fund is a public charitable trust
and is not a Government fund. The charitable trusts
are public trusts. Black’s Law Dictionary, Tenth
Edition defines charitable trust in following words:
“charitable trust. A trust created to
benefit a specific charity, specific
charities, or the general public rather
than a private individual or entity.
Charitable trusts are often eligible for
favorable tax treatment.” | <para>
66. Further as observed above, it is for the Central
Government to take the decision as from which fund
what financial measures are to be taken and it is
neither for PIL petitioner to claim that any
financial assistance be made from particular fund nor
this Court to sit in judgment over the financial
decisions of the Central Government.
</para>
<para>
67.
The PM CARES Fund is a public charitable trust
and is not a Government fund. The charitable trusts
are public trusts. Black’s Law Dictionary, Tenth
Edition defines charitable trust in following words:
“charitable trust. A trust created to
benefit a specific charity, specific
charities, or the general public rather
than a private individual or entity.
Charitable trusts are often eligible for
favorable tax treatment.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
68. The mere fact that administration of the Trust is
vested in trustees, i.e., a group of people, will not
70
itself take away the public character of the Trust as
has been laid down in <cite>Mulla Gulam Ali & Safiabai D.
Trust Vs. Deelip Kumar & Co., (2003) 11 SCC 772</cite>. In
paragraph 4, this Court laid down:
“4. The mere fact that the control in
respect of the administration of the Trust
vested in a group of people will not
itself take away the public character of
the Trust……………………………..”
69. The contributions made by individuals and
institutions in the PM CARES Fund are to be released
for public purpose to fulfill the objective of the
trust. The PM CARES Fund is a charitable trust
registered under the Registration Act, 1908 at New
Delhi on 27.03.2020. The trust does not receive any
Budgetary support or any Government money. It is not
open for the petitioner to question the wisdom of
trustees to create PM CARES fund which was
constituted with an objective to extend assistance in
the wake of public health emergency that is pandemic
COVID-19.
71 | <para>
68. The mere fact that administration of the Trust is
vested in trustees, i.e., a group of people, will not
70
itself take away the public character of the Trust as
has been laid down in <cite>Mulla Gulam Ali & Safiabai D.
Trust Vs. Deelip Kumar & Co., (2003) 11 SCC 772</cite>. In
paragraph 4, this Court laid down:
“4. The mere fact that the control in
respect of the administration of the Trust
vested in a group of people will not
itself take away the public character of
the Trust……………………………..”
</para>
<para>
69. The contributions made by individuals and
institutions in the PM CARES Fund are to be released
for public purpose to fulfill the objective of the
trust. The PM CARES Fund is a charitable trust
registered under the Registration Act, 1908 at New
Delhi on 27.03.2020. The trust does not receive any
Budgetary support or any Government money. It is not
open for the petitioner to question the wisdom of
trustees to create PM CARES fund which was
constituted with an objective to extend assistance in
the wake of public health emergency that is pandemic
COVID-19.
71
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
70.
Shri Dave during submissions has fairly submitted
that he is not questioning the bona fide of
constitution of PM CARES Fund. His submission is
that NDRF is audited by CAG but PM CARES Fund is not
audited by CAG rather by a private Chartered
Accountant. The nature of NDRF and PM CARES Fund are
entirely different. The guidelines issued under Act,
2005 with regard to NDRF specifically provides for
audit of the NDRF by the Comptroller & Auditor
General of India whereas for public charitable trust
there is no occasion for audit by the Comptroller &
Auditor General of India.
71.
We may notice one more aspect with regard to
COVID-19. We have noticed above that guidelines which
were issued for constitution and administration of
NDRF and State’s SDRMF, the guidelines provided
utilization of fund for limited calamities, which did
not include any biological and public health
emergency. We have already noticed Clause 3.1 of
72
guidelines for administration of NDRF, which did not
provide for the calamities which cover the biological
and public health emergency. Thus, under the
guidelines which were in existence with effect from
financial year 2015-16 neither NDRF nor SDRF covered
the biological and public health emergencies. It was
only by notification dated 14.03.2020 that COVID-19
was treated as notified disaster for the purpose of
providing assistance under SDRF. Obviously prior to
this notification dated 14.03.2020 no contribution by
any person or institution in the NDRF could have been
made with respect to specified disaster, namely,
biological and public health emergency like COVID-19,
Outbreak of COVID-19 in India as well as other
countries of the World required immediate enhancement
in the infrastructure of medical health and creation
of fund to contain COVID-19. At this need of the hour
no exception can be taken to the constitution of a
public charitable trust, namely, PM CARES Fund to
have necessary financial resources to meet the
73
emergent situation. | <para>
70.
Shri Dave during submissions has fairly submitted
that he is not questioning the bona fide of
constitution of PM CARES Fund. His submission is
that NDRF is audited by CAG but PM CARES Fund is not
audited by CAG rather by a private Chartered
Accountant. The nature of NDRF and PM CARES Fund are
entirely different. The guidelines issued under Act,
2005 with regard to NDRF specifically provides for
audit of the NDRF by the Comptroller & Auditor
General of India whereas for public charitable trust
there is no occasion for audit by the Comptroller &
Auditor General of India.
</para>
<para>
71.
We may notice one more aspect with regard to
COVID-19. We have noticed above that guidelines which
were issued for constitution and administration of
NDRF and State’s SDRMF, the guidelines provided
utilization of fund for limited calamities, which did
not include any biological and public health
emergency. We have already noticed Clause 3.1 of
72
guidelines for administration of NDRF, which did not
provide for the calamities which cover the biological
and public health emergency. Thus, under the
guidelines which were in existence with effect from
financial year 2015-16 neither NDRF nor SDRF covered
the biological and public health emergencies. It was
only by notification dated 14.03.2020 that COVID-19
was treated as notified disaster for the purpose of
providing assistance under SDRF. Obviously prior to
this notification dated 14.03.2020 no contribution by
any person or institution in the NDRF could have been
made with respect to specified disaster, namely,
biological and public health emergency like COVID-19,
Outbreak of COVID-19 in India as well as other
countries of the World required immediate enhancement
in the infrastructure of medical health and creation
of fund to contain COVID-19. At this need of the hour
no exception can be taken to the constitution of a
public charitable trust, namely, PM CARES Fund to
have necessary financial resources to meet the
73
emergent situation.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
72.
The NDRF and PM CARES Fund are two entirely
different funds with different object and purpose. In
view of the foregoing discussions, we answer question
Nos.3, 4 and 5 in following manner:
Answer 3.
The Union of India can very well
utilize the NDRF for providing assistance in the
fight of COVID-19 pandemic by way of releasing
fund on the request of the States as per new
guidelines.
Answer 4. Any contribution, grant of any
individual or institution is not prohibited to be
credited into the NDRF and it is still open for
any person or institution to make contribution to
the NDRF in terms of Section 46(1)(b) of the Act,
2005. The contribution by any person or by any
74
institution in PM CARES Fund is voluntary and it
is open for any person or institution to make
contribution to the PM CARES Fund.
Answer 5.
The funds collected in the PM CARES
Fund are entirely different funds which are funds
of a public charitable trust and there is no
occasion for issuing any direction to transfer
the said funds to the NDRF.
73.
In view of the foregoing discussions, the prayer
‘a’ and ‘b’ made in the writ petition are refused.
With respect to prayer ‘c’, we make it clear (i) that
there is no statutory prohibition for the Union of
India utilizing the NDRF for providing assistance in
the fight of COVID-19 in accordance with the
guidelines issued for administration of NDRF; (ii)
there is no statutory prohibition in making any
contribution by any person or institution in the NDRF
as per Section 46(1)(b)of the Act, 2005.
75
74.
The prayer of the petitioner to direct all the
funds collected in the PM CARES Fund till date to be
transferred to the NDRF is refused.
75. Subject to clarification of law as made above,
the writ petition is dismissed. | <para>
72.
The NDRF and PM CARES Fund are two entirely
different funds with different object and purpose. In
view of the foregoing discussions, we answer question
Nos.3, 4 and 5 in following manner:
Answer 3.
The Union of India can very well
utilize the NDRF for providing assistance in the
fight of COVID-19 pandemic by way of releasing
fund on the request of the States as per new
guidelines.
Answer 4. Any contribution, grant of any
individual or institution is not prohibited to be
credited into the NDRF and it is still open for
any person or institution to make contribution to
the NDRF in terms of Section 46(1)(b) of the Act,
2005. The contribution by any person or by any
74
institution in PM CARES Fund is voluntary and it
is open for any person or institution to make
contribution to the PM CARES Fund.
Answer 5.
The funds collected in the PM CARES
Fund are entirely different funds which are funds
of a public charitable trust and there is no
occasion for issuing any direction to transfer
the said funds to the NDRF.
</para>
<para>
73.
In view of the foregoing discussions, the prayer
‘a’ and ‘b’ made in the writ petition are refused.
With respect to prayer ‘c’, we make it clear (i) that
there is no statutory prohibition for the Union of
India utilizing the NDRF for providing assistance in
the fight of COVID-19 in accordance with the
guidelines issued for administration of NDRF; (ii)
there is no statutory prohibition in making any
contribution by any person or institution in the NDRF
as per Section 46(1)(b)of the Act, 2005.
75
</para>
<para>
74.
The prayer of the petitioner to direct all the
funds collected in the PM CARES Fund till date to be
transferred to the NDRF is refused.
75. Subject to clarification of law as made above,
the writ petition is dismissed.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
Respondent No. 1 filed Writ Petition No. 12564 of 2006
in the High Court of Karnataka for quashing the preliminary
Notification dated 06.02.2002 issued under Section 17(3) of
the Karnataka Urban Development Authority Act, 1987
(hereinafter referred to as ‘Act’) and final declaration under
Section 19 (3) of the Act dated 27.11.2003. The said
1
Page 1
Notification pertained to acquisition of 54 acres and 39
guntas which included 2 acres and 36 guntas in Survey No.
311/A/1 in Byridevana Koppa Village, Hubli Taluk
belonging to the First Respondent. The said Writ Petition
was allowed by a judgment dated 02.04.2009 against which
Writ Appeal No. 6258 of 2009 was filed by the Appellant. A
Division Bench of the High Court dismissed the Writ Appeal
by a judgment dated 24.03.2010. Aggrieved by the said
judgment, the Appellant has approached this Court by filing
this Appeal.
2.
The First Respondent filed the Writ Petition stating
that his family owns 2 acres and 35 guntas in Survey No.
311/A/1 in Byridevana Koppa Village, Hubli Taluk in which
there were bore wells, cattle sheds, residential houses and
standing trees. It was averred in the Writ Petition that a
Notification under Section 17(3) of the Act was issued on
06.02.2002 but no notice was personally served on him. It
was also stated in the Writ Petition that a Notification under
Section 19(1) of the Act was issued on 07.10.2003 which
was published in the Karnataka Gazette on 17.11.2003. It
2
Page 2
was stated in the Writ Petition that the First Respondent
was not aware of the publication in the Gazette and that the
Notification issued under Section 17 and the declaration
issued under Section 19 of the Act were not served upon
him. He was also unaware of the award proceedings. The
First Respondent further stated in the Writ Petition that he
came to know about the preliminary Notification only in
August, 2005 when the officials of the Appellant visited the
site and informed him about the acquisition. The First
Respondent also stated in the Writ Petition that immediately
after he came to know about the acquisition proceedings he
approached the authorities and found that no layout was
prepared and finalized. The First Respondent averred in the
Writ Petition that the preliminary Notification under Section
17(3) of the Act was prepared without complying with the
provisions of Section 15(1), 16 and 17 (1) of the Act. He
further stated that due to non service of the notice, he lost
an opportunity to file his objections. On the basis of the
averments mentioned above, the First Respondent sought
for quashing of the Notification issued under Section 17(3)
3
Page 3
and the declaration issued under Section 19(3) of the Act. | <para>
Respondent No. 1 filed Writ Petition No. 12564 of 2006
in the High Court of Karnataka for quashing the preliminary
Notification dated 06.02.2002 issued under Section 17(3) of
the Karnataka Urban Development Authority Act, 1987
(hereinafter referred to as ‘Act’) and final declaration under
Section 19 (3) of the Act dated 27.11.2003. The said
1
Page 1
Notification pertained to acquisition of 54 acres and 39
guntas which included 2 acres and 36 guntas in Survey No.
311/A/1 in Byridevana Koppa Village, Hubli Taluk
belonging to the First Respondent. The said Writ Petition
was allowed by a judgment dated 02.04.2009 against which
Writ Appeal No. 6258 of 2009 was filed by the Appellant. A
Division Bench of the High Court dismissed the Writ Appeal
by a judgment dated 24.03.2010. Aggrieved by the said
judgment, the Appellant has approached this Court by filing
this Appeal.
</para>
<para>
2.
The First Respondent filed the Writ Petition stating
that his family owns 2 acres and 35 guntas in Survey No.
311/A/1 in Byridevana Koppa Village, Hubli Taluk in which
there were bore wells, cattle sheds, residential houses and
standing trees. It was averred in the Writ Petition that a
Notification under Section 17(3) of the Act was issued on
06.02.2002 but no notice was personally served on him. It
was also stated in the Writ Petition that a Notification under
Section 19(1) of the Act was issued on 07.10.2003 which
was published in the Karnataka Gazette on 17.11.2003. It
2
Page 2
was stated in the Writ Petition that the First Respondent
was not aware of the publication in the Gazette and that the
Notification issued under Section 17 and the declaration
issued under Section 19 of the Act were not served upon
him. He was also unaware of the award proceedings. The
First Respondent further stated in the Writ Petition that he
came to know about the preliminary Notification only in
August, 2005 when the officials of the Appellant visited the
site and informed him about the acquisition. The First
Respondent also stated in the Writ Petition that immediately
after he came to know about the acquisition proceedings he
approached the authorities and found that no layout was
prepared and finalized. The First Respondent averred in the
Writ Petition that the preliminary Notification under Section
17(3) of the Act was prepared without complying with the
provisions of Section 15(1), 16 and 17 (1) of the Act. He
further stated that due to non service of the notice, he lost
an opportunity to file his objections. On the basis of the
averments mentioned above, the First Respondent sought
for quashing of the Notification issued under Section 17(3)
3
Page 3
and the declaration issued under Section 19(3) of the Act.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
3.
The Appellant filed its Statement of Objections in Writ
Petition No. 12654 of 2006 in which it was stated that there
were no structures on the acquired land and possession of
the said land was taken on 02.09.2005. A Notification
under Section 16(2) of the Land Acquisition Act, 1894 was
published in the Gazette on 22.12.2006. It was also stated
that personal notice was issued to the First Respondent on
11.09.2001 but he refused to receive the notice on
13.09.2001. The said notice was also published in
Samyukta Karnataka Daily Newspaper on 26.07.2001 and
Vijaya Karnataka Daily Newspaper on 27.07.2001. It was
further averred that the First Respondent was aware of the
Notification under Section 19(1) of the Act dated 07.10.2003
which is evident from the fact that he gave an application
dated 30.01.2004 for dropping the acquisition proceedings.
The said application was rejected on 28.02.2004. According
to the Appellant, the acquisition Notification issued under
Section 17(3) and the declaration issued under Section
19(3) of the Act were issued after complying with the
4
Page 4
relevant provisions of the Act and that interference by the
High Court was unwarranted.
4.
By a judgment dated 02.04.2009, a learned Single
Judge of the Karnataka High Court allowed the Writ Petition
by holding that the objections filed by the First Respondent
were not considered before issuance of the final declaration
and that the First Respondent was in possession of the
land. The learned Single Judge recorded a finding that the
property in question is situated in a corner of the layout
and the scheme was not implemented in respect of the land
belonging to the First Respondent. | <para>
3.
The Appellant filed its Statement of Objections in Writ
Petition No. 12654 of 2006 in which it was stated that there
were no structures on the acquired land and possession of
the said land was taken on 02.09.2005. A Notification
under Section 16(2) of the Land Acquisition Act, 1894 was
published in the Gazette on 22.12.2006. It was also stated
that personal notice was issued to the First Respondent on
11.09.2001 but he refused to receive the notice on
13.09.2001. The said notice was also published in
Samyukta Karnataka Daily Newspaper on 26.07.2001 and
Vijaya Karnataka Daily Newspaper on 27.07.2001. It was
further averred that the First Respondent was aware of the
Notification under Section 19(1) of the Act dated 07.10.2003
which is evident from the fact that he gave an application
dated 30.01.2004 for dropping the acquisition proceedings.
The said application was rejected on 28.02.2004. According
to the Appellant, the acquisition Notification issued under
Section 17(3) and the declaration issued under Section
19(3) of the Act were issued after complying with the
4
Page 4
relevant provisions of the Act and that interference by the
High Court was unwarranted.
</para>
<para>
4.
By a judgment dated 02.04.2009, a learned Single
Judge of the Karnataka High Court allowed the Writ Petition
by holding that the objections filed by the First Respondent
were not considered before issuance of the final declaration
and that the First Respondent was in possession of the
land. The learned Single Judge recorded a finding that the
property in question is situated in a corner of the layout
and the scheme was not implemented in respect of the land
belonging to the First Respondent.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
5.
The Division Bench confirmed the judgment of the
learned Single Judge by holding that a perusal of the record
indicated receipt of objections which were not considered by
the Appellant. The Division Bench held that only a xerox
copy of the original Mahazar drawn at the time of taking
possession was produced in the Court. The Division Bench
rejected the submission of the Appellant that possession of
the land was taken. The Division Bench further found that
the scheme remained unimplemented in respect of the land
5
Page 5
in dispute.
6. Mr. Basavaprabhu S. Patil, learned Senior Counsel
appearing for the Appellant submitted that the findings of
the High Court are contrary to the record. He submitted
that the question of consideration of objections of the First
Respondent did not arise as the averments in the Writ
Petition are to the effect that he was not aware of the
acquisition proceedings till the middle of August, 2005 and
that he lost an opportunity of filing his objections. He took
us through the minutes of the meeting of Hubli-Dharwad
Urban Development Authority dated 06.02.2002 in which
the recommendation for acquisition of the land was
approved. The total land under acquisition for development
of a housing scheme was shown as 54 acres and 39 guntas.
An extent of 2 acres 36 guntas in Survey No. 311/A/1,
belonging to the First Respondent forms part of 54 acres
and 39 guntas. It was stated in the said minutes that the
objections submitted by the land owners/interested persons
were considered. It was clearly mentioned in the said
minutes that the objections of farmers and interested
6
Page 6
persons in respect of lands admeasuring 32 acres and 28
guntas were examined by a one man committee. The First
Respondent’s land was not part in the said land of 32 acres
and 28 guntas. He also referred to the draft award dated
31.01.2005 in which the names of 13 persons who filed
their objections were mentioned. The name of the First
Respondent was not found therein. | <para>
5.
The Division Bench confirmed the judgment of the
learned Single Judge by holding that a perusal of the record
indicated receipt of objections which were not considered by
the Appellant. The Division Bench held that only a xerox
copy of the original Mahazar drawn at the time of taking
possession was produced in the Court. The Division Bench
rejected the submission of the Appellant that possession of
the land was taken. The Division Bench further found that
the scheme remained unimplemented in respect of the land
5
Page 5
in dispute.
</para>
<para>
6. Mr. Basavaprabhu S. Patil, learned Senior Counsel
appearing for the Appellant submitted that the findings of
the High Court are contrary to the record. He submitted
that the question of consideration of objections of the First
Respondent did not arise as the averments in the Writ
Petition are to the effect that he was not aware of the
acquisition proceedings till the middle of August, 2005 and
that he lost an opportunity of filing his objections. He took
us through the minutes of the meeting of Hubli-Dharwad
Urban Development Authority dated 06.02.2002 in which
the recommendation for acquisition of the land was
approved. The total land under acquisition for development
of a housing scheme was shown as 54 acres and 39 guntas.
An extent of 2 acres 36 guntas in Survey No. 311/A/1,
belonging to the First Respondent forms part of 54 acres
and 39 guntas. It was stated in the said minutes that the
objections submitted by the land owners/interested persons
were considered. It was clearly mentioned in the said
minutes that the objections of farmers and interested
6
Page 6
persons in respect of lands admeasuring 32 acres and 28
guntas were examined by a one man committee. The First
Respondent’s land was not part in the said land of 32 acres
and 28 guntas. He also referred to the draft award dated
31.01.2005 in which the names of 13 persons who filed
their objections were mentioned. The name of the First
Respondent was not found therein.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
7. Mr. Patil submitted that the authority considered all
the objections that were filed by the landholders. The High
Court went wrong in holding that the objections filed by the
First Respondent were not considered. It was also
submitted by Mr. Patil that the Mahazar that was produced
by the Appellant before the High Court clearly showed that
possession was taken. He also submitted that the
Notification under Section 16(2) of the Land Acquisition Act,
1894 is conclusive proof of possession being taken by the
authority. According to Mr. Patil, the judgment of the High
Court suffers from apparent errors and is liable to be set
aside.
8. Mr. Balaji Srinivasan, Advocate appearing for First
7
Page 7
Respondent submitted that the High Court was right in
holding that the objections filed by the Respondent were not
considered by the authorities. He also submitted that the
landowners are in possession of the land even now.
According to him, the High Court rightly refused to consider
the xerox copy of the Mahazar produced by the Appellant to
show that possession was taken. He further submitted that
the scheme was not implemented in respect of the land in
dispute. Pursuant to the liberty given by this Court, the
First Respondent filed his written submissions in which he
stated that there is a farm house along with a cattle shed on
the land. A leave and licence agreement dated 16.12.2009
was filed along with written submissions to show that a
mobile tower is erected on the land. The Respondent further
stated in the said written submissions that the legal heirs of
the original Respondent furnished their Statement of
Objections dated 29.08.2001 to the Counsel. The said
objections did not receive any consideration by the
authorities. The Respondent is still in possession of the
land which is not integral to the housing scheme. The
8
Page 8
Respondent submits that the judgment of the High Court be
upheld. | <para>
7. Mr. Patil submitted that the authority considered all
the objections that were filed by the landholders. The High
Court went wrong in holding that the objections filed by the
First Respondent were not considered. It was also
submitted by Mr. Patil that the Mahazar that was produced
by the Appellant before the High Court clearly showed that
possession was taken. He also submitted that the
Notification under Section 16(2) of the Land Acquisition Act,
1894 is conclusive proof of possession being taken by the
authority. According to Mr. Patil, the judgment of the High
Court suffers from apparent errors and is liable to be set
aside.
</para>
<para>
8. Mr. Balaji Srinivasan, Advocate appearing for First
7
Page 7
Respondent submitted that the High Court was right in
holding that the objections filed by the Respondent were not
considered by the authorities. He also submitted that the
landowners are in possession of the land even now.
According to him, the High Court rightly refused to consider
the xerox copy of the Mahazar produced by the Appellant to
show that possession was taken. He further submitted that
the scheme was not implemented in respect of the land in
dispute. Pursuant to the liberty given by this Court, the
First Respondent filed his written submissions in which he
stated that there is a farm house along with a cattle shed on
the land. A leave and licence agreement dated 16.12.2009
was filed along with written submissions to show that a
mobile tower is erected on the land. The Respondent further
stated in the said written submissions that the legal heirs of
the original Respondent furnished their Statement of
Objections dated 29.08.2001 to the Counsel. The said
objections did not receive any consideration by the
authorities. The Respondent is still in possession of the
land which is not integral to the housing scheme. The
8
Page 8
Respondent submits that the judgment of the High Court be
upheld.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
9.
The High Court quashed the Notification dated
05.02.2002 and declaration dated 27.11.2003 for the
reasons that the objections filed by the landowners were not
considered before issuance of the final declaration, that the
possession of the land was not taken by the authorities and
that the scheme was not implemented in respect of the
property in question. The First Respondent pleaded in the
Writ Petition that he was not aware of the Notification
issued under Section 17(3) and the declaration issued
under Section 19(3) of the Act. It was further averred in
the Writ Petition that he was deprived of an opportunity of
filing objections as notice was not given to him personally.
We find force in the submission of Mr. Patil that the
question of consideration of the objections which were not
filed does not arise. In view of the findings recorded by the
High Court that a perusal of the record disclosed that
objections were filed by the Respondent and were not
considered, we summoned and examined the relevant
9
Page 9
record carefully.
The minutes of the meeting of
Hubli-Dharwad Urban Development Authority held on
06.02.2002 was filed as Annexure P-2 along with the
written submissions of
the Appellant. | <para>
9.
The High Court quashed the Notification dated
05.02.2002 and declaration dated 27.11.2003 for the
reasons that the objections filed by the landowners were not
considered before issuance of the final declaration, that the
possession of the land was not taken by the authorities and
that the scheme was not implemented in respect of the
property in question. The First Respondent pleaded in the
Writ Petition that he was not aware of the Notification
issued under Section 17(3) and the declaration issued
under Section 19(3) of the Act. It was further averred in
the Writ Petition that he was deprived of an opportunity of
filing objections as notice was not given to him personally.
We find force in the submission of Mr. Patil that the
question of consideration of the objections which were not
filed does not arise. In view of the findings recorded by the
High Court that a perusal of the record disclosed that
objections were filed by the Respondent and were not
considered, we summoned and examined the relevant
9
Page 9
record carefully.
</para>
<para>
The minutes of the meeting of
Hubli-Dharwad Urban Development Authority held on
06.02.2002 was filed as Annexure P-2 along with the
written submissions of
the Appellant.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
The
recommendations of the Chairman of the Hubli-Dharwad
Urban Development Authority for acquisition of lands of
Byridevana Koppa Village were discussed in the said
meeting. The First Respondent’s land was part of the total
extent of 54 acres and 39 guntas of land which was sought
to be acquired for the housing scheme. It was stated in the
minutes that objections filed by the landowners/interested
persons of the lands included in the Notification issued
under Section 17(3) of the Act were considered by the
Chairman of the Hubli-Dharwad Urban Development
Authority. It is clear from the said minutes that out of 19
blocks of land which were acquired, landowners of only 10
blocks filed their objections which were considered. Survey
No. 311/A/1 does not find place in the said 10 blocks. A
draft award dated 31.01.2005 was also placed on record by
the Appellant in which the names of the landholders/
10
Page 10
landowners whose lands were acquired and who filed
objections were given. The Respondent’s name does not
find place in the said list of persons who had submitted
their objections. The High Court has committed an error in
holding that the First Respondent filed his objections which
were not considered.
10. Admittedly, the land was acquired for a housing
scheme. It was submitted by the Appellant that plots have
already been allotted. The land belonging to the First
Respondent has been earmarked for civic amenities. In
view of the interim order of status quo passed by the High
Court on 13.09.2006, no development could take place on
the land. The High Court ought not to have held that the
Appellant was responsible for non-implementation of the
scheme qua the land of the Respondent. It was submitted
by the Appellant that the land is very much needed for
development of civic amenities. | <para>
The
recommendations of the Chairman of the Hubli-Dharwad
Urban Development Authority for acquisition of lands of
Byridevana Koppa Village were discussed in the said
meeting. The First Respondent’s land was part of the total
extent of 54 acres and 39 guntas of land which was sought
to be acquired for the housing scheme. It was stated in the
minutes that objections filed by the landowners/interested
persons of the lands included in the Notification issued
under Section 17(3) of the Act were considered by the
Chairman of the Hubli-Dharwad Urban Development
Authority. It is clear from the said minutes that out of 19
blocks of land which were acquired, landowners of only 10
blocks filed their objections which were considered. Survey
No. 311/A/1 does not find place in the said 10 blocks. A
draft award dated 31.01.2005 was also placed on record by
the Appellant in which the names of the landholders/
10
Page 10
landowners whose lands were acquired and who filed
objections were given. The Respondent’s name does not
find place in the said list of persons who had submitted
their objections. The High Court has committed an error in
holding that the First Respondent filed his objections which
were not considered.
</para>
<para>
10. Admittedly, the land was acquired for a housing
scheme. It was submitted by the Appellant that plots have
already been allotted. The land belonging to the First
Respondent has been earmarked for civic amenities. In
view of the interim order of status quo passed by the High
Court on 13.09.2006, no development could take place on
the land. The High Court ought not to have held that the
Appellant was responsible for non-implementation of the
scheme qua the land of the Respondent. It was submitted
by the Appellant that the land is very much needed for
development of civic amenities.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
11. A Panchnama was filed by the Appellant to show that
possession of the land was taken on 02.09.2005 in the
presence of five Panchas. A Notification under Section 16(2)
11
Page 11
of the Land Acquisition Act, 1894 was published in the
Karnataka State Gazette on 21.12.2005. It is no more res
integra that a Notification issued under Section 16 (2) of the
Land Acquisition Act, 1894 shall be evidence of the fact that
possession was taken, though not conclusive. The
prevaricating stands taken by the First Respondent about
the possession of the land does not help his cause. On
30.01.2004, the power of attorney holder of the First
Respondent submitted a representation to the Chairman of
the Hubli-Dharwad Urban Development Authority
requesting for exemption of the land from acquisition. He
stated in the said representation that he was running a
ginning factory on the said land. He also stated that he
employed 40 workmen for whose housing the land was
needed. The said representation was rejected by the
Commissioner,
Hubli-Dharwad Urban Development
Authority on 28.08.2004 by stating that the acquisition
proceedings were at a final stage and so the request cannot
be acceded to. In the written submissions filed by the
Respondent, it is stated that a farm house along with a
12
Page 12
cattle shed and a mobile tower exist on the land. Some
photographs and a lease agreement have been filed in
support of the said averments. The submission made by
the First Respondent regarding the non-consideration of his
objections is contrary to the pleading in the Writ Petition.
The First Respondent is also guilty of taking contradictory
stands in the matter of possession. We see no reason to
doubt the Panchnama evidencing taking over of possession.
In addition, the Notification under Section 16(2) of the Land
Acquisition Act, 1894 was published in the Gazette. Any
attempt made by the First Respondent to show that he is
still in possession is of no avail.
12.
In view of the above, the judgment of the High Court is
set aside and the Appeal is allowed. | <para>
11. A Panchnama was filed by the Appellant to show that
possession of the land was taken on 02.09.2005 in the
presence of five Panchas. A Notification under Section 16(2)
11
Page 11
of the Land Acquisition Act, 1894 was published in the
Karnataka State Gazette on 21.12.2005. It is no more res
integra that a Notification issued under Section 16 (2) of the
Land Acquisition Act, 1894 shall be evidence of the fact that
possession was taken, though not conclusive. The
prevaricating stands taken by the First Respondent about
the possession of the land does not help his cause. On
30.01.2004, the power of attorney holder of the First
Respondent submitted a representation to the Chairman of
the Hubli-Dharwad Urban Development Authority
requesting for exemption of the land from acquisition. He
stated in the said representation that he was running a
ginning factory on the said land. He also stated that he
employed 40 workmen for whose housing the land was
needed. The said representation was rejected by the
Commissioner,
Hubli-Dharwad Urban Development
Authority on 28.08.2004 by stating that the acquisition
proceedings were at a final stage and so the request cannot
be acceded to. In the written submissions filed by the
Respondent, it is stated that a farm house along with a
12
Page 12
cattle shed and a mobile tower exist on the land. Some
photographs and a lease agreement have been filed in
support of the said averments. The submission made by
the First Respondent regarding the non-consideration of his
objections is contrary to the pleading in the Writ Petition.
The First Respondent is also guilty of taking contradictory
stands in the matter of possession. We see no reason to
doubt the Panchnama evidencing taking over of possession.
In addition, the Notification under Section 16(2) of the Land
Acquisition Act, 1894 was published in the Gazette. Any
attempt made by the First Respondent to show that he is
still in possession is of no avail.
</para>
<para>
12.
In view of the above, the judgment of the High Court is
set aside and the Appeal is allowed.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
2.
The appellantState of Kerala is assailing the order
dated 10.07.2015 passed by the High Court of Kerala at
Ernakulam in W.A. No.369/2011 and W.A. No. 375/2011.
The said appeals had arisen out of the proceedings in Writ
Petition No.1207/2005 wherein through the order dated
17.01.2011, the petition was disposed of to the extent of
quashing the order declining value of usufructs (Ex.41). The
order (Ex.39) by which the lease in favour of Respondent
had been terminated was upheld. It is in that view, the writ
petitionerM/s. Joseph & Company as also the respondent
State of Kerala had filed the Writ Appeals to the extent they
were aggrieved. The learned Division Bench of the High
Court through the impugned order dated 10.07.2015 has
allowed the appeal filed by M/s. Joseph & Company, thereby
setting aside the order terminating the lease and the appeal
filed by State of Kerala was dismissed. It is in that light, the
appellantState of Kerala claiming to be aggrieved is before
this court.
3.
The genesis of the case is that erstwhile Travancore
Cochin Government had by a notification in the year 1953
auctioned certain abandoned portions of Beatrice estate.
One Mr. P.I. Josephresponded to the said notification and
offered his bid to an extent of 246.26 acres out of the South
Block and took possession on 10.05.1955. However, no lease
agreement was entered into between him and the
government. In the meanwhile, the said Mr. P.I. Joseph
assigned the said property in favour of Mr. K.K. Joseph.
Pursuant to such transaction dated 28.02.1974 between Mr.
P.I. Joseph and Mr. K.K. Joseph, the Government of Kerala,
executed a lease deed dated 15.12.1979 in favour of Mr. K.K.
Joseph. Though the lease deed was executed in favour of Mr.
K.K. Joseph, it is contended by the lessee that Mr. K.K.
Joseph was representing the partnership firm registered in
the name and style M/s. Joseph & Company, of which he
was the Managing Partner. | <para>
2.
The appellantState of Kerala is assailing the order
dated 10.07.2015 passed by the High Court of Kerala at
Ernakulam in W.A. No.369/2011 and W.A. No. 375/2011.
The said appeals had arisen out of the proceedings in Writ
Petition No.1207/2005 wherein through the order dated
17.01.2011, the petition was disposed of to the extent of
quashing the order declining value of usufructs (Ex.41). The
order (Ex.39) by which the lease in favour of Respondent
had been terminated was upheld. It is in that view, the writ
petitionerM/s. Joseph & Company as also the respondent
State of Kerala had filed the Writ Appeals to the extent they
were aggrieved. The learned Division Bench of the High
Court through the impugned order dated 10.07.2015 has
allowed the appeal filed by M/s. Joseph & Company, thereby
setting aside the order terminating the lease and the appeal
filed by State of Kerala was dismissed. It is in that light, the
appellantState of Kerala claiming to be aggrieved is before
this court.
</para>
<para>
3.
The genesis of the case is that erstwhile Travancore
Cochin Government had by a notification in the year 1953
auctioned certain abandoned portions of Beatrice estate.
One Mr. P.I. Josephresponded to the said notification and
offered his bid to an extent of 246.26 acres out of the South
Block and took possession on 10.05.1955. However, no lease
agreement was entered into between him and the
government. In the meanwhile, the said Mr. P.I. Joseph
assigned the said property in favour of Mr. K.K. Joseph.
Pursuant to such transaction dated 28.02.1974 between Mr.
P.I. Joseph and Mr. K.K. Joseph, the Government of Kerala,
executed a lease deed dated 15.12.1979 in favour of Mr. K.K.
Joseph. Though the lease deed was executed in favour of Mr.
K.K. Joseph, it is contended by the lessee that Mr. K.K.
Joseph was representing the partnership firm registered in
the name and style M/s. Joseph & Company, of which he
was the Managing Partner.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
4.
The said Mr. K.K. Joseph thereafter executed a
registered sale deed dated 16.12.1983 transferring an extent
of 50 acres from the land leased in his favour, to one Mr.
Raghavan. Subsequent thereto, Mr. K.K. Joseph is stated to
have retired from the partnership firm after which Ms. Meera
Scaria had become the Managing Partner representing the
firm. The said Ms. Meera Scaria as the Managing Partner
had addressed a letter dated 26.06.1990 seeking leave to
rectify the defect of transferring a portion of the lease land to
Mr. Raghavan. The said request had not been considered
since the government through their letter dated 27.05.1989
had indicated the intention to terminate the lease.
Subsequent thereto the notice dated 19.02.1992 intimated
the lessee about the order to terminate the lease and to
prepare the inventory to take over possession.
5. But the same was kept in abeyance as certain events of
a general consideration regarding regularisation of all leases
in the area was under process. However, said process had
come to an end on 26.02.1999 whereby the government had
cancelled its earlier proposal of a general regularisation
which was under consideration. In that background, the
notice dated 15.11.1999 was issued to Mr. K.K. Joseph to
show cause why the lease in respect of the whole area of
246.50 acres should not be terminated as contemplated
under clause 14 of the lease deed. Mr. K.K. Joseph replied to
the same on 29.11.1999 indicating that he has retired from
the partnership firm and that Ms. Meera Scaria is the
present Managing Partner who is to be notified. In the said
process, the first round of litigation commenced challenging
the action of the State Government to terminate the lease.
The Writ Petitions bearing O.P. No. 20508/2002 and O.P.
No. 30224/2002 filed by M/s. Joseph & Company and Mr.
Raghavan respectively were set in motion. The said process
after the Writ Appeal had resulted in the proceedings before
this Court in C.A. No. 4169/2004. This Court through the
order dated 16.07.2004 permitted the appellantState of
Kerala to issue fresh show cause notice regarding proposed
termination of lease and the respondents were permitted to
file their reply to the show cause notice. In the above
background, the present round of proceedings commenced
with the issue of the notice dated 29.07.2004 and
conclusion of the process. | <para>
4.
The said Mr. K.K. Joseph thereafter executed a
registered sale deed dated 16.12.1983 transferring an extent
of 50 acres from the land leased in his favour, to one Mr.
Raghavan. Subsequent thereto, Mr. K.K. Joseph is stated to
have retired from the partnership firm after which Ms. Meera
Scaria had become the Managing Partner representing the
firm. The said Ms. Meera Scaria as the Managing Partner
had addressed a letter dated 26.06.1990 seeking leave to
rectify the defect of transferring a portion of the lease land to
Mr. Raghavan. The said request had not been considered
since the government through their letter dated 27.05.1989
had indicated the intention to terminate the lease.
Subsequent thereto the notice dated 19.02.1992 intimated
the lessee about the order to terminate the lease and to
prepare the inventory to take over possession.
</para>
<para>
5. But the same was kept in abeyance as certain events of
a general consideration regarding regularisation of all leases
in the area was under process. However, said process had
come to an end on 26.02.1999 whereby the government had
cancelled its earlier proposal of a general regularisation
which was under consideration. In that background, the
notice dated 15.11.1999 was issued to Mr. K.K. Joseph to
show cause why the lease in respect of the whole area of
246.50 acres should not be terminated as contemplated
under clause 14 of the lease deed. Mr. K.K. Joseph replied to
the same on 29.11.1999 indicating that he has retired from
the partnership firm and that Ms. Meera Scaria is the
present Managing Partner who is to be notified. In the said
process, the first round of litigation commenced challenging
the action of the State Government to terminate the lease.
The Writ Petitions bearing O.P. No. 20508/2002 and O.P.
No. 30224/2002 filed by M/s. Joseph & Company and Mr.
Raghavan respectively were set in motion. The said process
after the Writ Appeal had resulted in the proceedings before
this Court in C.A. No. 4169/2004. This Court through the
order dated 16.07.2004 permitted the appellantState of
Kerala to issue fresh show cause notice regarding proposed
termination of lease and the respondents were permitted to
file their reply to the show cause notice. In the above
background, the present round of proceedings commenced
with the issue of the notice dated 29.07.2004 and
conclusion of the process.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
6.
In the said notice the appellantState of Kerala referred
to two aspects to allege breach of terms of the lease. The main
aspect alleging breach is in relation to entire leased property.
It is alleged that Mr. K.K. Joseph had transferred his
leasehold right to M/s. Joseph & Company without the
approval of the lessor with the intention to nullify the effect of
clause 14 of the lease deed and he has thereafter retired from
the firm in 1988. The other aspect alleging breach of the term
is that an extent of the leased land measuring 50 acres has
been sold without consent of the lessor, to one Mr. Raghavan.
It is in the said premise, the lease was sought to be
terminated. The respondentM/s. Joseph & Company
submitted a detailed reply dated 14.08.2004 seeking to justify
their action and to contend that they had not committed
breach of the terms of lease deed. The respondent was also
provided the opportunity of hearing, pursuant to which an
order dated 26.11.2004 was passed whereby the termination
of the lease in respect of the entire extent measuring 246.26
acres of reserve forest land was confirmed.
7.
The respondent being aggrieved by the same had
preferred the Writ Petition as indicated supra. The learned
Single Judge did not interfere with the order terminating the
lease and the writ petition was dismissed to that extent.
Insofar as the aspect relating to the breach alleged regarding
the transfer of lease to M/s. Joseph & Company by Mr. K.K.
Joseph, the various circumstances were referred more
particularly the documents which were at exhibits P10, P11,
P12, P13 and P16 to P20 to indicate that the government had
for all intents and purposes treated M/s. Joseph & Company
as the lessee under the lease deed which was Exhibit P7 to
the Writ Petition. However, in respect of the transfer of 50
acres in favour of Mr. Raghavan, the learned Judge was of the
opinion that the finding relating to breach due to such
transaction being a finding of fact, did not call for interference
in the Writ Petition. | <para>
6.
In the said notice the appellantState of Kerala referred
to two aspects to allege breach of terms of the lease. The main
aspect alleging breach is in relation to entire leased property.
It is alleged that Mr. K.K. Joseph had transferred his
leasehold right to M/s. Joseph & Company without the
approval of the lessor with the intention to nullify the effect of
clause 14 of the lease deed and he has thereafter retired from
the firm in 1988. The other aspect alleging breach of the term
is that an extent of the leased land measuring 50 acres has
been sold without consent of the lessor, to one Mr. Raghavan.
It is in the said premise, the lease was sought to be
terminated. The respondentM/s. Joseph & Company
submitted a detailed reply dated 14.08.2004 seeking to justify
their action and to contend that they had not committed
breach of the terms of lease deed. The respondent was also
provided the opportunity of hearing, pursuant to which an
order dated 26.11.2004 was passed whereby the termination
of the lease in respect of the entire extent measuring 246.26
acres of reserve forest land was confirmed.
</para>
<para>
7.
The respondent being aggrieved by the same had
preferred the Writ Petition as indicated supra. The learned
Single Judge did not interfere with the order terminating the
lease and the writ petition was dismissed to that extent.
Insofar as the aspect relating to the breach alleged regarding
the transfer of lease to M/s. Joseph & Company by Mr. K.K.
Joseph, the various circumstances were referred more
particularly the documents which were at exhibits P10, P11,
P12, P13 and P16 to P20 to indicate that the government had
for all intents and purposes treated M/s. Joseph & Company
as the lessee under the lease deed which was Exhibit P7 to
the Writ Petition. However, in respect of the transfer of 50
acres in favour of Mr. Raghavan, the learned Judge was of the
opinion that the finding relating to breach due to such
transaction being a finding of fact, did not call for interference
in the Writ Petition.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
8.
The learned Division Bench had negatived the
challenge to the first part by the State of Kerala and the
conclusion of the learned Single Judge that M/s Joseph &
Company is the lessee was held to be valid and was not
interfered. Further, insofar as the sale in favour of Mr.
Raghavan, the learned Division Bench had taken note of
Clause 12 contained in the lease deed between the appellant
State of Kerala and M/s Joseph & Company which provided
that the default if any committed could be remedied if the
lessee is put on notice. The default can be confirmed only if
the same is not remedied despite notice. It is in that view, the
learned Division Bench was of the view that the requirement
in Clause 12 of the lease agreement had not been complied
with by the appellantState of Kerala. Therefore, the learned
Division Bench set aside the order terminating the lease.
9.
We have heard Mr. Jaideep Gupta, learned senior
counsel for the appellantState of Kerala, Mr. Joseph Markos,
learned senior counsel and Mr. Thomas P Joseph, Learned
Senior Advocate on behalf of the respondents and perused
the appeal papers including the writ appeal records which
had been secured from the High Court. | <para>
8.
The learned Division Bench had negatived the
challenge to the first part by the State of Kerala and the
conclusion of the learned Single Judge that M/s Joseph &
Company is the lessee was held to be valid and was not
interfered. Further, insofar as the sale in favour of Mr.
Raghavan, the learned Division Bench had taken note of
Clause 12 contained in the lease deed between the appellant
State of Kerala and M/s Joseph & Company which provided
that the default if any committed could be remedied if the
lessee is put on notice. The default can be confirmed only if
the same is not remedied despite notice. It is in that view, the
learned Division Bench was of the view that the requirement
in Clause 12 of the lease agreement had not been complied
with by the appellantState of Kerala. Therefore, the learned
Division Bench set aside the order terminating the lease.
</para>
<para>
9.
We have heard Mr. Jaideep Gupta, learned senior
counsel for the appellantState of Kerala, Mr. Joseph Markos,
learned senior counsel and Mr. Thomas P Joseph, Learned
Senior Advocate on behalf of the respondents and perused
the appeal papers including the writ appeal records which
had been secured from the High Court.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
10. On the first aspect relating to the breach alleged in
view of the transfer of lease in favour of M/s Joseph &
Company by Mr. K.K. Josephthe lessee, Mr. Jaideep Gupta,
learned senior counsel has taken us through the documents
to indicate the sequence that the property in fact was
auctioned in favour of Mr. P.I. Joseph who had transferred
the lease in favour of Mr. K.K Joseph through the sale deed
dated 28.02.1974. Though the government has subsequently
validated the said transaction by executing a lease deed in
favour of Mr. K.K. Joseph, the subsequent transfer by Mr.
K.K Joseph to M/s Joseph & Company, a new lessee without
prior consent of the government would constitute breach is
his contention.
11. Having noted the contention, we find that the said
issue need not detain us for long. At the outset, a perusal of
the lease deed dated 15.12.1979 would no doubt disclose that
Mr. K.K. Joseph in his individual name is referred to as the
lessee of the other part. The recital in the lease deed however
depicts that the earlier transaction in favour of Mr. P.I.
Joseph and the document executed by Mr. P.I Joseph in
favour of Mr. K.K Joseph to assign the lease is referred in the
document. In that backdrop, a reference to the sale deed
dated 28.02.1974 by which the sale was made by Mr. P.I.
Joseph to Mr. K.K. Joseph indicates that the purchaser Mr.
K.K. Joseph has been described as the Managing Partner,
M/s Joseph & Company, a registered partnership firm. The
said aspect would exfacie indicate that the contention of the
appellant that M/s Joseph & Company had come into
existence subsequently as a ploy to overcome and defeat the
bar contained in Clause 14 to the lease deed cannot be
accepted. Further, as already taken note, the learned Single
Judge as also the learned Division Bench has referred to the
various other documents more particularly at Exhibits P10,
P11, P12, P13 and P16 to P20 in the writ proceeding records
to indicate that the Government, for all intents and purposes
had treated M/s. Joseph & Company as the lessee. Therefore,
to the said extent on the first aspect, the same does not
constitute breach. Hence the conclusion reached by the High
Court on that aspect does not call for interference. | <para>
10. On the first aspect relating to the breach alleged in
view of the transfer of lease in favour of M/s Joseph &
Company by Mr. K.K. Josephthe lessee, Mr. Jaideep Gupta,
learned senior counsel has taken us through the documents
to indicate the sequence that the property in fact was
auctioned in favour of Mr. P.I. Joseph who had transferred
the lease in favour of Mr. K.K Joseph through the sale deed
dated 28.02.1974. Though the government has subsequently
validated the said transaction by executing a lease deed in
favour of Mr. K.K. Joseph, the subsequent transfer by Mr.
K.K Joseph to M/s Joseph & Company, a new lessee without
prior consent of the government would constitute breach is
his contention.
</para>
<para>
11. Having noted the contention, we find that the said
issue need not detain us for long. At the outset, a perusal of
the lease deed dated 15.12.1979 would no doubt disclose that
Mr. K.K. Joseph in his individual name is referred to as the
lessee of the other part. The recital in the lease deed however
depicts that the earlier transaction in favour of Mr. P.I.
Joseph and the document executed by Mr. P.I Joseph in
favour of Mr. K.K Joseph to assign the lease is referred in the
document. In that backdrop, a reference to the sale deed
dated 28.02.1974 by which the sale was made by Mr. P.I.
Joseph to Mr. K.K. Joseph indicates that the purchaser Mr.
K.K. Joseph has been described as the Managing Partner,
M/s Joseph & Company, a registered partnership firm. The
said aspect would exfacie indicate that the contention of the
appellant that M/s Joseph & Company had come into
existence subsequently as a ploy to overcome and defeat the
bar contained in Clause 14 to the lease deed cannot be
accepted. Further, as already taken note, the learned Single
Judge as also the learned Division Bench has referred to the
various other documents more particularly at Exhibits P10,
P11, P12, P13 and P16 to P20 in the writ proceeding records
to indicate that the Government, for all intents and purposes
had treated M/s. Joseph & Company as the lessee. Therefore,
to the said extent on the first aspect, the same does not
constitute breach. Hence the conclusion reached by the High
Court on that aspect does not call for interference.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
12.
The next aspect which arises for consideration is as to
whether the sale to an extent of 50 acres from out of the lease
area would amount to breach of clause 14 of the lease deed.
For better appreciation, it would be appropriate to take note
of Clause 12 and 14 in the lease deed dated 15.12.1979,
which have been referred. The same read as hereunder:
“12. In the event of the lessee making default in the
observance of fulfillment of any of the covenants herein
contained the Lessor shall be at liberty at any time,
thereafter, after giving notice to the lessee and hearing
him in person or through his agent or vakil duly
appointed about the failure of the lessee to remedy such
default that may be reported to the Lessor from time to
time by the Chief Conservator of Forests, to terminate the
lease and lessee shall forthwith vacate the land hereby
leased and demised and notwithstanding such
termination of this lease, the lessee shall be liable for any
loss which the lessor may sustain by reasons of such
default and all such improvements made by the Lessee
on the land hereby leased and demised as exist at the
time of vacating the same must be left intact and no
compensation can be claimed by the lessee for such
improvements.”
“14. The lessee shall not be entitled to sublet or assign
his interest in the said lease except with the previous
permission in writing of the lessor.”
13. From a perusal of the relevant clauses in the lease
deed it is seen that clause 14 thereof provides that the
lessee shall not be entitled to sublet or assign his interest in
the said lease except with the previous permission in writing
obtained from the lessor. In that backdrop, the breach
alleged against the respondent is that the lessee has
assigned the interest in the leased land to an extent of 50
acres in favour of Mr. Raghavan without the previous
permission of the lessor. The fact that such sale has taken
place cannot be in dispute nor is it in dispute. The said
assignment has been made under the registered sale deed
dated 16.12.1983. The question therefore is; whether the
same would constitute breach of the terms in the lease deed
so as to entail termination of the lease. | <para>
12.
The next aspect which arises for consideration is as to
whether the sale to an extent of 50 acres from out of the lease
area would amount to breach of clause 14 of the lease deed.
For better appreciation, it would be appropriate to take note
of Clause 12 and 14 in the lease deed dated 15.12.1979,
which have been referred. The same read as hereunder:
“12. In the event of the lessee making default in the
observance of fulfillment of any of the covenants herein
contained the Lessor shall be at liberty at any time,
thereafter, after giving notice to the lessee and hearing
him in person or through his agent or vakil duly
appointed about the failure of the lessee to remedy such
default that may be reported to the Lessor from time to
time by the Chief Conservator of Forests, to terminate the
lease and lessee shall forthwith vacate the land hereby
leased and demised and notwithstanding such
termination of this lease, the lessee shall be liable for any
loss which the lessor may sustain by reasons of such
default and all such improvements made by the Lessee
on the land hereby leased and demised as exist at the
time of vacating the same must be left intact and no
compensation can be claimed by the lessee for such
improvements.”
“14. The lessee shall not be entitled to sublet or assign
his interest in the said lease except with the previous
permission in writing of the lessor.”
</para>
<para>
13. From a perusal of the relevant clauses in the lease
deed it is seen that clause 14 thereof provides that the
lessee shall not be entitled to sublet or assign his interest in
the said lease except with the previous permission in writing
obtained from the lessor. In that backdrop, the breach
alleged against the respondent is that the lessee has
assigned the interest in the leased land to an extent of 50
acres in favour of Mr. Raghavan without the previous
permission of the lessor. The fact that such sale has taken
place cannot be in dispute nor is it in dispute. The said
assignment has been made under the registered sale deed
dated 16.12.1983. The question therefore is; whether the
same would constitute breach of the terms in the lease deed
so as to entail termination of the lease.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
14. Mr. Joseph Markos, learned senior counsel contended,
though such sale deed was executed, the possession of the
property had not been handed over to Mr. Raghavan and the
lessee M/s. Joseph & Company had continued to pay the
lease rentals in respect of the entire property. It was next
contended that even assuming that the execution of the
document had constituted default, the lessee ought to have
been notified to remedy such default and only if the same
was not done, the lease could be terminated. In that regard,
the learned senior counsel contended that the lessee had
submitted a letter to the government on 17.03.1990 seeking
to rectify the default and if the same was accepted in terms
of Clause 12, the breach contemplated in Clause 14 would
not survive. It is his further contention that the right to
forfeit the lease, in the present circumstance, would fall
under Section 111(g) of the Transfer of Property Act (‘TP Act’
for short) which calls for strict construction against the
lessor. In that event the termination of the entire lease
would not be sustainable for breach in respect of a portion
of the leased land. Reference is also made to Section 112 of
the T.P. Act to contend that the acceptance of lease rentals
by the lessor, including for the said extent of 50 acres sold
to Mr. Raghavan would constitute waiver of forfeiture.
15. While taking note of the contention on behalf of the
respondentM/s. Joseph & Company regarding the benefit
available to them under Clause 12 of the lease deed which
had not been complied by providing an opportunity to
remedy the default, it is necessary to note as to whether
such benefit is available to rectify the breach alleged under
Clause 14 of the lease deed as well and whether Clause 12
makes it mandatory to issue notice to rectify before action is
taken. In order to, gather the intention of the parties, the
nature of the transaction and the document as a whole is
necessary to be considered. While on this aspect, what is
striking to be noted is that the word employed in Clause 12
is ‘default’ and not breach. If this aspect is taken note and
the remaining terms contained in the lease deed are taken
note, keeping in view the admitted position that the leased
land is situate in a reserve forest, the clauses in the
agreement commencing from clause No. 5 to 11 indicates
that the right reserved by the lessor and the obligations
imposed on the lessee are with regard to the compliance, to
retain the characteristics of forest area and continue such
other activities including collection of minor forest produce
and the forest officials have been granted the right to
regulate the same notwithstanding plantation was the
permitted use.
16.
If in that context, Clause 12 is taken note, it indicates
that the issue of notice is contemplated in the event of the
lessee committing default and the liberty to terminate the
lease is exercised. The concession provided is to rectify the
default before the notice is issued. If there is failure of the
lessee to remedy such default that may be reported to the
lessor from time to time by the Chief Conservator of Forests.
Before termination of the lease a notice is to be issued and
be heard about the default if the default has not been
remedied. The same would clearly indicate that the default
referred to, the issue of notice there for and the fact that the
same is based on the report to the lessor (State of Kerala)
from Chief Conservator of Forests is that the rectification
permitted is in respect of the default relating to deviation
from the obligations contained in the covenants relating to
maintaining the nature of the property and default should
be of rectifiable nature. The Dictionary meaning of ‘default’
is; failure to fulfil an obligation, while the meaning of
‘breach’ is an act of breaking a law, agreement or code of
conduct. If the said distinction is kept in view, the breach if
committed by subletting or assigning as provided in Clause
14, the same would lead to its consequences and the liberty
to remedy the same is not mandatory. All that Clause 12
signifies is that if default is reported and if such default is
not remedied then termination can be made after issue of
notice and hearing. The cause for termination will be the
default and permitting to remedy the same is only an
indulgence to be shown. Therefore, the learned Division
Bench was not justified in its conclusion that the nonissue
of notice and not providing opportunity to remedy the
default is fatal. In the instant facts, the reading of the lease
deed as a whole would indicate that the right reserved to the
lessor under Clause 14 is independent of Clause 12 and if
the breach of that nature occurs, it is irreversible and it will
have to be taken to its logical conclusion unless the lessor
waives the right thereunder. | <para>
14. Mr. Joseph Markos, learned senior counsel contended,
though such sale deed was executed, the possession of the
property had not been handed over to Mr. Raghavan and the
lessee M/s. Joseph & Company had continued to pay the
lease rentals in respect of the entire property. It was next
contended that even assuming that the execution of the
document had constituted default, the lessee ought to have
been notified to remedy such default and only if the same
was not done, the lease could be terminated. In that regard,
the learned senior counsel contended that the lessee had
submitted a letter to the government on 17.03.1990 seeking
to rectify the default and if the same was accepted in terms
of Clause 12, the breach contemplated in Clause 14 would
not survive. It is his further contention that the right to
forfeit the lease, in the present circumstance, would fall
under Section 111(g) of the Transfer of Property Act (‘TP Act’
for short) which calls for strict construction against the
lessor. In that event the termination of the entire lease
would not be sustainable for breach in respect of a portion
of the leased land. Reference is also made to Section 112 of
the T.P. Act to contend that the acceptance of lease rentals
by the lessor, including for the said extent of 50 acres sold
to Mr. Raghavan would constitute waiver of forfeiture.
15. While taking note of the contention on behalf of the
respondentM/s. Joseph & Company regarding the benefit
available to them under Clause 12 of the lease deed which
had not been complied by providing an opportunity to
remedy the default, it is necessary to note as to whether
such benefit is available to rectify the breach alleged under
Clause 14 of the lease deed as well and whether Clause 12
makes it mandatory to issue notice to rectify before action is
taken. In order to, gather the intention of the parties, the
nature of the transaction and the document as a whole is
necessary to be considered. While on this aspect, what is
striking to be noted is that the word employed in Clause 12
is ‘default’ and not breach. If this aspect is taken note and
the remaining terms contained in the lease deed are taken
note, keeping in view the admitted position that the leased
land is situate in a reserve forest, the clauses in the
agreement commencing from clause No. 5 to 11 indicates
that the right reserved by the lessor and the obligations
imposed on the lessee are with regard to the compliance, to
retain the characteristics of forest area and continue such
other activities including collection of minor forest produce
and the forest officials have been granted the right to
regulate the same notwithstanding plantation was the
permitted use.
</para>
<para>
16.
If in that context, Clause 12 is taken note, it indicates
that the issue of notice is contemplated in the event of the
lessee committing default and the liberty to terminate the
lease is exercised. The concession provided is to rectify the
default before the notice is issued. If there is failure of the
lessee to remedy such default that may be reported to the
lessor from time to time by the Chief Conservator of Forests.
Before termination of the lease a notice is to be issued and
be heard about the default if the default has not been
remedied. The same would clearly indicate that the default
referred to, the issue of notice there for and the fact that the
same is based on the report to the lessor (State of Kerala)
from Chief Conservator of Forests is that the rectification
permitted is in respect of the default relating to deviation
from the obligations contained in the covenants relating to
maintaining the nature of the property and default should
be of rectifiable nature. The Dictionary meaning of ‘default’
is; failure to fulfil an obligation, while the meaning of
‘breach’ is an act of breaking a law, agreement or code of
conduct. If the said distinction is kept in view, the breach if
committed by subletting or assigning as provided in Clause
14, the same would lead to its consequences and the liberty
to remedy the same is not mandatory. All that Clause 12
signifies is that if default is reported and if such default is
not remedied then termination can be made after issue of
notice and hearing. The cause for termination will be the
default and permitting to remedy the same is only an
indulgence to be shown. Therefore, the learned Division
Bench was not justified in its conclusion that the nonissue
of notice and not providing opportunity to remedy the
default is fatal. In the instant facts, the reading of the lease
deed as a whole would indicate that the right reserved to the
lessor under Clause 14 is independent of Clause 12 and if
the breach of that nature occurs, it is irreversible and it will
have to be taken to its logical conclusion unless the lessor
waives the right thereunder.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
17. For better appreciation on the legal contention, we take
note of Section 111(g) and Section 112 of the T.P. Act which
was referred. They read as hereunder:
“111. Determination of lease — A lease of immoveable
property determines—
(a) xxxxxxx
(b) xxxxxx
(c) xxxxxx
(d) xxxxxxx
(e) xxxxxxx
(f) xxxxxxxx
(g) by forfeiture; that is to say, (1)in case the lessee
breaks an express condition which provides that, on
breach thereof, the lessor may reenter; or (2) in case
the lessee renounces his character as such by setting up
a title in a third person or by claiming title in himself; [or
(3) the lessee is adjudicated an insolvent and the lease
provides that the lessor may reenter on the happening of
such event]; and in [any of these cases] the lessor or his
transferee [gives notice in writing to the lessee of] his
intention to determine the lease;
112. Waiver of forfeiture —A forfeiture under section
111, clause (g) is waived by acceptance of rent which has
become due since the forfeiture, or by distress for such
rent, or by any other act on the part of the lessor showing
an intention to treat the lease as subsisting:
Provided that the lessor is aware that the forfeiture
has been incurred:
Provided also that, where rent is accepted after the
institution of a suit to eject the lessee on the ground of
forfeiture; such acceptance is not a waiver.”
18. The contention of the learned senior counsel for the
respondent that a question of law could be raised at any
stage is well taken and we do not see the reason to refer to
the precedents relied on that proposition. Even that be so,
the provisions contained in Sections 111 and 112 of the T.P.
Act though taken note, in our opinion, the same cannot be
considered in abstract without reference to the factual
foundation. So far as the contention that the lessee had
continued to pay the lease rentals in respect of the entire
property despite the sale of 50 acres to Mr. Raghavan,
whether such acceptance of the lease rentals by the lessor
was with knowledge of default by condoning the breach, is a
question of fact which will have to be urged in the original
proceedings and the material will have to be placed on
record so as to enable the original authority to take a
decision on that aspect and render a finding on fact so that
the Court at a later stage in the process of judicial review
can reassess the same and determine as to whether the
benefit of Section 112 T.P.Act will be available. Therefore, in
the instant case, the contention that the lease rentals were
being paid in respect of the entire extent cannot be accepted
outright as no contention was urged and details were not
laid in the original proceedings. Further, in a matter of the
present nature when the entire lease area measured vast
extent of 246.26 acres and the allegation is of parting with
the lease hold right of 50 acres from such lease area and in
that circumstance when the lease rental in any event was
being paid to the remaining extent of 196.26 acres, the
lumpsum payment of lease rental cannot be taken
advantage of to contend that the lease rental was continued
to be paid and seek waiver of forfeiture. | <para>
17. For better appreciation on the legal contention, we take
note of Section 111(g) and Section 112 of the T.P. Act which
was referred. They read as hereunder:
“111. Determination of lease — A lease of immoveable
property determines—
(a) xxxxxxx
(b) xxxxxx
(c) xxxxxx
(d) xxxxxxx
(e) xxxxxxx
(f) xxxxxxxx
(g) by forfeiture; that is to say, (1)in case the lessee
breaks an express condition which provides that, on
breach thereof, the lessor may reenter; or (2) in case
the lessee renounces his character as such by setting up
a title in a third person or by claiming title in himself; [or
(3) the lessee is adjudicated an insolvent and the lease
provides that the lessor may reenter on the happening of
such event]; and in [any of these cases] the lessor or his
transferee [gives notice in writing to the lessee of] his
intention to determine the lease;
112. Waiver of forfeiture —A forfeiture under section
111, clause (g) is waived by acceptance of rent which has
become due since the forfeiture, or by distress for such
rent, or by any other act on the part of the lessor showing
an intention to treat the lease as subsisting:
Provided that the lessor is aware that the forfeiture
has been incurred:
Provided also that, where rent is accepted after the
institution of a suit to eject the lessee on the ground of
forfeiture; such acceptance is not a waiver.”
</para>
<para>
18. The contention of the learned senior counsel for the
respondent that a question of law could be raised at any
stage is well taken and we do not see the reason to refer to
the precedents relied on that proposition. Even that be so,
the provisions contained in Sections 111 and 112 of the T.P.
Act though taken note, in our opinion, the same cannot be
considered in abstract without reference to the factual
foundation. So far as the contention that the lessee had
continued to pay the lease rentals in respect of the entire
property despite the sale of 50 acres to Mr. Raghavan,
whether such acceptance of the lease rentals by the lessor
was with knowledge of default by condoning the breach, is a
question of fact which will have to be urged in the original
proceedings and the material will have to be placed on
record so as to enable the original authority to take a
decision on that aspect and render a finding on fact so that
the Court at a later stage in the process of judicial review
can reassess the same and determine as to whether the
benefit of Section 112 T.P.Act will be available. Therefore, in
the instant case, the contention that the lease rentals were
being paid in respect of the entire extent cannot be accepted
outright as no contention was urged and details were not
laid in the original proceedings. Further, in a matter of the
present nature when the entire lease area measured vast
extent of 246.26 acres and the allegation is of parting with
the lease hold right of 50 acres from such lease area and in
that circumstance when the lease rental in any event was
being paid to the remaining extent of 196.26 acres, the
lumpsum payment of lease rental cannot be taken
advantage of to contend that the lease rental was continued
to be paid and seek waiver of forfeiture.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
19. When there was breach providing the right to
terminate the lease in respect of the entire leased land, even
if the lease rental paid by the lessee has been accepted by
the appellantlessor, it has not been shown that the
requirement of the conditions in the proviso to Section 112
of the T.P. Act is satisfied. In the present situation, the land
is leased by the government and when the breach had
occurred the competent authority had issued the notice and
the proceedings was initiated. Once the proceedings had
been initiated even if the lease rental was received the same
is saved under the second proviso. Further the situation is
also that the payment of the rental made to the government
would in any event be accepted as different functions are
performed by different offices and any amount tendered will
be received. That cannot give any advantage to the lessee
merely because the rent has been tendered in the
government office and the same has been innocuously
accepted without there being specific reference to waiver.
20. On the question of waiver, it would be profitable to
refer to the decision of this court in the case of <cite>Sarup
Singh Gupta vs. S. Jagdish Singh and Others (2006) 4
SCC 205</cite> wherein the contention relating to waiver due to
acceptance of rent was considered, though in the context of
Sections 111(h) and 113 of the T.P. Act, wherein it was held
as hereunder:
“6. Learned Senior Counsel also relied upon a decision
of a learned Single Judge of the Calcutta High Court,
reported in AIR 1926 (Calcutta) 763, wherein It was held
that where rent is accepted after the notice to quit,
whether before or after the suit has been filed, the
landlord thereby shows an intention to treat the lease as
subsisting and, therefore, where rent deposited with the
Rent Controller under the Calcutta Rent Act is withdrawn
even after the ejectment suit is filed, the notice to quit is
waived. In our view, the principle laid down in the
aforesaid judgment of the High Court is too widely stated,
and cannot be said to be an accurate statement of law. A
mere perusal of Section 113 leaves no room for doubt
that in a given case, a notice given under Section
111, Clause (h), may be treated as having been
waived, but the necessary condition is that there
must be some act on the part of the person giving the
notice evincing an intention to treat the lease as
subsisting. Of course, the express or implied consent
of the person to whom such notice is given must also
be established. The question as to whether the person
giving the notice has by his act shown an intention to
treat the lease as subsisting is essentially a question
of fact. In reaching a conclusion on this aspect of the
matter, the Court must consider all relevant facts and
circumstances, and the mere fact that rent has been
tendered and accepted, cannot be determinative. | <para>
19. When there was breach providing the right to
terminate the lease in respect of the entire leased land, even
if the lease rental paid by the lessee has been accepted by
the appellantlessor, it has not been shown that the
requirement of the conditions in the proviso to Section 112
of the T.P. Act is satisfied. In the present situation, the land
is leased by the government and when the breach had
occurred the competent authority had issued the notice and
the proceedings was initiated. Once the proceedings had
been initiated even if the lease rental was received the same
is saved under the second proviso. Further the situation is
also that the payment of the rental made to the government
would in any event be accepted as different functions are
performed by different offices and any amount tendered will
be received. That cannot give any advantage to the lessee
merely because the rent has been tendered in the
government office and the same has been innocuously
accepted without there being specific reference to waiver.
</para>
<para>
20. On the question of waiver, it would be profitable to
refer to the decision of this court in the case of <cite>Sarup
Singh Gupta vs. S. Jagdish Singh and Others (2006) 4
SCC 205</cite> wherein the contention relating to waiver due to
acceptance of rent was considered, though in the context of
Sections 111(h) and 113 of the T.P. Act, wherein it was held
as hereunder:
“6. Learned Senior Counsel also relied upon a decision
of a learned Single Judge of the Calcutta High Court,
reported in AIR 1926 (Calcutta) 763, wherein It was held
that where rent is accepted after the notice to quit,
whether before or after the suit has been filed, the
landlord thereby shows an intention to treat the lease as
subsisting and, therefore, where rent deposited with the
Rent Controller under the Calcutta Rent Act is withdrawn
even after the ejectment suit is filed, the notice to quit is
waived. In our view, the principle laid down in the
aforesaid judgment of the High Court is too widely stated,
and cannot be said to be an accurate statement of law. A
mere perusal of Section 113 leaves no room for doubt
that in a given case, a notice given under Section
111, Clause (h), may be treated as having been
waived, but the necessary condition is that there
must be some act on the part of the person giving the
notice evincing an intention to treat the lease as
subsisting. Of course, the express or implied consent
of the person to whom such notice is given must also
be established. The question as to whether the person
giving the notice has by his act shown an intention to
treat the lease as subsisting is essentially a question
of fact. In reaching a conclusion on this aspect of the
matter, the Court must consider all relevant facts and
circumstances, and the mere fact that rent has been
tendered and accepted, cannot be determinative.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
7. A somewhat similar situation arose in the case in
<cite>Shanti Prasad Devi v. Shankar Mahto</cite>. That was a case
where the landlord accepted rent even on expiry of the
period of lease. A submission was urged on behalf of the
tenant in that case that Section 116, Transfer of Property
Act was attracted and there was a deemed renewal, of the
lease. Negativing the contention, this Court observed
that mere acceptance of rent for the subsequent
months in which the lessee continued to occupy the
premise even, after the expiry of the period of the
lease, cannot be said to be a conduct signifying his
assent to the continuing of the lease even after the
expiry of the lease period. Their Lordships noticed
the conditions incorporated in the agreement itself,
which provided for renewal of the lease and held that
those conditions having not been fulfilled, the mere
acceptance of rent after expiry of period of lease did
not signify assent to the continuance of the lease.”
(Emphasis supplied)
In that view, the waiver as contended by the learned senior
counsel for the respondentlessee is unsustainable.
21.
That apart, the contention that the lessee M/s. Joseph
& Company had continued in possession of the said extent of
50 acres even after sale and therefore there is no default
cannot be accepted for more than one reason. To decipher
this aspect, a perusal of the sale deed dated 16.12.1983
which was produced as exhibit R3(b) in the writ proceedings
would indicate the relevant recitals as follows:
“I have absolute right to sell the property in the
schedule. I have decided to sell you 50 acres of the
land in the schedule below along with the right to
travel through the rest of the land in my possession.
The amount decided as the price of he said land is Rs.
45000. Having received the full payment of Rupees
forty five thousand, I give you absolute right and
possession over the aforesaid land in the schedule
along with the rights of transportation through the
rest of the property.
The property described in the schedule below belongs
to the Cochin Government and I have leasehold right over
the same.
From today on I have no objection in you keeping
in possession and enjoying the absolute right of the
property described in the schedule together with the
right of transport. Hereon you shall pay the lease rent
directly to the Government. All taxes to the
Government may henceforth be paid by you. Myself, the
company or any of our successors may have no right
over schedule property.
I affirm that I will not obstruct your travelling
through the rest of Beatrice Estate. By this deed you
have the right to avail yourselves of the right to such
transport.
I hereby assure you that I have the right for the sale of
this property and that there are no arrears of lease rent due
to the Government as any other dues or attachment of civil or
revenue nature relating to the property and in case any loss
is sustained by the purchaser against this assurance. I shall
be responsible for such loss.”
A perusal of the extracted portion from the sale deed
(Emphasis supplied) | <para>
7. A somewhat similar situation arose in the case in
<cite>Shanti Prasad Devi v. Shankar Mahto</cite>. That was a case
where the landlord accepted rent even on expiry of the
period of lease. A submission was urged on behalf of the
tenant in that case that Section 116, Transfer of Property
Act was attracted and there was a deemed renewal, of the
lease. Negativing the contention, this Court observed
that mere acceptance of rent for the subsequent
months in which the lessee continued to occupy the
premise even, after the expiry of the period of the
lease, cannot be said to be a conduct signifying his
assent to the continuing of the lease even after the
expiry of the lease period. Their Lordships noticed
the conditions incorporated in the agreement itself,
which provided for renewal of the lease and held that
those conditions having not been fulfilled, the mere
acceptance of rent after expiry of period of lease did
not signify assent to the continuance of the lease.”
(Emphasis supplied)
In that view, the waiver as contended by the learned senior
counsel for the respondentlessee is unsustainable.
</para>
<para>
21.
That apart, the contention that the lessee M/s. Joseph
& Company had continued in possession of the said extent of
50 acres even after sale and therefore there is no default
cannot be accepted for more than one reason. To decipher
this aspect, a perusal of the sale deed dated 16.12.1983
which was produced as exhibit R3(b) in the writ proceedings
would indicate the relevant recitals as follows:
“I have absolute right to sell the property in the
schedule. I have decided to sell you 50 acres of the
land in the schedule below along with the right to
travel through the rest of the land in my possession.
The amount decided as the price of he said land is Rs.
45000. Having received the full payment of Rupees
forty five thousand, I give you absolute right and
possession over the aforesaid land in the schedule
along with the rights of transportation through the
rest of the property.
The property described in the schedule below belongs
to the Cochin Government and I have leasehold right over
the same.
From today on I have no objection in you keeping
in possession and enjoying the absolute right of the
property described in the schedule together with the
right of transport. Hereon you shall pay the lease rent
directly to the Government. All taxes to the
Government may henceforth be paid by you. Myself, the
company or any of our successors may have no right
over schedule property.
I affirm that I will not obstruct your travelling
through the rest of Beatrice Estate. By this deed you
have the right to avail yourselves of the right to such
transport.
I hereby assure you that I have the right for the sale of
this property and that there are no arrears of lease rent due
to the Government as any other dues or attachment of civil or
revenue nature relating to the property and in case any loss
is sustained by the purchaser against this assurance. I shall
be responsible for such loss.”
A perusal of the extracted portion from the sale deed
(Emphasis supplied)
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
22.
dated 16.12.1983 would indicate the outright nature of sale
of a portion of the leased land. It is sold for a sale
consideration despite knowing that the property belonging to
the government is granted under lease. The recital in fact,
categorically indicates that the absolute right and possession
has been given and it has also been stated therein that
henceforth the purchaser, Mr. Raghavan is to pay the lease
rent directly to the government and all taxes to the
government are also to be paid by him. Further, neither Mr.
K.K. Joseph nor the partnership firm has retained any right
over the property sold under that document. Therefore, the
document itself would indicate the intention of the parties
and also the fact that possession was parted without consent
of the lessor which was a clear breach of Clause 14 in the
lease deed.
23.
In addition, in the reply dated 29.11.1999 from Mr.
K.K. Joseph, to the notice dated 15.11.1999 from the
Divisional Forest Officer, he has stated that even after he had
retired from the firm, the firm was pursuing its efforts to get
the said 50 acres assigned to Mr. Raghavan, reassigned to the
firm and thereby remedy the default as contemplated in
Clause 12 of the lease deed. Therefore, the fact that there was
a breach committed was also within the knowledge of the
lessee though they were seeking to take shelter under Clause
12. That apart, the letter dated 26.06.1990 addressed to the
government by M/s. Joseph & Company through Ms. Meera
Scaria, interalia states as follows:
“If this reconveyance is effected, the entire property
included in the lease deed executed by Sh. K.K. Joseph and
registered as document No.1983 of 1979 of Nenmara, Sub
Registry Office will come back to the possession of M/s.
Joseph & Company which is the original lessee.”
(Emphasis supplied)
The said statement would clarify that the possession had
been parted and it was only being indicated that on re
conveyance being made, the possession would come back to
the lessee. Therefore, the contention put forth by the learned
senior counsel for the respondent that the possession had not
been parted and the lease rental was being paid by them
cannot be accepted as a mitigating factor in the facts and
circumstances of this case. | <para>
22.
dated 16.12.1983 would indicate the outright nature of sale
of a portion of the leased land. It is sold for a sale
consideration despite knowing that the property belonging to
the government is granted under lease. The recital in fact,
categorically indicates that the absolute right and possession
has been given and it has also been stated therein that
henceforth the purchaser, Mr. Raghavan is to pay the lease
rent directly to the government and all taxes to the
government are also to be paid by him. Further, neither Mr.
K.K. Joseph nor the partnership firm has retained any right
over the property sold under that document. Therefore, the
document itself would indicate the intention of the parties
and also the fact that possession was parted without consent
of the lessor which was a clear breach of Clause 14 in the
lease deed.
</para>
<para>
23.
In addition, in the reply dated 29.11.1999 from Mr.
K.K. Joseph, to the notice dated 15.11.1999 from the
Divisional Forest Officer, he has stated that even after he had
retired from the firm, the firm was pursuing its efforts to get
the said 50 acres assigned to Mr. Raghavan, reassigned to the
firm and thereby remedy the default as contemplated in
Clause 12 of the lease deed. Therefore, the fact that there was
a breach committed was also within the knowledge of the
lessee though they were seeking to take shelter under Clause
12. That apart, the letter dated 26.06.1990 addressed to the
government by M/s. Joseph & Company through Ms. Meera
Scaria, interalia states as follows:
“If this reconveyance is effected, the entire property
included in the lease deed executed by Sh. K.K. Joseph and
registered as document No.1983 of 1979 of Nenmara, Sub
Registry Office will come back to the possession of M/s.
Joseph & Company which is the original lessee.”
(Emphasis supplied)
The said statement would clarify that the possession had
been parted and it was only being indicated that on re
conveyance being made, the possession would come back to
the lessee. Therefore, the contention put forth by the learned
senior counsel for the respondent that the possession had not
been parted and the lease rental was being paid by them
cannot be accepted as a mitigating factor in the facts and
circumstances of this case.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
24.
Though an attempt is made to contend that an
opportunity ought to have been granted to remedy the default
in view of the provision contained in Clause 12 of the lease
deed in which event the default would stand remedied, the
same cannot come to the aid of the respondent for the reason
stated supra. Further, factually also it is to be noted that
except addressing the letter dated 26.06.1990, the lessee
M/s. Joseph & Company did not take any concrete steps to
either cancel the sale deed or to physically indicate that the
possession is back with the lessee and the transaction has
been nullified. Be that as it may, even otherwise in the
instant facts the breach was not of the nature which was
contemplated for rectification as provided under Clause 12 of
the lease deed. Therefore, it is too late in the day for the
respondent to contend that there was noncompliance of
Clause 12 before the right of the lessor to terminate the lease
as provided under Clause 14 is exercised.
25.
The alternate contention urged by the learned senior
counsel for the respondentlessee is that even if the breach is
held against the lessee, the entire lease cannot be forfeited in
view of the provision in Section 111(g) of T.P. Act. The learned
senior counsel in order to persuade us on this aspect has
referred to certain decisions which will be adverted to here
below. | <para>
24.
Though an attempt is made to contend that an
opportunity ought to have been granted to remedy the default
in view of the provision contained in Clause 12 of the lease
deed in which event the default would stand remedied, the
same cannot come to the aid of the respondent for the reason
stated supra. Further, factually also it is to be noted that
except addressing the letter dated 26.06.1990, the lessee
M/s. Joseph & Company did not take any concrete steps to
either cancel the sale deed or to physically indicate that the
possession is back with the lessee and the transaction has
been nullified. Be that as it may, even otherwise in the
instant facts the breach was not of the nature which was
contemplated for rectification as provided under Clause 12 of
the lease deed. Therefore, it is too late in the day for the
respondent to contend that there was noncompliance of
Clause 12 before the right of the lessor to terminate the lease
as provided under Clause 14 is exercised.
</para>
<para>
25.
The alternate contention urged by the learned senior
counsel for the respondentlessee is that even if the breach is
held against the lessee, the entire lease cannot be forfeited in
view of the provision in Section 111(g) of T.P. Act. The learned
senior counsel in order to persuade us on this aspect has
referred to certain decisions which will be adverted to here
below.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |