Case BriefsHigh Courts

Uttaranchal High Court: A Single Judge Bench comprising of Sudhanshu Dhulia, J. addressed 15 writ petitions seeking to direct the state government to complete its inquiry within a specified date in order to provide relief to the petitioners.

There was an e-auction for allotment of mining lots for river bed material pertaining to different plots and different river beds in the State of Uttarakhand which was consequently cancelled by the state government on a complaint thereby suspecting the petitioners of forming a ‘cartel’ in order to keep the bid as low as possible. Even the earnest money was withheld along with restricting the petitioners to participate in any mining process in the state.

Here the contention of the petitioners was that firstly they cannot be framed on mere conjectures and secondly prices have gone down due to restrictions imposed by the National Green Tribunal and the limited supply of riverbed material.

Here the court resorted to considering the conclusiveness of preliminary inquiry in order to establish the intention of the petitioners. Therefore it stated that it was not sufficient to prove that petitioners formed a cartel. It of the view that as this procedure was adopted to keep transparency in the system the state must not defeat that process.

Hence the Court directed the cyber crime cell to complete its inquiry within a specified time and it made it clear that in case the state government fails to complete its inquiry within that time the petitioners would be at liberty to seek refund of the amount deposited by them as the earnest money, which shall then be refunded. [Balaji Constructions v. State of Uttarakhand,2018 SCC OnLine Utt 729, order dated 06-08-2018]

Case BriefsSupreme Court

Supreme Court: The Bench comprising of Ranjan Gogoi and Rohinton Fali Nariman, JJ., in an order directed the State Coordinator for National Registration (NRC), Registrar General and Census Commissioner of India to not make any statements or undertakings in regard to the preparation of Final NRC.

The above-stated persons had issued some statement in regard to the NRC which were not appropriate and were highly improper. The Court also stated that once the Court had passed an order there could have been no room for any of the authorities to make statements in question.

Therefore, the Supreme Court further stated that the matter concerning is at the final stage where the process for publication of final NRC is to be initiated and completed. The persons concerned who had issued such statements were directed to be cautious in future and devote their time only to the assigned work.

The matter is further listed on 16-08-2018. [Assam Public Works v. Union of India,  2018 SCC OnLine SC 927,Order dated 07-08-2018]

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National Green Tribunal (NGT): The Bench comprising of AK Goel Chairperson, Jawad Rahim, JM Raghuvendra S. Rathore, JM and Dr Satyawan Singh Garbyal, Expert Member directed by an order that the applicant/ appellant shall before approaching the tribunal with grievance approach the authorities concerned.

In an application filed, the tribunal ordered that the applicant should state the reason and specific provisions of a statute violated in the application/appeal. One of the prominent directions issued was that the person must normally approach the authorities concerned by giving them a time of 15 days to respond. Further, when the person approaches the tribunal the response received should be attached in the application before the tribunal.

The above-stated order was issued in regard to provide quicker remedy to the individuals. The direction is to be followed till an exception is made out from 01-08-2018. [Shivpal Bhagat v. Union of India, OA No. 104 of 2018, dated 19-07-2018]