No Coercive Action Against ‘Roshni Act’ Beneficiaries For Now, Centre Tells Supreme Court; SC Asks J&K HC To Hear Review Petitions


first_imgTop StoriesNo Coercive Action Against ‘Roshni Act’ Beneficiaries For Now, Centre Tells Supreme Court; SC Asks J&K HC To Hear Review Petitions Sanya Talwar9 Dec 2020 11:08 PMShare This – xThe Solicitor General on Thursday told the Supreme Court that no coercive action will be taken for now against the beneficiaries under the ‘Roshni Act’, which has been declared as unconstitutional by the Jammu and Kashmir High Court in October.The submission was made before a bench headed by Justice N V Ramana during the hearing of petitions filed against the High Court verdict by persons…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Solicitor General on Thursday told the Supreme Court that no coercive action will be taken for now against the beneficiaries under the ‘Roshni Act’, which has been declared as unconstitutional by the Jammu and Kashmir High Court in October.The submission was made before a bench headed by Justice N V Ramana during the hearing of petitions filed against the High Court verdict by persons who claimed to be a lawful leaseholders.The bench, also comprising Justices Surya Kant and Aniruddha Bose, adjourned the hearing of the petitions to the last week of January. Meanwhile, the top court urged the High Court to consider the review petitions against the October 9 judgment on December 21. The SC observed that the pendency of the instant SLPs will not come in the way of any petitioners approaching High Court in review.’Roshni Act’ is the popular name for the ‘Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001’, which regularized the encroachments and unauthorized occupations on public land till 1990 on the occupants paying the market rates prevailing as on that year. The High Court declared the Act void abinitio and directed CBI inquiry against the land allotments.On Thursday, Solicitor General Tushar Mehta told Court that the State government could not come in the way of common people or those who are lawful occupants, “There is no question of that. But land grabbers cannot be spared,” he said.Justice NV Ramana then asked whether an order directing no coercive action be taken during pendency of the proceedings can be recorded. Solicitor General assured Court at this juncture that no such order was necessary.”We have nothing against anybody and illegalities have to be punished. A lot of confusion in this matter though,” Justice Ramana “I am before your lordships, No order is necessary My Lords,” Solicitor General”You will not take any action?” Justice Ramana “I am here before My Lords, no order be recorded,” Solicitor GeneralSenior Advocate Mukul Rohatgi appearing for in one of the petitions then told court that the Solicitor General’s submission was good enough.”The SG says that no coercive action be taken,” Justice Ramana”That’s good enough for us” RohatgiPetitioners represented by Rohatgi submitted that the High Court struck down the Act in a PIL without hearing the actual land allottees. “We are long term lessee’s and have a hotel on site, we have no grabbed anyones land, have been in place since 1970.. Can a CBI Inquiry be directed against us?” he added.”We are a set of lease holders going back to 1953. State’s review is filed not on constitutionality,” said Senior Advocate NK Kaul.Senior Advocate Arvind Datar submitted, “Unfortunately the main PIL is only against land grabbers and encroachers. No sentence in the judgment about authorized occupants. Court passed order against everybody. When we pointed it out, we were told its meaningless”.Senior Advocate Kailash Vasdev put to the court that the review is confined to a certain group of people and the petitioner(s) were not parties there. He added that they been lessee’s since 1966. “Question here is that the judgment is an omnibus judgment dealing with all categories of people. This matter be kept in abeyance,” he added.Senior Advocates Mukul Rohatgi & Arvind Dattar appeared as representatives of the petitioner in the lead petition. They were briefed by the team of Karanjawala & Co. lead by Senior Partner, Ruby Singh Ahuja, Principal Associates Deepti Sarin and Tahira karanjawala, Senior Associate Sanjeet Ranjan; and Associates Ashutosh Shukla and Vasu Singh.Background:On 11th Oct, the J&K High Court had held that the Roshni Act was unconstitutional, and this included all acts done under it.The Jammu and Kashmir High Court had held that the Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act 2001, [popularly known as Roshni Act] is completely unconstitutional and all acts done under it or amendments thereunder are also unconstitutional and void ab initio.The bench comprising Chief Justice Gita Mittal and Justice Rajesh Bindal directed CBI Investigation into allegations against Ministers, legislators, bureaucrats, high ranking Government and police officials for having encroached upon public lands and having caused orders passed under the Roshni Act in their favour.Following this, the administration of the J&K Union Territory sought a review of the judgment which is still pending before the High Court.The High Court observed that it has not come across any such legislation which was legalizing a criminal act.”Thus by a legislative act, valuable state land held in public trust by the State could be vested in persons who have trespassed thereon. Is this at all legally permissible? Does the Constitution of India enable such a legislative exercise? So far as State land is concerned, the mandate of the law laid down by the Supreme Court is absolutely clear and the answer to the question is in the negative. The Roshni Act and the Rules prescribe a mode of dispossession of valuable public property in a most arbitrary manner not known by law. The Act and the Rules are in the teeth of binding law laid down by the Supreme Court. They have been worked most arbitrarily and unfairly is in complete violation of the mandate of Article 14 of the Constitution of India. The vesting of several lakhs of kanals of public land to private ownership has resulted in such land not being available for public projects and infrastructure including hospitals, schools, parks etc. As a result, the rights to health, education, a good environment of the residents of Jammu & Kashmir, all of which are essential concomitants of their right to life guaranteed under Article 21 of the Constitution of India of the residents are violated.””We have not come across any such legislative State action legitimizing criminal activity at the cost of national and public interest with incalculable loss and damage to the public exchequer and the environment, without any financial (or other) impact assessment.”, said the bench while holding the legislation adversely impacted rights guaranteed to the people under Article 14 & 21 of the Constitution of India, was void ab initio from its very inception.Next Storylast_img read more

Sanders introduces bill to install 10 million ‘solar systems’ on US rooftops


first_imgUS Senator Bernie Sanders (I-VT), chairman of the Senate s green jobs subcommittee, today introduced legislation with nine cosponsors to encourage the installation of 10 million solar systems on the rooftops of homes and businesses over the next decade. At a time when we spend $350 billion importing oil from Saudi Arabia and other countries every year, the United States must move away from foreign oil to energy independence, Sanders said. A dramatic expansion of solar power is a clean and economical way to help break our dependence on foreign oil, reduce greenhouse gas emissions that cause global warming, improve our geopolitical position, and create good-paying green jobs.At a Senate committee hearing today, Sanders questioned Energy Secretary Steven Chu about President Obama s budget for next year. The White House requested $2.4 billion for energy efficiency and renewable energy programs. The requested 5 percent boost overall included a 22 percent increase for solar power.The potential for solar power also was the subject of testimony last week before Sanders green jobs subcommittee by Jeff Wolfe, chief executive officer of groSolar in White River Junction, Vt. Wolfe said Sanders bill would help homeowners and small businesses stabilize their energy costs.Sanders bill would authorize rebates which, along with other incentives, would cover up to half the cost of the 10 million solar power systems and 200,000 water heating systems. Non-profit groups and state and local governments also would be eligible. The legislation would ensure that participating homeowners and businesses also receive information on incentives to improve energy efficiency.Sanders said a recent report shows that solar power could help make every state more energy independent if solar units were installed on available rooftop space, because every state can meet 10 percent or more of its electricity needs just through rooftop solar. Moreover, because solar energy creates more jobs per megawatt than other energy sources. Sanders bill could create hundreds of thousands of jobs over the next ten years in the solar industry.The legislation s cosponsors include Environment and Public Works Committee Chairman Barbara Boxer (D-Calif.) and Sens. Patrick Leahy (D-Vt.), Frank Lautenberg (D-N.J.),  Robert Menendez (D-N.J.), Sheldon Whitehouse (D-R.I.), Ben Cardin (D-Md.), Jeff Merkley (D-Ore.), Kirsten Gillibrand (D-N.Y.) and Sen. Arlen Specter (D-Pa.).Sanders measure is patterned after successful state programs promoting solar energy in New Jersey and California, where prices have fallen as the number of solar units increased.To read a copy of the bill, click here.Source: Sanders’ office. 2.4.2010last_img read more

Combined and Interagency Ops Increase Drug Seizures in El Salvador


first_imgBy Lorena Baires/Diálogo December 11, 2018 El Salvador has increased drug seizures in the last four years by boosting maritime interdiction operations, information exchange with international partners, and dismantling Mara Salvatrucha (MS-13) and Barrio 18 structures. The operations that seek to counter organized crime resulted in the seizure of more than 25,000 kilograms of drugs, from 2015 to 2018. The Salvadoran Naval Force (FNES, in Spanish), the National Civil Police’s (PNC, in Spanish) Counter Narcotics Division, and the Office of the Attorney General take part in the constant fight. They work with support from the Migration General Directorate, the Ministry of Finance, the Autonomous Port Executive Commission, and U.S. Southern Command (SOUTHCOM). Each institution provides information to identify, detain, and prosecute members of criminal organizations. “Our people’s professional level and operational capabilities are high; we have equipment and technology to counter narcotrafficking, which yielded excellent results,” said Captain René Merino, commander of FNES General Staff. “We frequently adjust our patrol and surveillance plans, not only on the coast, but also in territorial waters.” Narcotrafficking networks moved beyond the 200 nautical miles demarcating the Salvadoran exclusive economic zone in the Pacific Ocean, in their attempt to ship drugs to the United States. “Since the middle of last year [2017], we’ve seen an increase in the use of low-profile semisubmersibles to move large amounts of drugs,” Capt. Merino said. “They navigate 50 or 70 miles outside of our surveillance area and turn at the maritime border with Guatemala, because they know we can’t detain them there. Even so, we reached them and detained them in our territorial waters.” Navigating outside national territorial waters isn’t criminals’ only known tactic; they also move through coastal areas to switch from small vessels to larger ones. “They try to bring in drugs along the coast, but they haven’t been able to do that either, because we stopped them,” Capt. Merino said. “FNES designed a constant surveillance shield that extends beyond the 200 nautical miles. It works with naval equipment specialized in constant alert.” Attack on gangs PNC fights relentlessly against MS-13 and Barrio 18. In 2018, PNC launched simultaneous large operations in different municipalities to dismantle gang subgroups devoted to narcotrafficking, human trafficking, and money laundering. “Operations are always aimed at capturing ringleaders, at disrupting the actions that contribute to increasing their illicit wealth and logistics,” said Howard Cotto, PNC general director. “Leaders receive money from low-ranking gang members, and then, through various businesses, they make those funds grow for the gang’s use.” The battle started in July 2016 with Operation Jaque, which weakened MS-13’s finances and created a crisis in the organization. In September 2017, Operation Tecana was carried out, while Operation Cuscatlán was conducted in February 2018. Both aimed at dismantling business networks that laundered gang money through different front companies. “We can’t forget that fighting against the finances of organized crime is everyone’s duty,” said Douglas Meléndez, Salvadoran Attorney General. “Preventing weapons from reaching Central American gangs is the only way to disrupt criminal organizations and keep drugs out of the reach of our youth.” Technical cooperation The results not only demonstrate the success of these operations, but also those of others. So far in 2018, FNES seized more than 7,000 kilograms of drugs. The support from different U.S. agencies that fight narcotrafficking has been crucial to improve results. “Our Trident Task Force (FTT, in Spanish) trains constantly and learns new tactics, thanks to SOUTHCOM’s support. This has allowed us to make significant captures since 2015,” said Capt. Merino. Another factor for success is the information FNES receives from the National Electronic Monitoring Center the U.S. helped establish in El Salvador in June 2012. The center tracks suspicious vessels from the time of their South American departure until entry in Salvadoran waters. “This allows us to keep close and effective communications with FTT until we can seize and detain the criminals,” Army Major General Félix Núñez, head of the FAES Joint Chiefs of Staff, told Diálogo. “It’s important to emphasize that FTT is active around the clock to safeguard our sovereignty,” Maj. Gen. Núñez said. “FTT is considered an example of hard work in the region.” SOUTHCOM’s support is constant. In 2017, 361 PNC officers received a specialized training course in areas such as intelligence-led police surveillance, community relations, and complex investigations. More than 280 police units also trained in asset seizures, advanced investigation, and testing skills, strengthening the effectiveness of criminal justice procedures and practices.last_img read more

Off-the-rack, ill-fitted marketing messages? One-size-fits-all is old fashioned


first_imgMember product histories: Piggybacking on a member’s move, you can deliver personalized messages to promote a home renovation loan or an upcoming homeowners’ webinar. New car buyers may be interested in a special discount on a vehicle extended warranty.A word of caution: When marketing with variable data, be sure to check your data carefully and have confidence in its integrity. Personalization matters more than the message subject, its appearance or the offer. If it’s sent to the wrong recipient, it could embarrass your credit union or, worse, offend a member.Today’s consumers can quickly spot a one-size-fits-all marketing message – and just as quickly hit delete. To gain their attention, get personal. Identify the right members to target, as well as their wants and needs. Whether you segment targeted groups or personalize individual messages, variable data can help. A report by Merkle, a CRM agency, notes 74 percent of consumers prefer to receive promotional messages by email. You need a modern approach to capitalize on members’ continuing fondness for this channel. 12SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr,Jesse Boyer Web: Details Remaining loan balances: You can adjust email content to reflect appropriate purchase suggestions based on a member’s credit card or home equity balance.center_img One-size-fits-all might work for bike helmets and wrist watches, but it’s not the right fit for today’s marketing campaigns. Enhance your style with the benefits of variable data. When paired with current technologies, it can deliver a more tailored and personalized approach to effectively connect with your intended audience.Variable data in printing allows you to change out text and graphics based on member demographics, and the same concept works with email. Information about members stored in your credit union’s database can be used to send messages with dynamic content, personally targeting each recipient.Consider these facts:According to Forrester Research, 838 billion marketing messages were sent last year. You need an innovative strategy to stand out in this crowd.  As DigitalMailer has reported before, nearly half of all emails today are opened on mobile devices – many on cell phones. You need a plan that incorporates mobile optimization. Adding variable data into your marketing mix can help your credit union create adaptable and relevant “1:1” marketing offers – a winning approach in today’s tech-savvy, tech-dependent world.Engaging a digital marketing partner to help integrate variable data fields allows for customized outbound promotional and educational campaigns. With the right expertise, it can be done through data-mining programs and dynamic message tagging – offering far more than simply adding a first name to the salutation.Here are some of the data variables DigitalMailer’s clients turn to for email marketing success:Age: Based on the email recipient’s age, you can change ad images to reflect the correct demographic.last_img read more

Hawaiian unveils new A321neo cabin


first_imgHawaiian Airlines has unveiled a new cabin for the trans-oceanic Airbus A321neo aircraft that promises to transform its operations.Hawaiian is set to take delivery of 18 of the 4,000-nautical mile range jets by 2020, with the first neo slated for delivery later this year.The three-cabin neos— featuring 16 Premium, 45 Extra Comfort and 128 economy class seats from B/E Aerospace —and will be powered by new fuel-efficient twin Pratt & Whitney PurePower 1133G-JM engines.The longer-range narrowbodies will ply the skies between the islands and the US West Coast.That frees up more of the airline’s widebody A330-200s for high-capacity, deep continental U.S. duties and international flying.Narrowbody Boeing 717-200s will continue to link Honolulu with Hawaiian’s ‘neighbor-island’ markets.Hawaiian’s been on a product improvement roll of late, adding new amenities and aircraft at a relatively rapid rate.UK-based JPA Design is crafting the neo’s interior with an “Earth, Sea and Sky” motif.JPA executive Tim Manson says the cabin “draws inspiration from Hawaii’s rich past and contemporary present. Symbolism from Hawaii’s story is woven throughout the cabin interiors.”Less poetically, all three of the A321neos’ cabins are fitted with high-power USB outlets.  Premium and Extra Comfort passengers have access to an additional AC power outlet.The premium cabin will be fitted with leather recliners while the 45 Extra Comfort seats will offer an extra five inches of leg room, priority boarding and other perks.New for Hawaiian passengers will be wireless streaming inflight entertainment available on personal devices after an application has been downloaded before boarding the aircraft.Passengers will be able to enjoy a wide selection of complimentary movies, TV shows, and Hawaii content available exclusively through the airline’s Hawaiian Skies channel.Holders for personal hand-held devices and tablets will be integrated into the tray tables of the premium cabin, as well as the first row of Extra Comfort, and built into the backrest of all other seats in the aircraft.Lots of Hawaii-bound flyers would rather forget about business for a while.That’s why new pivoting overhead bins come in handy, the better to stow vacation gear.last_img read more