For the first time in the history of Nagpur Bench of Bombay High Court, the bench consisting of Justice PB Varale and Justice ZA Haq held an on camera open court session for the Suo Moto Vs Satish Mahadeorao Uke case on February 22, 2017.
A Suo Motu Criminal Contempt Petition No. 7 of 2016 is registered against the 39-year-old advocate and respondent Satish Mahadeorao Uke – on the directions given in the judgment given in Civil Revision Application No. 26 of 2016 decided on 6th June, 2016 by Honourable Justice RK Deshpande. In spite of the opportunities granted, Uke failed and avoided to file an affidavit on one pretext or the other and filed miscellaneous applications. Ultimately, on 8th February, 2017, the court initiated proceedings for criminal contempt against Uke. The court told Uke to submit his explanation on why he should not be punished for the charges framed against him.
On February 22, 2017, an open court trial was conducted on camera, wherein instead of filing his reply Uke filed Criminal Application No. 7 of 2017 praying that Justice PB Varale should recuse himself from hearing the suo motu criminal contempt petition. Furthurmore, he filed Criminal Application No. 8 of 2017 praying that Justice ZA Haq should recuse himself as well.
After reading the title of the applications both Justice Varale and Justice Haq saw the prayer clause and on reading the prayer clause, both of them consciously decided not to read the averments made in the applications as both felt that such applications cannot be entertained.
Justice Varale and Justice Haq stated that the filing of such application before the Judge hearing the matter cannot be permitted. If it is permitted it would not be possible for any Judge to hear any matter as one of the party will choose to file such application.
Uke said that he has already submitted applications dated 29th August, 2016, 23rd January, 2017, 30th January, 2017 and 18th February, 2017 to the Honourable Chief Justice requesting that the matter be assigned to a Bench of which Justice Varale and Justice Haq are not members. The Court stated that Uke having adopted the proper course by moving applications before the Honourable Chief Justice, it sees no reason to entertain these applications. The court then dismissed Criminal Application No. 7 of 2017 and Criminal Application No. 8 of 2017.
The court said that filing of such applications is nothing but contempt in the face of the Court, especially when it is done with an oblique motive and calculated design to obstruct the hearing of the Suo motu Criminal Contempt Petition No. 7 of 2016.
The court then initiated proceedings and issued a notice to Uke for committing criminal contempt. The court also said that Uke shall explain why he should not be punished for the following charges:
? For indulging in act of vilification by filing Criminal Application No. 7 of 2017 and Criminal Application No. 8 of 2017.
? For scandalising the authority of the Court and for obstructing the administration of justice by filing Criminal Application No. 7 of 2017 and Criminal Application No.8 of 2017.
? For the act of filing Criminal Application No. 7 of 2017 and Criminal Application No. 8 of 2017 which is a calculated design of Bench shunting i.e. creating a situation that the Bench is not in a position to proceed with the hearing of the matter and this is nothing but obstructing the administration of justice.
Uke was told that that he may file his affidavit, if he desires, by March 8, 2017. In addition to that in Suo motu Criminal Contempt Petition No. 7 of 2016 the respondent – Satish Mahadeorao Uke – was directed to furnish cash security of Rs 2,00,000. Also, as another contempt proceedings have been initiated against him and cognizance is taken, he was directed to furnish cash security of Rs 2,00,000 separately by depositing the amount with the Registry of this Court till March 8, 2017.
The following day, i.e on February 23, 2017, Satish Uke filed Criminal Application (APPCP) No.10 of 2017 through his advocate CV Joveson praying for adjournment. Advocate Joveson submitted that the case had been entrusted to him a day earlier and therefore, some time should be granted to enable him to prepare for the case.
The court replying to the request said that on February 1, 2017, it had passed an order and clarified that if the respondent ? Satish Mahadeorao Uke – intends to engage a lawyer, he may do so till the next date i.e. February 8, 2017. It had clarified that the matter will not be adjourned on the request of the lawyer engaged by him on the ground that he is engaged recently. Uke appeared and argued the matter on February 8, 2017 and February 22, 2017 and in the midst of hearing, this request has come. Expressing displeasure the court granted time to the respondent till February 27, 2017.
Responding to another petition – Criminal Application (APPCP) No. 09 of 2017 filed by Advocate Joveson on behalf of Advocate Uke wherein Uke seeked exemption from personal appearance, the court said that the reason stated is not satisfactory and rejected the application. It then issued a non-bailable warrant against Uke to secure his presence before the Court on February 27, 2017 at 10.30 am and stated that if Uke fails to remain present before the Court it will pass orders forfeiting the amount of security deposited by him with the Registry of the Court and will proceed with hearing of the Suo Motu Contempt petition No. 7/2016.
Rushikesh Lohit reigns as numero uno in Rapid Championship; Shaunak Badole tops Nagpur Blitz Championship
Rushikesh Lohit won the Nagpur District Rapid Championship while Shaunak Badole won the Nagpur District Blitz Chess Championship held at Vivekanand Hall, Shraddha House, Kingsway, Near Kasturchand Park in Nagpur.
The championship was organised by Chess Association Nagpur in association with Kalpana Prakash Welfare Foundation and G.H.Raisoni Sports and Cultural Foundation. Muktanand Pendsey finished second in the both Rapid and Blitz Championship. Rushikesh Lohit and Muktanand Pendsey will represent Nagpur in the Rapid Championship and Shaunak and Muktanand will represent Nagpur District in the Maharashtra State Blitz Championship.
Mangesh Kashikar, Secretary, Nagpur District Badminton Association and Vice President of Maharashtra Badminton Association was the Chief Guest who distributed the prizes. Bhushan Shriwas, Secretary, CAN and Kalpana Prakash Welfare Foundation, SS.Soman, Working President, CAN and Amrish Joshi, Chief Arbiter were present on the occasion.
The Top two finishers of Rapid and Blitz Championship were awarded Trophies whereas the players finishing from 3rd to 10th place were awarded Medals in both the championship. In addition to the main prizes, age group prizes were also distributed to top two finishers in each group.
The championship was conducted by Chief Arbiter Amrish Joshi assisted by SNA Swati Kumbhalkar, SNA Amit Tembhurne, Shyam Agrawal, Prayas Amabde and Prathamesh Machave.
Wine connoisseurs come together at Wine and Food Festival 2022 in Nagpur
Wine connoisseurs came together at Wine and Food Festival 2022 in Nagpur, which took place on December 3 and 4. This was the ninth edition. It was hosted by Nagpur Wine Club, and was held at Bhagwati Lawn. The festival was open to all, where people enjoyed wine tasting and lip-smacking food by The Breakfast Story, Nagpur. Nation Next brings you some exclusive photos from the event.
‘Maharashtra government responsive towards issues of traders,’ assures Eknath Shinde
At the outset Dr Dipen Agrawal, President of Chamber of Associations of Maharashtra Industry and Trade (CAMIT) welcomed Chief Minister, Eknath Shinde with a floral bouquet in prominent presence of Krupal Tumane MP, Ramtek and submitted memorandums highlighting harassment of traders by Local Body Tax department across the state under the garb of LBT Assessment. He also appraised about the issue of Nagpur Metropolitan Region Development Authority (NMRDA) and he further brought to the notice of CM about the exorbitant hike in rent by Corporations & their coercive action on traders.
Dr Agrawal on behalf of traders of Maharashtra expressed his gratitude towards Eknath Shinde about Local Body Tax being abolished (LBT with effect from August 2015. Though LBT was abolished in 2015 but the ghost of LBT is haunting traders now and then, department in routine are passing ex-party (best judgement) orders raising inflated and fictitious tax demands and using them to justify continuance of LBT Department. Records from LBT Appellate Authority will evidence the correctness of this statement. He also informed that LBT Department in various Corporation indulged in issuing back dated assessment orders for previous financial years. He appealed to CM that the issue requires his urgent attention, intervention and directions for closure of LBT Department in all Municipal Corporations with immediate effect to ensure ease of doing business in the state and save traders from unnecessary harassment.
Eknath Shinde acknowledged that he is aware of the issue. He assured to discuss the issue in cabinet and ensure that the issue is addressed on priority basis.
Dr Dipen Agrawal informed CM, that since last few years Municipal Corporations across the state stopped renewing lease/license of property leased/licensed by them. In 2019 the state government came up with Maharashtra Municipal Corporations (Renewal of Lease or Transfer of Immovable Property) Rules, 2019. These Rules were strongly opposed by trade associations. However, after its implementation the litigation between the lessee/tenants and Corporations went to court added Dr Agrawal.
After great persuasion by the then LOP, you as minister for UDD agreed to the demand to put the notification dated 13/09/2019 in abeyance and review the exorbitant annual rent at 8% property value and fix the annual rent acceptable to all stakeholders.
After the issue was raised on the floor of the house, the State government stayed the operation of notification dated 13/09/2019 and constituted a committee of government officers to review and fix fresh rent. When we approached few members of the committee to submit our suggestions’ we learnt that the committee is of opinion that the notification in question does not apply to the Licensee holder.
Hence, in the background of above facts and circumstances Agrawal requested CM, to intervene and have the pending notification issued and fix the rent at 0.5% of Ready Reckoner value for residential & 1% for commercial lease holder Galedharaks . He further requested to notify similar rules and frame a single policy for the Licensee Galedharaks across the state and in cases where shop/otta is licensed by Corporation the annual rent be fixed at the rate of 2% of value as per ready reckoner and as the lease/license fee will be calculated on ready reckoner the clause of periodic increase dose not survive also the lease / license should be transferable and transfer fee to be charged equal to one month rent/fee for transfer within blood relation and equal to three months’ rent/fee for transfer outside blood relation and the agreed new lease rent/license fee to be made applicable prospectively and not retrospectively.
Eknath Shinde said that the issue is under active consideration and assured to look into the matter and discuss with Chief Minister, Eknath Shinde to resolve the issue to the satisfaction of all stakeholders.
Dr. Dipen Agrawal further informed Eknath Shinde that the first notification declared 5 Km area touching outer limits of Nagpur Municipal Corporation (NMC) as Nagpur Metro Region issued in 1995 which was thereafter increased time to time to present limit of 25 Km from boundary of NMC. In 2010 Nagpur Improvement Trust (NIT) was entrusted with responsibility of Special Planning Authority for Nagpur Metro Region the limits. In 2012 NIT passed resolution for preparing development plan for Metro Region and published Draft Development Plan (2012-2032) calling objection and suggestions, in the year 2015. In 2017 Nagpur Metropolitan Region Development Authority (NMRDA) was established. In 2018 Final Development Plan (2012-2032) for Nagpur Metro Region was sanctioned and notified. NMRDA action is based on following three main reasons:-
1) Side margins are not as per 2012-2032 DCR; Dr. Agrawal highlighted that majority of units i.e., 59% were established before the 2012-NIT resolution and 85% were established before the first publication of 2015-Draft Development Plan (2012-2032), and pointed out that it is unjust on part of NMRDA to expect these units to maintain the margins prescribed in DCR (2012-32).
2) Building plan/ Non-agriculture use is not sanctioned by competent authority; Dr. Agrawal pointed out that under MRTP Act the power to change use of land is can be delegated to Thasildar and powers to authorise development to Gram Panchayat concerned. Invoking these powers Thasildar was approving and sanctioning NA Permissions and Gram Panchayat was sanctioning Building Plans. The units in good faith have taken these permissions from them and further submitted to other Government agencies.
3) Land earmarked for purpose other than industrial/commercial; MRTP Act provides for survey and preparing ‘existing-land-use’ map by Planning Authority after its declaration of intention of preparing a Development Plan. It is surprising to note that the area of many units established prior to declaration of intention of preparing Development Plan is not classified under industrial/commercial zone.
Dr. Dipen Agrawal humbly requested CM to grant an Amnesty Scheme for regularization wherein interest & penalty would be waived and also direct the authorities to notify that the MSME units established prior to 06/01/2018 (the date on which the DCR 2012-2032 for Nagpur Metropolitan Region was notified) should be saved from the provisions of the said DCR.
Eknath Shinde said that the government is sized with issue and assured to resolve the matter in the best interest of all stakeholders.
Dr. Dipen Agrawal, President-CAMIT on behalf of business community of the state expressed his gratitude towards Eknath Shinde, Chief Minister, Krupal Tumane, Member of Parliament, Ramtek for being sensitive towards the issues of trade & industry of the state.