13042017-TTC-01.qxd 4/13/2017 1:19 AM Page 1 13 established in 1881 thursday,april 13, 2017 chandigarh | gurgaon | jalandhar | bathinda | jammu | srinagar | www.tribuneindia.com | vol. 137 no. 101 | 24 pages | ~4.50 | regd. no. chd/0006/2015-2017 /thetribunechd /thetribunechd Delhi HC:Tata high-rise in Sukhna’s catchment area Sarkar Raj Cancels project clearances by Punjab, Nayagaon panchayat R Sedhuraman CRUX OF THE RULING Legal Correspondent Haryana Chief Minister ML Khattar listening to the grievances of people during his weekly Janata Durbar in Chandigarh on Wednesday. The CM, as usual, had a busy day, but got unusually irritated. Some waiting Panchkula students were left a disappointed lot. PTI INSIDE New Delhi, April 12 The Delhi High Court today ruled that Tata Camelot’s proposed high-rise township in Mohali district was in the catchment area of Chandigarh’s Sukhna Lake and cancelled all clearances granted by the Punjab Government and the Nayagaon Nagar Panchayat. A Bench comprising Chief Justice G Rohini and Justice Rajiv Sahai Endlaw directed the Punjab Government to reconsider the project in the light of the finding that it was in the catchment area. If the state government decided in favour of the project again, Tata Housing Devel- ■ The area over which the project is proposed forms part of the catchment area of Sukhna lake ■ The permission dated July 5, 2013, by the Nagar Panchayat, Nayagaon, to Tata HDCL is invalid ■ The company may apply to the Centre for eco clearance under the tougher category ‘A’ projects ■ State environment impact assessment authority not in conformity with the Centre’s notification dated September 14, 2006 opment Company Ltd (Tata HDCL) would have to obtain afresh environmental and other clearances from the Centre required for projects falling under the tougher Category A, aimed at protecting the eco-system. The verdict has placed the 52-acre project of Tata Housing Development Company Ltd (Tata HDCL) in jeopardy. The project site is right behind the Capitol Complex on the periphery of the Union Territory. The High Court held that the clearances given to the project were not in consonance with environment and town planning laws, rules and regulations. The Bench had reserved its judgment on October 9, 2015, after hearing marathon arguments by senior advocate PS Patwalia and senior advocate Gopal Subramanium, who represented the company. Petitioners Sarin Memorial Legal Aid Foundation and advocate Aalok Jagga had contended that though the continued on page 12 Fuel price to change daily in Panel: ~42 cr, 10 yrs SC: Settle SYL or we decide UT, 4 other cities from May1 tofixAOL‘damage’ Asks Centre, Punjab, Haryana to finish talks ‘as soon as can be’ Satya Prakash New Delhi, April 12 Public sector oil companies will launch a pilot project next month for daily revision of petrol and diesel prices similar to other commodities that reflect a daily rate, taking away the sensitivity of a fortnightly price revision at present. Five cities, including Chandigarh, Puducherry, Visakhapatnam, Udaipur and Jamshedpur, will initially be covered under the pilot scheme from May 1. Public sector oil companies are working out the modalities of the dynamic pricing or daily revision and an official announcement is expected soon. Indian Oil Corporation (IOC), Bharat Petroleum Cor- poration Ltd (BPCL) and Hindustan Petroleum Corporation Ltd (HPCL), which collectively own over 95 per cent of nearly 58,000 fuel stations in the country, will revise the prices of fuel daily in five select cities from May 1 and gradually extend it to all over the country. Sources said the oil companies review the global crude oil and foreign exchange movement on a daily basis at present also, but the revision is done every fortnight. The companies said they had the wherewithal to move towards a daily revision of prices. A daily revision of fuel prices will be less volatile and more accurate, taking away EC’s open dare to hack EVMs next month 4 kids run over by speeding SUV New Delhi, April 12 The Election Commission today threw an “open challenge” to people to hack its electronic voting machines (EVMs), a move which comes after Opposition parties urged it to revert to the paper ballot system raising doubts over infallibility of the machines. “From the first week of May, experts, scientists, technocrats can come for a week or 10 days and try to hack the machines,” an official source said. They said the challenge would be open for a week or 10 days and will have various levels. The Election Commission had announced a similar challenge in 2009 and it claimed no one could hack its EVMs. — PTI the sensitivity of a fortnightly revision, which sometimes gets affected during elections or political considerations. Petrol and diesel in that sense become similar to all other commodities that reflect a daily price. With this, deregulation moves to a new level with automatic revision. Ajay Bansal, president, All India Petroleum Dealers’ Association, said they had demanded dynamic pricing on an automatic basis by companies and not manually by petrol stations. He said changing rates manually at every fuel station would be cumbersome and sought automatic changes through technologydriven processes. —TNS New Delhi, April 12 Restoration of Yamuna floodplains, ravaged due to a cultural extravaganza organised by Sri Sri Ravi Shankar’s Art of Living (AOL) last year, would cost ~42.02 crore besides additional ancillary expenses, an expert committee has told the National Green Tribunal. The expert panel has suggested that there would be two components of rehabilitation plan — physical and biological — and they would cost ~28.73 crore and ~l3.29 crore, respectively. Elaborating the timeline and the mechanism to be undertaken to ensure revival of the riverbed, the seven- The Bolero which crashed into wall of a house after running over six persons on Wednesday. VISHAL KUMAR Amritsar, April 12 Six persons, four of them children, were today run over by an SUV which then crashed into a house in Dashmesh Nagar village on the Mehta-Jandiala road. The children were playing under a roadside tree outside their homes where two migrants were selling eatables. The driver of the Mahindra Bolero (PB02-CR-2889) was identified as Harbhajan Singh of Anngarh area. He was said to be drunk. The vehicle owner, Jail Singh Gopalpura, chairman of the Gopalpura Zila Parishad, was in the vehicle too. Both were caught by local residents and handed over to the police. J Elanchezian, SSP said the driver had , been sent for a medical examination. Eyewitnesses said the vehicle was being driven at a dangerously high speed. Five of the deceased were identified as Jobanjit (10), Gurpreet Singh (11), brothers Gurinder Singh and Balwinder Singh and Ramesh Kumar of Fatehabad. Three kids sustained injuries. — TNS member panel said the physical component should be taken up immediately and completed in two years while the biological aspect should be initiated simultaneously, which would take 10 years. The rehabilitation of the floodplain would also require funds to meet the expenses of a team of experts for the next 10 years along with the cost of transportation of material outside the riverbed. “These estimates are approximate,” the panel headed by Shashi Shekhar, Secretary of Ministry of Water Resources, said. The AOL foundation alleged that the findings were “biased”. — PTI Capt: I will not meetCanadian ministerSajjan Chandigarh, April 12 Punjab CM Capt Amarinder Singh today said he would not meet Canadian Defence Minister Harjit Sajjan during the latter’s visit to India later this month. In an interview with a Delhi-based TV channel, he dubbed Sajjan as a “Khalistan sympathiser.” The CM claimed five ministers in the Trudeau government were Khalistanis and would have truck with neither. “These Khalistani sympathisers had last year prevailed upon the authorities to block my entry into Canada. I only wanted to meet my Punjabi brethren there,” he said. In protest, Amarinder had written a letter to the Canadian PM and later refused to meet the Canadian High Commissioner in India. — TNS Gender not a ground for lenient punishment: SC Says women at times surpass men in criminal world | Restores 2-yr jail term of HP woman for murder bid Satya Prakash Tribune News Service New Delhi, April 12 Noting that women were at times surpassing men in the criminal world, the Supreme Court has said gender cannot be a ground for leniency in punishing a convict. “Women are competing (with) men in the criminal world; they are emulating them in all the crimes; and even surpassing men at times… Therefore, concept of criminal justice is not necessarily synonymous with social justice,” a Bench headed by Justice AK Sikri said. It set aside an order of the Himachal Pradesh High Court which had reduced the sentence of the woman convict with three minor children in an attempt to murder case from two-year imprisonment to a fine of Rs 30,000. It restored the two-year jail term, saying the trial court had taken a lenient view. Noting that the Supreme Court has in the past used gender as a relevant consideration in awarding punishment, the Bench said it would depend upon the facts of a particular case. “For example, where a woman has committed a crime being a part of a terrorist group, mercy may not be shown,” it explained. While the Indian Penal Code provides discretion to judges while awarding the sentence, the court will undoubtedly have regard to extenuating and mitigating circumstances. However, the Bench said: “There was no reason to show any further mercy by the HC. Further, removing the element of imprisonment altogether was, in any case, erroneous in law,” it said, restoring the punishment by the trial court. “In many countries, gender Today’s issue is of 24 pages, including four-page Jalandhar Tribune. is not a mitigating factor. Some jurists also stress that in this world of gender equality, women should be treated on a par with men even as regards equal offences committed by them,” Justice Sikri noted. In a separate but concurring judgment, Justice Ashok Bhushan said the IPC contained a carefully considered regime of punishment and provision for fine was there only for lighter offences. Tribune News Service New Delhi, April 12 The Supreme Court today asked the Centre, Punjab and Haryana to finish their talks on construction of the Sutlej-Yamuna Link (SYL) canal “as soon as it can be”, saying it will decide the matter if it remained unresolved. At the very outset of the hearing, Solicitor General Ranjit Kumar said the Government of India was very keen to find a solution to the SYL issue. “A meeting has been called at the highest level on April 20,” Kumar told a Bench headed by Justice PC Ghose. “If it is settled, it’s okay. If it’s not, we will hear and decide it,” the Bench said. As senior counsel Shyam Divan, representing Haryana, expressed apprehension about the matter getting delayed, the Bench said: “We do not want to shut the door to an amicable solution. Try to finish it as soon as it can be. It is an execution of a decree passed by this court. It is the duty of every citizen to obey it,” Justice Ghose — who is due to retire on May 27 — said. If the matter is not finally decided by May 27, it will have to be assigned to a new Bench, which would require some time to peruse the records. On behalf of the Punjab government, senior counsel Ram Jethmalani said there was a BJP government in Haryana and the Centre was also ruled by the same party. But he stopped at that without saying anything further. “We don’t go by faces,” the Bench said, posting the matter for hearing on April 27. Amid continued standoff between Punjab and Haryana over construction of the SYL canal, the Centre had on Monday told the top court that it had invited both the states for negotiations to find an amicable solution to the vexed issue. Chief Secretaries of both the states are likely to hold talks with the Union Water Resources Secretary in New Delhi on April 20.
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