Hyderabad: The TS government on Tuesday assured the Hyderabad High Court that it will constitute the first State Finance Commission within six weeks.
A division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice Abhinand Kumar Shavili was dealing with a PIL by Forum for Good Governance, an NGO of the city, represented by its secretary M. Padmanabha Reddy, seeking to declare the failure of the government to appoint the Commission as illegal, arbitrary and in violation of Article 243-I of the Constitution.
Advocate-general D. Prakash Reddy informed the court that the TS government will complete the process for constituting the commission within six weeks.
Sarasani Satyam Reddy, senior counsel appearing for the petitioner, submitted that Article 243-I of Constitution provides for constitution of the SFC to review the financial position of the panchayats and to make recommendations to the Governor on distribution of the net proceeds of taxes, duties, tolls and fees between panchayats and the state.
He said that despite a GO being in 2015, and representations made by the petition to the state government, the SFC has not been constituted till date. While recording the assurance of the A-G, the bench closed the case.
Info sought on plea for permissions
The Hyderabad High Court on Tuesday directed the TS police to file its counter affidavit by Friday explaining the details of applications received seeking permission to hold rallies and protest meetings so far and rejection of those applications in view of the ongoing Assembly Sessions.
Justice S.V. Bhatt was dealing with petitions by TJAC chairman M. Kodandaram seeking directions to the police to grant permission to hold a public meeting in the name of Koluvulakai Kotlata on October 31 in the city and another petition by TJAC seeking permission to take out Amarula Spoorthy Yatra, a roadshow in the districts.
The judge was also dealing another petition by one Venkat Reddy, seeking permission for the ‘Koluvulakai Kotlata’.
S. Sharath Kumar, special counsel for the government, informed the court that the Rachakonda police had rejected permission for the public meeting on October 28, following which Prof. Kodandaram had made a statement that the public meeting will be organised on the day in the city “at any cost”.
Reacting to the submission, the judge asked counsel for Prof. Kodandaram how he could make such a statement when the matter was before the court.
When counsel said that the petitioner did not make any such statement, the judge said that he had witnessed the statement on television.
The judge told counsel for the government to explain in the affidavit whether the permission was denied on political and religious grounds or on account of the ongoing Assembly session.
With regard to Amarula Spoorthy Yatra, government counsel submitted that the organisers have made a fresh application. The judge asked counsel to file the counter affidavit in this case by Monday.
TS given 1 week to give info on VMH
The TS government on Tuesday sought time from the Hyderabad High Court to file an affidavit proving that the land belonging to the Victoria Memorial Home in Saroornagar of city is government land.
A division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice Abhinand Kumar Shavili was dealing with a PIL by L. Buchi Reddy, president of V.M. Home Orphan Old Students Association challenging the decision of the TS government to lease 10 acres of the land belonging to VMH to the Rachakonda police commissionerate for constructing its headquarters.
Counsel for the petitioner submitted that the Victoria Memorial Home was established by Nizam VI, Mir Mahbub Ali Khan in 1903 with the main objective of educating orphans in the erstwhile state of Hyderabad. He submitted that though the court asked the state government on October 24 to file an affidavit by October 31 proving that the land belongs to the government, it has failed to do so.
Counsel for the state government urged the court to grant time as they need to collect information. While granting a week to the government, the bench adjourned the case.
Notices on polluting factory
The Hyderabad High Court on Tuesday issued notices to the Central and state governments, the Pollution Control Board and My Home Cements directing them to file counter affidavits on a PIL seeking to direct the authorities concerned to close My Home Cements Factory at Mellachervu in Suryapet district.
A division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice Abhinand Kumar Shavili was dealing with a petition by Anuragam Rural Development Society, represented by G. Govind Reddy.
Karunakar Reddy, counsel for the petitioner, submitted that the pollution from the factory was causing several health hazards to the people of the area and a number of cattle has died due to the pollution.
He urged the court to cancel permission to set up the factory in ceiling and assigned lands. The bench granted three weeks to the respondents to file their affidavits.
HC: Why no policy on parking fee?
The Hyderabad High Court on Tuesday sought the stand of the TS government and the GHMC on a PIL seeking a comprehensive policy on collection of parking fee in commercial complexes, cinema halls and at bus stations.
A division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice Abhinand Kumar Shavili was dealing with the PIL by Vijaya Gopal, a resident of the city, seeking to direct the TS government and the GHMC to introduce a comprehensive policy on parking fee.
Yakarapu Sheelu, counsel for the petitioner, reminded the court that it had earlier directed managements of cinema halls, commercial complexes and bus stations not to collect parking fee, but due to failure of the GHMC authorities, huge parking fee was collected in those places in the city.
Counsel submitted that there was no policy with the government on collection of parking fee. The bench issued notices to the state government, GHMC and the DGP directing them to file counter affidavits within three weeks.
GHMC pulled up for library cess
The Hyderabad High Court on Tuesday pulled up the GHMC for non- remittance of the library cess to city Grandhalaya Samastha.
A division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice Abhinand Kumar Shavili, while dealing with a PIL by the Lok Satta, pointed out dereliction on part of the GHMC in remitting the library cess to the Hyderabad City Grandhalaya Samastha.
The petitioner contended that the GHMC has to implement AP Public Library Act 1960, in letter and spirit and remit the library cess amount of '331 crore that was due to HCGS for the years 2006-07 to 2013-14.
After perusing the provisions of the Act 1960, the bench said that it was the duty of the GHMC to remit 8 per cent of the cess to the HCGS. The bench directed the GHMC to file the details by November 14 of the cess collected so far.
