Hyderabad: The TS government on Thursday told the Hyderabad High Court that it would take up the irrigation works under the Kaleswaram lift irrigation scheme only after obtaining the required environmental clearances. TS advocate-general D. Prakash Reddy, putting forth his arguments before a division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice J. Uma Devi, said that if the environmental clearances were not granted, the project would remain a drinking water project and the water would not be used for irrigation.
The bench, while dealing with the petition of the state government to vacate the stay granted by the National Green Tribunal at Delhi directing the state to stop the work till the clearances were obtained, asked the A-G whether any works has been taken up in the forest area. The A-G replied that the drinking water supply works were taken up in non-forest areas.
He said that though the tribunal granted stay on October 5, the order copy was not prepared till October 22. Mr Reddy said that the technical member of the tribunal retired on October 8, and they believed that the order was prepared only after this. To this, the bench said preparing the order in non-presence of technical members was very serious and asked him whether he would continue his argument on this crucial issue. The A-G said that their main contention was that it was a time-barred petition and the NGT bench at Delhi had no jurisdiction to hear the case in view of the existence of the regional benches of the NGT.
Vedula Venkat Ramana, senior counsel appearing for petitioner before the NGT said that the government cannot question the limitation of time and said that they had moved the NGT at Delhi as there were no members in the Chennai bench. The arguments will continue on Friday.
Ex-minister moves HC to quash case:
Former minister D. Sridhar Babu on Thursday moved the Hyderabad High Court seeking to quash a criminal case registered against him in Chikkadpally police station of the city. The Chikkadpally police booked a case against Mr Sridhar Babu, O. Sudarshan and I. Bhargav, based on a complaint from Kishan Reddy, a TRS worker from Karimnagar, who alleged that the trio had plotted to implicate him in a false case.
To support his allegation, the complainant provided an audio recording, purportedly containing conversation between Mr Sridhar Babu and Mr Sudarshan planning to get him caught in a ganja case. In his petition, the former minister stated that the case filed against him was politically motivated and the government was trying to target him given his growing popularity and appreciation of his sincere work for the people. He submitted that he never indulged in criminal activities and there have never been such incidents in his career. He urged the court to grant stay on investigation of the case.
Cops told to give details of TJAC meet:
The Hyderabad High Court on Thursday directed the TS police to place the details of the permission sought by the TJAC to conduct a public meeting in the name of “Koluvulakai Kotlata on October 31, before it. Justice S.V. Bhatt was hearing two separate petitions, by TJAC chief Prof. M. Kodandaram and another, seeking directions to the police to grant permission for the meeting.
L. Ravichander and B. Rachna Reddy, counsels appearing for the petitioners, told the court that though the application seeking permission for the meeting was made on October 13, till date the police has not taken a decision. They said that it has becoming a practice for the police to reject permission at the eleventh hour. When judge asked how would the word “Kotlata” be understood, senior counsel said that it would understand as struggle and police have any doubt on this, they can seek clarification from the organisers.
B.A. Prasad, counsel for the government, urged the court to grant time to ascertain the decision of the police on the application of the organisers. The judge posted the case to October 30, asking the government counsel to place the details before the court.
NCC plea on bank guarantees rejected:
The Hyderabad High Court has dismissed a plea by the Nagarjuna Construction Company Ltd. challenging the Sembcorp Gayatri Power Limited invoking the bank guarantees it furnished. A division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice T. Rajani of the Hyderabad High Court said, “We see no reason to restrain Sembcorp from invoking the bank guarantees furnished by the NCC, as these are unconditional and unequivocal. The NCC has neither made out a case of fraud vitiating the contract of bank guarantee nor of special equities justifying an order of injunction restraining invocation of the bank guarantees.”
A bench was dismissing the two civil miscellaneous appeals by the NCC aggrieved by the order passed by the XXIV Additional Chief Judge-cum-Commercial Court of Hyderabad. The appellant informed the court that it had entered into agreement with the Sembcorp for execution of certain works for establishment of 2x660 MW power projects and they had furnished Rs 8.5 crore and Rs 4.25 crore as bank guarantee separately.
The appellant alleged that the respondent company made effort to en-cash the bank guarantees on grounds of alleged delay in execution of works. However, Sembcorp contended that it was entitled to en-cash the bank guarantees in lieu of the liquidated damages for the delay. While dismissing the appeals, the bench directed Sembcorp not to en-cash the bank guarantee for two weeks as the appellant desired to move the Supreme Court.
