The Bombay High Court today asked Maharashtra government to file its affidavit in response to a PIL seeking a CBI probe against senior police officer Sandeep Karnik who is accused of opening fire at a mob of protesters in Maval near Pune in 2011, killing one woman.

Social activist I G Khandelwal filed the petition seeking the CBI probe after the high court refused to interfere with the state government’s decision to give a clean chit to Karnik.

Khandelwal, in his fresh petition, has challenged the state government’s giving decision to give a clean chit and sought a probe by CBI.

A division bench of Justices V M Kanade and B P Colabawala today directed the government to file its affidavit in four weeks.

According to the petition, Karnik, who was then Superintendent of Police, Pune rural, had opened fire at the mob and it was his bullet that killed the woman.

The government had earlier informed the court in an affidavit that an explanation was sought from four officers and after perusal of their replies a warning was issued to Karnik and disciplinary proceedings were initiated against three police officers – inspectors Ashok Patil and Yashwant Gawari and assistant inspector Ganesh Mane.

According to the government, Karnik had fired two bullets in the air to disperse the crowd and later fired rubber bullets.

On August 8, 2011, police had opened fire on villagers protesting against the government’s decision to lay a closed pipeline to supply water from Pavna dam to the limits of Pimpri-Chinchwad Municipal Corporation. Agriculturists had claimed that they would not get water for their crops if the closed pipeline is laid.

Maharashtra government has decided to revise the development control regulations (DCR) to make them more stringent so that it becomes binding on builders to acquire Building Completion Certificate in a time-bound period, the Council was informed today.

Delay in issue of Building Completion Certificate (BCC) by Municipal Corporation of Greater Mumbai (MCGM) often allows builders to construct additional floors in a structure.

DCR refer to a set of rules formulated by the Mumbai civic body for building activity and development works in areas under its jurisdiction.

The government admitted in the Legislative Council that builders delay in seeking BCC, a key document that declares a new building has been constructed and completed according to all the safety norms and regulations.

Speaking during a calling attention motion in the Upper House, NCP’s Kiran Pawaskar alleged officials of the MCGM are hand-in-gloves with builders and this allows the latter to deliberately delay taking the BCC from the civic body so that additional floors can be constructed.

“The government needs to amend the DCR and make it stringent to ensure there is no threat to residents due to additional construction,” Pawaskar said.

“There are many old buildings that go for redevelopment under Rule 33 (7) and 33 (9) of the DCR. Builders get the partial Occupation Certificate so that they continue to have the right of using additional FSI (construction right) and add more floors.

“To stop this and ensure there is no threat to the lives of existing residents, the government needs to make sure BCC is acquired within a specific period of time,” he said.

Maharashtra government has decided to conduct an inquiry into the use of drones supplied by private firms in Mumbai.

Ranjeet Patil, Minister of State for Home, said in the Legislative Council that the state government will inquire and table a report on the operation of drones in the city.

“While the city is reeling under the pressure of terrorist threat, drones pose a huge security risk.

The government should inquire about drone activities.

It should be noted that drones are banned, but they are still being delivered,” said Shiv Sena MLC Anil Parab.

“Who has received these drones and for what purpose are they using it should be inquired into,” added Parab, who had raised the issue through the point of propriety.

Last year, an unmanned drone was found to have delivered a pizza to a flat in a high-rise at Worli.

Police had written to the pizza outlet to ask if it had taken permission from the police or airport authority to use the drone.

The Bombay High Court warned of contempt action against the Chief Secretary of Maharashtra government and other officers for failure to comply with an earlier order directing them to take various measures to make public roads and footpaths pothole-free.

The high court had on May 20 observed that citizens have a fundamental right to good roads and that it is the state government’s statutory obligation to provide roads which are pothole-free.

The court had then passed several directions to authorities like BMC, Maharashtra State Road Development Corporation (MSRDC), Mumbai Metropolitan Region Development Authority (MMRDA), Mumbai Port Trust which have control over roads in the city to ensure that the potholes are repaired prior to the onset of monsoon and submit compliance report by July 10.

It had also directed all civic bodies in the state, MMDRA, MSRDC and Mumbai Port Trust to provide a mechanism to enable citizens to file complaints about poor condition of roads.

“The facility of receiving complaints shall be made throughout the year. Websites shall be designed in such a way that citizens can upload photos of the roads and also track their complaints,” the court had said.

“Unless there is an effective mechanism provided to the citizens to file complaints they will not be in a position to enforce their constitutional as well as legal right to have well-maintained streets,” it had said.

However, when the matter came up for hearing today before a division bench of Justices A S Oka and Revati Mohite-Dhere it was noted that none of the authorities had followed the high court directives completely.

The bench noted that no redressal mechanism has been set up till date. “We are giving last chance till August 6. If on that day we find there has not been even a slightest compliance of our order then we will initiate contempt proceedings against the Chief Secretary and other officers,” the court said.

The Bombay High Court reserved its order till August 3 on a petition filed by Nestle India against orders of Food Safety Standards Authority of India (FSSAI) and Food and Drugs Administration of Maharashtra banning Maggi as it contained lead beyond permissible limit.

Nestle argued that its product did not contain lead in excess of permissible ceiling and challenged the tests by FSSAI and FDA, while the food regulators asserted that the lead content in Maggi detected during tests in reputed laboratories was harmful to public health.

The order was reserved by justices VM Kanade and BP Colabawala who had asked both the sides to give their consent for a fresh independent test. However, the parties could not arrive at a consensus to the suggestion mooted by HC which said it would pass an order on Monday.

Nestle’s lawyer Iqbal Chhagla said the company was agreeable to the suggestion but the tests should be conducted in the presence of a renowned scientist and the samples available with the company should be used.

Darius Khambata, appearing for FDA, contended that one of the samples must be from the lot collected by state FDA.

“For us, consumer interest is most important this litigation may go on but we feel that the issue should be resolved amicably and therefore we suggested the parties to agree to a fresh independent test,” the bench observed.

“As both the parties have given their say to our suggestion, we shall give an order on Monday on the issue,” the judges said while adjouring the matter until then.

The Nestle lawyer alleged that FSSAI and FDA had not followed the principles of natural justice by not giving a hearing to the company before banning nine variants of Maggi on the ground of lead content in it being in excess of the permissible limit.

Also, though only three variants were tested, the regulators banned all nine variants of Maggi, Chhagla argued. He said there was no substance in FSSAI’s allegation about the company destroying evidence by burning Maggi stock.

“On the contrary, we have acted on the instructions of the food regulators by destroying Maggi product,” he said.

Maharashtra government is working on a proposal to make the state an “educational hub” by encouraging setting up of private universities.

A well-designed mapping of universities is needed to transform Maharashtra into an educational hub, said Vinod Tawde, a state Education Minister.

“Our aim is to set up 25 to 30 private universities in different parts of Maharashtra. I would also like to have a private sports university and a full-fledged university of arts and culture,” Tawde said.

The state government has received letter of intent (LoI) from 35 applicants so far. Bills to establish, incorporate and regulate two universities for development and advancement of higher education ? Sandip University in Nashik and MIT Art, Design and Technology University in Pune – have been introduced in the Legislative Assembly during the ongoing Monsoon Session.

A separate Legislation will be enacted during establishment of each private university, the minister said.

“We will frame strict rules to ensure that establishment of colleges affiliated to these universities are not commercial entities, but impart higher and technical education to boost knowledge sector in the state,” he said.

The government is keen on improving opportunities in higher education with participation and investment by the private sector, he said.

“We plan to encourage formation of self-financed private universities which will help the state to achieve excellence in higher, technical, professional and management education without creating financial burden on state exchequer,” the minister said.

The Shiv Sena joined the Opposition Congress and NCP in Maharashtra Legislative Assembly to demand a Rs. 12,000 crore package to meet out the irrigation backlog in Marathwada region.

Arjun Khotkar (Shiv Sena), legislator from Jalna, complained that Water Resources Minister Girish Mahajan had not mentioned anything in his reply on Marathwada’s irrigation and development that would give relief to people of the region, which is staring at a drought.

Leader of Opposition Radhakrishna Vikhe Patil said the government has made provision of only Rs. 900 crores and it is like rubbing salt on the wounds of people of Marathwada.

He demanded a package of Rs. 12,000 crores to overcome the backlog.

Earlier, replying to a debate on the issue, Mahajan said he would convene a meeting of legislators from the region in Aurangabad next week.

He assured the House that priority would be given to projects that are 70-75 per cent complete.
Health Minister Deepak Sawant announced that a mental health hospital would be opened in Jalna.

Power Minister Chandrashekar Bawankule said solar energy projects would be set up in the region.

However, NCP leader Ajit Pawar took objection to Mahajan’s comment that the Congress and NCP had during their rule done nothing to develop Marathwada.

The former Deputy Chief Minister said the previous government (Congress-NCP) had done all it could.

Some mistakes happened and that is why people voted you to power, Pawar said.