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HC to frame issues on April 7 on probate suit on Thackeray will

hcThe Bombay High Court said it would frame issues on April 7 on the plea made by Shiv Sena president Udhav Thackeray seeking probate of the will of his late father Bal Thackeray, and also on the application filed by his brother Jaidev, opposing the probate.

A probate petition is filed to get the will of a deceased person certified by the court. The matter came up before Justice RD Dhanuka, who granted time to both the sides for filing additional documents.

The legal dispute between the brothers is over the distribution of family property which includes bank deposits and Thackeray’s bungalow ‘Matoshri’ in Bandra.

Uddhav, anointed as the party’s Executive President by his father in his lifetime, moved the Bombay High Court to probate Bal Thackeray’s will this month. The Sena patriarch died on November 17, 2012.

But the probate petition of Uddhav has been now converted into ‘a testamentary suit’ as Jaidev, who has not been left any share in the property by the will, has opposed it. Bal Thackeray’s estate, as per the will, includes property and bank deposits, collectively worth Rs. 14.85 crore.

Jaidev, the estranged son of Thackeray, has contested the will, saying that the property is worth much more, and the bungalow itself is worth Rs. 40 crore.

Under the will, Bal Thackeray has given the first floor of the bungalow to his grandson Aishvarya, the son of Jaidev and his divorced wife Smita. The second floor has been bequeathed to Uddhav and his sons Aditya and Tejas. The ground and third floors have been given to Uddhav.

But it gives no share to Jaidev and Madhavi, the widow of Thackeray’s eldest son Bindumadhav who died in a road accident some years ago. Madhavi has not contested the will.

Former Sena MP and senior advocate Adhik Shirodkar, lawyer Anil Parab, architect Shashi Prabhu and Ravindra Mhatre, former personal assistant to the late Sena supremo, have been named executors of the will. Dr. Jalil Parkar, his personal physician, is the witness in whose presence Thackeray signed the will.

There should be no toll collection, Navi Mumbai mayor says

Mumbai-mayorWith anti-toll protests simmering in Maharashtra, the mayor of Navi Mumbai has joined the chorus for doing away with the system of collecting toll in the state.

“We are against the toll system. There should be no tolls. These are policy decisions taken by state and central governments,” Navi Mumbai mayor Sagar Dnyaneshwar Naik said.

Sagar Naik is a member of NCP, which along with the Congress party, runs the coalition government in Maharashtra.

Replying to a Magicbricks user, who sought the mayor’s opinion on the toll issue, Naik said some of the infrastructure is more expensive in the state and there are many sectors that need development. When we have developed many concrete roads in the city, toll system is not required, he further added.

Anti-toll protests 

Suspected MNS activists had vandalized toll posts in at least eight cities across Maharashtra between Sunday night and early Monday morning, after party chief Raj Thackeray asked workers not to pay toll and “crush” the toll gates.

The toll posts were attacked in Mumbai, Navi Mumbai, Thane, Kalyan, Pune, Aurangabad, Sangli and Nagpur.

In view of the strong anti-toll sentiments among people, Maharashtra chief minister Prithviraj Chavan had last week assured that the issue of toll collection would be reviewed and a new policy would be announced soon.

“Since no public hearing is taking place and also the whole process of toll is not transparent, there is some anger among the people. (But) If toll is not collected, highways will not be built. There should be a regulatory authority,” Chavan had said, while speaking to reporters.

Demand from transporters 

Terming the toll policy of the government “non-transparent”, an apex transporters’ body AIMTC has also demanded that road contracts on build, operate and transfer structure be brought under the purview of the Comptroller Auditor General of India.

Pitching for replacing the present system with a transparent one, the industry body in a statement asked that appropriate steps be initiated for bringing the road contracts on BOT basis under “CAG scanner and the lapses, leakages and unmindful concessions to the private players be curbed in the interest of people of the country.”

MNS Workers Vandalise Bandra-Worli Sea Link, 16 Arrested

MNS-WorkersWielding sticks and hurling stones, hordes of MNS workers today vandalised a toll plaza at the iconic Bandra-Worli Sea Link, even as the state’s police chief said their leader Raj Thackeray’s “provocative” speech that triggered the violence was being examined. Undeterred by warnings of action, over 50 MNS workers arrived at toll booth on the sea link in cabs, threatened the staff, ransacked it and damaged glass windows, a day after damaging over a score toll plazas across the state.

16 MNS workers were later arrested for unlawful assembly, rioting and deterring public servant from discharging duty, Assistant Commissioner of Police S Kolekar said.

Droves of MNS workers have attacked over 20 toll collection centres in Mumbai, Thane, Pune, Nashik, Jalna and Aurangabad since the Sunday night speech of Thackeray in Navi Mumbai where he asked them not to pay the levy and “thrash” those who demand.

“Aadveaale tar tudvunkadha” (if anyone raises a voice, thrash them). Unless you are told why toll is being levied, no one will pay,” Thackeray had said.

In no time, MNS workers, known for their strong arm tactics, were on the streets, brandishing wooden poles and iron rods, pulling down barriers, smashing toll plazas and setting them on fire.
Party MLA Pravin Darekar and 31 of his supporters were yesterday arrested and later released on bail for attacking a booth at Dahisar.

Meanwhile, state’s Director General of Police Sanjeev Dayal has said the alleged speech made by Thackeray that set off a series of violent incidents is under examination.

“We are examining Raj Thackeray’s speech from the legal point of view. We will see if we can take legal action (against Thackeray),” said Dayal.

Deputy Chief Minister Ajit Pawar had warned of stern action against those indulging in violence. State Congress chief Manikrao Thakre had demanded action not only against those directly involved in the violence but also those who incited it.

MNS has been demanding that toll collection be done away with as the government is continuing with the practice despite recovery of the cost involved in constructing roads and bridges without providing improved facilities.

Adarsh Society seeks papers from MoD over land ownership claim

adarshThe scam-hit Adarsh Housing Society today sought from the Defence Ministry, documents supporting its claim of ownership of land in posh South Mumbai where the 31-storey building stands, failing which they threatened to launch a hunger strike. In a letter to Union Defence Minister A K Anthony, the Society members urged him to furnish documents or make it public within a month or else face agitation.
“All these days, the Defence Ministry has been indulging in a malicious drive of misleading the country and denying to part with documents pertaining to title of the land in question. We call upon you to do so and submit copy of the documents showing title of the land,” the letter states.
Asking the minister to come clean on the issue of ownership of the land, the letter says, “You (Anthony) and your department have been wrongly blaming us for grabbing defence land meant for Kargil war veterans and widows. But did you as a minister before claiming title over the land in question, make enquiries or see any of the documents which present a totally different picture regarding the status of the ownership of the land?”
Some of the documents relied upon by the Society include a December 1958 letter written by the Army to the Maharashtra government seeking for transfer of unclaimed land in Block VI of Colaba where Adarsh building stands; the state government’s reply to the letter in February 1964 refusing to transfer the land and letter from the army headquarters conveyed to the local military authorities asking them to drop proposal of transfer of land.
“Despite all these documents and the judicial commission’s finding that the land belongs to the Maharashtra government, the Ministry is not ready to accept the truth. You are now called upon to furnish documents supporting your claim,” the letter said.
The Society has asked the minister to furnish any document showing that the Ministry of Defence had acquired the land, possession certificate and title documents if any.
Levelling allegations against former Army Chief V K Singh, the Society said, “General V K Singh has misguided you (Anthony) to settle his personal scores with General Deepak Kapoor. You have been merely toeing his line without checking the facts.”
The letter is signed by the managing committee of the Society comprising eight persons including R C Thakur, retired brigadier T K Sinha and former MLA KanhaiyalalGidwani’s son Kailash.

Nirupam seeks reforms in power distribution scenario in Mumbai

NirupamAICC Secretary and Mumbai North MP Sanjay Nirupam demanded introduction of power reforms to end the monopolisation of purchase and distribution of electricity.

Nirupam, who had recently undertaken a four-day hunger strike to demand reduction in power tariff in Mumbai, said the power reforms must address issues of functioning, costing, pricing of discoms (distribution companies) like RInfra and TATA so that consumers become ultimate beneficiaries of privatisation of the power sector.

In a letter to Chief Minister Prithviraj Chavan, Nirupam said the government must take steps to revamp the constitution and functioning of the regulator/appellate authority.

He urged Chavan to resolve the demands, including that of scrapping of various charges in the electricity bills, extending subsidy to electricity consumers of Mumbai and audit of the discoms.

“Your initiative to provide relief to more than 26 lakh electricity consumers will go a long way in alleviating the sufferings of the common people of Mumbai,” he said adding that the government should work towards providing relief to the electricity consumers, especially those of RInfra.

He alleged that there was a nexus between the regulator and RInfra and demanded a thorough investigation by appropriate agency to unearth complicity between them.

In the absence of any real competition in suburban Mumbai, there is absolutely no justifiable reason why there is an inordinate delay in approving the request of 8 lakh consumers to switch to TATAs by the appellate authority, he said.

“Why should Reliance object to the migrations and why should any authority entertain the objections,” he asked.

Activist to go on fast for protesting against illegal demolitions

demolitionS. Peter Paul Raj, the founder and managing Trustee of Good Samaritan Mission has taken an initiative to oppose the demolitions in city by observing a ‘One Day Token Fast’ at Azaid Maidan on 30th January coinciding with the death anniversary of Mahatma Gandhi.

Peter Paul Raj and his associates condemned the demolitions and said that ‘Demolitions are a National Loss’, and a threat to the stability of society. In addition, he and his associates are of the opinion that the present ‘Systems of Contractual Labour are Equally Hazardous’ as has been prove time and again.

According to Peter Paul Raj, “The intention of our NGO is not to interfere with the normal working of Maharashtra government. The only intention is to find a way to stop this unwarranted loss. In future such mistakes won’t be repeated.”

The mission plans to network with social workers working for other NGO’s, individuals who support this vision and affected people. We also aim to create awareness by visiting the societies not to buy the flats which are illegal as they may have to undergo heavy losses due to demolition.

When asked why he had opted for a one day hunger strike Peter Paul Raj replied, “We want make people aware about the loss of property within a day. If we receive good response from public then I might go for an indefinite protest to providing justice to the common man. The government should form a committee for monitoring illegal development so that nobody incurs loss due to demolition activities.”

Gay sex still criminal: Supreme Court refuses to review verdict

Gay-sexThe Supreme Court said that it will not review its controversial order that made gay sex criminal. The December verdict had drawn sharp criticism internationally for failing to protect fundamental individual rights.

The top court had stated that only parliament could change the law, by deleting Section 377- a colonial-era statute of the Indian Penal Code which bans sex “against the order of nature”- is constitutionally valid.

The Centre and gay rights activists had appealed against the Supreme Court’s decision. But judges today said they saw no reason to interfere with the order.

Now, the union government has two options: it can either file a curative petition in the Supreme Court, or it can try to amend the law in Parliament.

A curative petition, the final appeal in the legal process, is heard by the Supreme Court’s senior-most judges including the Chief Justice of the country.

Amending the law in parliament will be tough for the government. The main opposition party, the BJP, has said it backs Article 377.

The next parliament session, starting February 5, lasts 11 days, and is the last time Parliament will meet before the national election, due by May.

In 2009, the Delhi High Court exempted gay sex between consenting adults from the ban imposed by Section 377. That verdict was the result of a case brought by the Naz Foundation, a sexual rights organization, which fought a legal battle for almost a decade.

Different religious groups appealed against the Delhi High Court’s decision in the Supreme Court, which ruled in their favour.

The Supreme Court bench, headed by G.S. Singhvi on his last day before retirement, found the High Court had overstepped its authority and that the law passed by the British in 1860 does not violate the Constitution.

Several hundred gay activists had protested the verdict in Delhi, waving rainbow flags and chanting slogans for freedom.

Jan Lokpal Bill likely to be passed in next Cabinet session: Sisodia

SisodiaDelhi Education and Urban Development Minister Manish Sisodia on Tuesday said that the state government is likely to pass the Jan Lokpal Bill on Friday in their next cabinet meeting.

“We had discussions on Lokpal as well. But we haven’t received the formatted draft from the Law department. If we receive the draft by Friday, we will pass it in the Cabinet meeting on Friday,” he told media after the Cabinet meeting.

“We also had discussions on how to use home guards, civil defense personnel for the Women’s Safety Committee, which will be set up. The Cabinet has approved a CAG audit on Delhi Integrated Multi-Modal Transit System (DIMTS), a transport and infrastructure development company. This is an important decision,” he added.

Kejriwal-led Aam Aadmi Party (AAP) has completed one month in office today. He was sworn in as the Chief Minister of Delhi on December 28 at the Ramlila Maidan.

Predicting Stalin’s death led to Alagiri’s suspension: Karunanidhi

karunanidhiDMK chief M Karunanidhi on Tuesday explained the reason behind the sudden suspension of his son MK Alagiri from the party for indiscipline.

Karunandihi said Alagiri used “harsh words” against his younger brother MK Stalin.
“He even said Stalin would die in few months. How can a father tolerate this? I don’t know why Alagiri has nurtured hatred against Stalin,” the DMK chief was quoted as saying.

Importantly, he also indicated that Alagiri’s suspension would not revoked very soon and said that the party would take a call on the issue.

Karunanidhi’s statement confirms the view that Alagiri’s suspension, on January 24, from all party posts and primary membership, was not just because he was opposed to the DMK-DMDK alliance.

Stalin, who has been engaged in a tussle with Alagiri over control of the party, had denied any rift with his elder brother and described the action as a party affair.

On his part, Alagiri had accused the party of muffling democratic voices. He said democracy was dead in the party and questioned why no action was taken against his younger brother M K Stalin’s supporters for pasting posters hailing him as future party president.

Alagiri said he was being “rewarded” for seeking justice on certain allegations made by some workers regarding internal elections in the party headed by his father M Karunanidhi.

Congress-NC coalition on verge of split, Omar Abdullah may resign

Congress-NCThe ruling coalition between the Congress and the National Conference (NC) in Jammu and Kashmir may split amid indications that Chief Minister Omar Abdullah was considering resigning following sharp differences between the two parties.

The state leadership of the Congress is stonewalling Omar’s cherished scheme of creating some 700 new administrative units in the state ahead of the April-May Lok Sabha polls and the scheduled Assembly elections in October- November this year.

This has set the two parties on a collision course and efforts to resolve the stand-off have failed despite a meeting attended by AICC General Secretary in-charge of the state Ambika Soni, State PCC Chief Saifuddin Soz, Union Minister Ghulam Nabi Azad and Omar here yesterday.

NC sources said an upset Chief Minister was thinking of stepping down because the state Congress appeared determined to “sabotage” the scheme that it feels will benefit NC in the upcoming elections.

If Omar, who has headed the coalition that has ruled for the last five years, resigns, the NC may push for advancing the Assembly polls and holding them along with the Lok Sabha elections. His resignation may pave the way for a spell of Governor’s rule in the state.

Omar had met Congress President Sonia Gandhi last week over the issue and Congress sources said later that she was in favour of the issue getting resolved soon. But no progress had been made thereafter.

A senior leader of the state Congress said that the party was opposed to the creation of administrative units without thinking of financial implications of the proposal. Moreover, it had to be ensured that there was equitable distribution of the units in various regions of the state.

This is countered by the NC which points out that the last Congress Chief Minister of the state Azad had created eight new districts. An administrative unit was much smaller than a district.