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Apr 8 9 tweets 2 min read
#SupremeCourt hears an application which objects to the road widening project for the #CharDham yatra.

Adv: whenever there is a diversion of forest land for a non forest purpose, the ecological cost has to be looked into and inspection needs to be minute.
Justice Aniruddha Bose: If you are on mitigation factors then its compensation related

Justice DY Chandrachud: let it come before the expert committee
Advocate: they say they will cut 8,000 trees but says this forest will come in another crown area

DYC J: The committee which NGT has constituted has different body entities like Wildlife warden, conservator for forests etc.

Adv: all of them either centre or state
Adv: they can do compensatory afforestation but let them choose a degraded area for that. they have created 10 different areas which are already forested

SC: We will take note of that and bring it to the attention of expert committee.
Adv: height also, since these are elephant areas, when they cross they need to see the other side and sky
DYC J: Mr Solicitor, its a challenge to the order of NGT, AG had appeared earlier.. petitioners say that NGT has given them liberty to appear for expert committee, he wants some unofficial members along with official members.
SG: Not trusting an officer merely because he is a govt servant would not be a correct approach. someone not from govt may have his own notions and no idea of ground level issues, Please leave it to the chief secretary
DYC J: Let us keep this on Monday. Let Mr Ritwick Dutta suggest some names and you also tell us some expert names.

SG: We are apprehensive since it is not always in environmental interest.
SG: Please have this on Monday

DYC J: We can have Indian Forest institute, forest research institute or forest research management institute. Lets have this on Monday 10.30 am.

#supremecourt

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More from @barandbench

Apr 8
BREAKING: Central Bureau of Investigation (CBI) to file a compliance report before ACMM court with respect to yesterday's order on the look out circular in the #AakarPatel FCRA case.

@Aakar__Patel #cbi #FCRA Image
Mir informs Judge Dharmender Singh who is hearing Aakar Patel's contempt plea about the order of Special CBI Court which stayed the direction of written apology from CBI director and asked him not to leave country without its permission.

@Aakar__Patel #cbi #FCRA
Mir: I have told the court that I will leave without the permission.

Court: In my view give them time to file a reply.

@Aakar__Patel #cbi #FCRA
Read 5 tweets
Apr 8
A Special CBI Court to shortly start hearing the revision plea of the CBI against the order of a Magistrate asking the agency to withdraw its look out circular against Aakar Patel in a FCRA case.

@Aakar__Patel #FCRA #CBI
Advocate Tanveer Ahmed Mir, representing Patel, present in court.

@MirAhmedTanveer
@Aakar__Patel #FCRA #CBI
Hearing to take place before Special CBI Judge Santosh Snehi Mann at Rouse Avenue Courts.

@Aakar__Patel #FCRA #CBI
Read 73 tweets
Apr 8
Supreme Court hearing a case challenging a National Medical Commission inspection report that found a college infra not adequate.
SG Tushar Mehta: Prevented myself from saying something on October report. This time a separate, new team was sent consisting of doctors, neutral.

Counsel for petitioners: [reads regulation that says permission for medical College, renewal]
Counsel: In my SLP, in a case where whole assessment report was carried out by people who are not incompetent.

Bench: Let's see what they say.
Counsel: Kindly see the whole inspection report.
Read 19 tweets
Apr 8
#SupremeCourt to shortly consider an application dealing with judicial officers handling cases against legislators who would be promoted and transferred & would thus need appointment of fresh officers @AshwiniUpadhyay
The application also prays for the permission to Gauhati HC to designate one court of session and one court of JMFC in the district of Kamrup to handle cases against MPs and MLAs
#SupremeCourt
Amicus Curiae Senior Advocate Vijay Hansaria: I have filed a 16th report. It needs to be taken up. There is urgency. for 5 years 2000 cases are pending despite SC orders
Read 5 tweets
Apr 7
#SupremeCourt is hearing plea seeking removal of GST and income tax on the Haj services provided to Hajis of India in Saudi Arabia. The bouquet of services include Air tickets, currency exchange, etc
Adv for petitioner: this is a crucial issue about where the service is consumed. The law says that tax will be levied where the consumer is located and we challenge this aspect
#hajtax
Justice AM Khanwilkar: Consumption theory that you are trying to tell us for a air company not from India, flying from India, then only the proportion of tax will be for the ratio traveled in India. Is it?

Adv: Counsel: airline analogy the services starts from India.
Read 24 tweets
Apr 7
#SupremeCourt is hearing plea seeking clarification that order barring students who joined Round 2 of State or AIQ to participate in AIQ Mop Up round is applicable to ones who joined State Quota Round 2 seat as on March 31 & not to ones who resigned within State of Maharashtra
Justice DY Chandrachud: what clarification is needed?

Adv Singh: there is for the order dated March 31, 2022 as the same only spoke about candidates who had joined SQ Round 2 and AIQ Round 2 were ineligible. ..all of these candidates had resigned before the order of march 31
Maharashtra counsel Advocate Sachin Patil: state quota round had completed on 7th and then they joined and and resigned. Then notice dated march 16 came which said that students who joined the state quota round 2 who could not join AIQ
Read 10 tweets

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