-: Re: [rti4empowerment] Digest Number 1185

Good effort Dr Nutan. If I am not mistaken P N Maurya would be an ex judge of a high court? Looking forward to your further action to get compensated and Maurya punished.

regards n bw

ravi

On Tue, Jul 19, 2011 at 1:42 PM, <rti4empowerment@yahoogroups.com> wrote:

There are 2 messages in this issue.

Topics in this digest:

1. Resisting against Wrong and illegal orders of Authorities- an exampl
From: Nutan Thakur

2. Emailing: Clinton pushes India on nuclear law, market access Reuter
From: Urvi Sukul Singh

Messages
________________________________________________________________________
1. Resisting against Wrong and illegal orders of Authorities- an exampl
Posted by: "Nutan Thakur" nutanthakurlko@yahoo.in nutanthakurlko
Date: Mon Jul 18, 2011 3:01 am ((PDT))

Chairman of State Backward Commission gives an illegal order, says in High Court that he will take it back

There are many occasions when the Constitutional Authorities conduct
themselves completely against the dignity required of their chair and the
status of their post. All such cases send a very bad signal everywhere in the
society.

Here I
present a case related with me at Lucknow. Here, Paras Nath Maurya who is
presently the Chairman of Uttar Pradesh State Backward Class Commission passed
an order deciding validity of a Registry deed and for dispossessing one
peaceful occupant of land which is completely beyond his power and authority. As
is so well known to one and all, validity of a Registry deed, title of a land
and order about dispossessing an occupant are orders which only a Civil Court
is authorized to pass. That too after a proper civil suit has been filed by the
affected party and hearing has been made as per the provisions of the Civil
Procedure Code and the Indian Evidence Act. But Maurya decided not to follow
any of these legal provisions and passed this illegal order about validity of
Registry deed and change of possession in his order dated 09/08/2010 in
complaint case No 186/2008 Shyam Bihari Vishwakarma vs SSP, Lucknow.

The matter
relates with a piece of land I bought some seven years ago from a Cooperative
Housing society at Lucknow. A complaint
was made by Vishwakarma, an ex-Secretary of this Housing Society to Maurya as
Chairman of the Commission saying that I had forcefully dispossessed some poor
women belonging to Backward Castes by demolishing their boundary walls and was
using my undue influence as the wife of Amitabh, an IPS officer. When the
complaint was presented, the matter got enquired into by both the revenue and
police officers and it came on record that there the complaint of demolishing
of boundary wall was not correct and I was in peaceful possession of land I had
duly purchased and got registered. Things should have ended there but Paras
Nath Maurya gave an order deciding about the validity of the registry calling
my registry as illegal and directing the State government that the possession
of land shall be handed over to the Housing Society and the Commission be
intimated within one month.

It is
interesting to note that in such an important decision, he was making many
serious errors like writing Ratan Thakur instead of Nutan Thakur, writing the
name of the seller differently at different places and so on. Thus, he decided
over a matter he clearly had no jurisdiction as the Chairman of Backward
Commission. An important fact which I learnt later was Maurya's son had been
given a land by the same Vishwakarma as Secretary of the Society.

I wrote to
the Chief Minister and Governor of UP to take suitable action in this case but
when nothing came from this, I filed a Writ Petition in the Lucknow Bench of
Allahabad High Court praying to quash this illegal order. Interestingly, today (18/07/2011),
the counsel of the respondent said that Maurya would take back his order within
two days, a fact that makes it all the more clear that he had made an illegal
order previously. On this, the High Court disposed of the Writ petition.

This might
look like a personal matter but it is not only that because it shows how there
are people who are misusing their authority and what we need to do in all such
cases. Though the process is painful and standing against a powerful person
like Chairman of a Commission is full of hardships, yet I have done it because I
personally feel that each of us must resist whatever extra-constitutional or
illegal measures are taken by any authority around us. Then only things will
improve in the right direction.

I have also
decided to take the matter further to its logical conclusion. Would like to get
ur reactions on this.

Dr Nutan
Thakur

Secretary, IRDS,

Convener, National RTI Forum,

# 94155-34525

Messages in this topic (1)
________________________________________________________________________
________________________________________________________________________
2. Emailing: Clinton pushes India on nuclear law, market access Reuter
Posted by: "Urvi Sukul Singh" usukulsingh@hotmail.com usukulsingh
Date: Tue Jul 19, 2011 12:51 am ((PDT))

Clinton pushes India on nuclear law, market access | Reutershttp://uk.reuters.com/article/2011/07/19/uk-india-clinton-idUKTRE76I13N20110719?feedType=RSS&feedName=worldNews
WATCH OUT,INDIA!!Here come the "Gobblers"..insatiable appetite for power and money
Cheers
Urvi
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Thu, Mar 31 2011
Clinton pushes India on nuclear law, market access
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a.. By Andrew Quinn NEW DELHI (Reuters) - U.S. Secretary of State Hillary Clinton urged India on Tuesday to open markets faster and resolve questions on a civilian nuclear accord that U.S. companies hope could mean billions of dollars in new... a.. Email
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Wed, Jul 13 2011Related Topicsa.. World » Quotes U.S. Secretary of State Hillary Clinton (R) speaks with India's Foreign Minister Somanahalli Mallaiah Krishna during a photo call before their meeting in New Delhi July 19, 2011.

Credit: Reuters/B Mathur

By Andrew Quinn

NEW DELHI | Tue Jul 19, 2011 8:06am BST

NEW DELHI (Reuters) - U.S. Secretary of State Hillary Clinton urged India on Tuesday to open markets faster and resolve questions on a civilian nuclear accord that U.S. companies hope could mean billions of dollars in new business.

Clinton opened high-level U.S.-Indian talks with a polite but firm push for New Delhi to get moving on key economic issues as both sides seek to firm up a relationship that thus far has promised more than it has delivered.

"The stakes are high. So it is critical that this dialogue lead to concrete and coordinated steps that each of our governments take to produce real results," Clinton said in her opening remarks at the meeting, the latest in a series of talks aimed at deepening political and economic ties between the United States and the world's second most populous country.

The global economic slowdown has driven U.S. and European companies to look for sales in emerging markets like India.

Clinton's visit will cover a range of bilateral issues including counter-terrorism cooperation, an issue thrown into stark relief by last week's deadly triple bomb attack on India's financial capital Mumbai.

Relations between the two countries have warmed since the end of the Cold War, when India was seen as closer to the old Soviet Union.

She will brief Indian leaders on U.S. plans to draw down troops in Afghanistan -- which New Delhi fears may mean a hasty U.S. exit -- as well as on India's nuclear-armed rival Pakistan, where the halting battle against Islamic militants has spurred questions about Islamabad's true intentions.

Clinton did not mention Pakistan in her opening statements, but did underscore that Washington and New Delhi have a common challenge in confronting the threat of militant violence.

"We are allies in the fight against violent extremist networks. And homeland security is a high priority and a source of increasing partnership," Clinton said, pointing to a May summit between Indian and U.S. security officials.

"The events in Mumbai have driven home how important it is that we get results," she said.

WISH LIST

U.S. officials say they are generally pleased with growing levels of security cooperation with India, which range from intelligence sharing on terror networks to joint efforts against maritime piracy.

But India has long been unhappy about what it perceives as Washington's resistance to sharing critical, real-time information on Islamic militants in Pakistan and Afghanistan that may be plotting to attack Indian targets.

Clinton highlighted hurdles that continue to hamper progress on economic ties, which U.S. officials say should be growing faster and deeper given India's $1.6 trillion (995.2 billion pounds) economy.

On top of the list is civilian nuclear cooperation, which despite a landmark 2008 accord has yet to overcome Indian legal and regulatory obstacles which could open the doors to U.S. nuclear energy companies such as General Electric and Westinghouse, the U.S.-based arm of Japan's Toshiba.

Earlier this month New Delhi hinted that it could ban nuclear reactor purchases from countries refusing to sell sensitive nuclear technology to it after suppliers decided last month to tighten such trade against countries like India.

U.S. officials want India to "tighten up" legislation to protect equipment makers from liability in case of nuclear accident, saying it is much more stringent than comparable laws in other countries. India is planning to spend some $150 billion on nuclear power, key to meet soaring energy demand.

"I look forward to the day when the computers of a school in Gujarat are powered by a reactor designed in America," Clinton said, referring to one of India's fast-growing states. "We need to resolve remaining issues so we can reap the rewards of a robust civil nuclear energy partnership."

Clinton will also meet Indian Finance Minister Pranab Mukherjee, and is expected to press him on promises to open domestic financial and insurance markets, as well as to permit "big box" retail operations which could open the country further to U.S. sales giants such as Wal-mart.

Clinton made clear that arms sales, too, are part of the equation, saying India, seen as one of the world's biggest defence buyers in coming years, could further improve U.S. military cooperation by buying more U.S. weaponry.

The United States was disappointed when India rejected U.S. bids for an $11 billion fighter aircraft contract in April, but still hopes U.S. companies can benefit as New Delhi forges ahead with one of the world's biggest arms purchase programs.

"The United States expects to continue developing and selling the world's most competitive products," Clinton said.

"We view these sales as important on their own terms, but also as a means to facilitate the work that the Indian and American militaries can do together."

(Editing by Paul de Bendern and Sugita Katyal)

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