HC Stays Census Duty Orders for Private College Staff The Nagpur bench of the Bombay High Court recently stayed orders compelling faculty and staff of private unaided colleges to undertake Census duties, granting interim relief and raising questions about the legal authority behind such appointments. A division bench comprising Justices Anil Pansare and Nivedita Mehta issued notices to the Centre and the state government, directing them to respond by April 24. The court’s interim order halted the implementation of directives issued on April 5 and 6, which mandated the immediate deployment of staff from a pharmacy college run by The Sikh Education Society for Census work, with warnings of criminal action for noncompliance. The petition challenging these orders argued that private unaided college employees cannot be mandatorily assigned Census duties. Petitioner’s counsel, Purushottam Patil, cited precedents from the Delhi and Gujarat High Courts to contend that such appointments lack legal backing and could disrupt academic functioning. He emphasized that compelling faculty to participate in Census work during an ongoing academic schedule, particularly close to university examinations, would adversely affect students. The court was also informed that criminal cases had been initiated against some employees for failing to comply with the orders. Taking note of these submissions, the bench granted interim relief and observed that the issue of authority remains under consideration. It noted that available records do not clearly indicate whether the state government had delegated such powers to the municipal authority in question.#bombay_high_court #nagpur_bench #anil_pansare #nivedita_mehta #sikh_education_society
Bombay High Court Criticizes Police Commissioner for Noise Violation Non-Compliance The Nagpur bench of the Bombay High Court on Wednesday strongly criticized the city police commissioner for failing to enforce its orders regarding noise pollution control. During a hearing of multiple public interest litigation (PIL) cases, including one filed by Bhupendrakumar Wasnik, a division bench comprising Justices Anil Pansare and Mukulika Jawalkar expressed frustration over the lack of compliance with earlier directives aimed at regulating high-decibel sound systems at event venues. The court emphasized that if the police commissioner could not effectively implement its rulings, the responsibility would be transferred to another agency or escalated to higher authorities, including the Director General of Police (DGP). The court had previously mandated strict measures to curb loud music across the city, particularly in areas prone to noise disturbances. In response, the police authorities stated that notices had been issued to violators and criminal cases registered under the Indian Penal Code (IPC). However, the bench questioned the legality of these actions, noting that the cases were booked under IPC provisions rather than the recently introduced Bharatiya Nyaya Sanhita (BNS). The court raised concerns about the validity of such prosecutions under the new legal framework and directed the police to submit a detailed explanation of their actions. The bench’s remarks underscored its dissatisfaction with the police’s approach to enforcing the court’s orders. While the police claimed to have taken enforcement measures, the court highlighted the need for adherence to updated legal standards.#bombay_high_court #nagpur_bench #anil_pansare #mukulika_jawalkar #bhupendrakumar_wasnik
Bear Demolition Cost at Poonam Chambers: High Court Orders N Kumar to Bear Expenses The Nagpur bench of the Bombay High Court on Monday directed petitioner N Kumar to bear the cost of demolishing unauthorized constructions at Poonam Chambers. The court ordered that the amount be deposited with the Nagpur Municipal Corporation (NMC) within two weeks after the submission of a detailed estimate. This directive came during the hearing of a petition filed by N Kumar regarding alleged illegal constructions at Poonam Chambers and Poonam Towers. The matter was heard by a division bench comprising Justices Anil Pansare and Nivedita Mehta, who adjourned the hearing until March 30. The court was informed that the NMC had already begun demolition work in compliance with earlier court orders. The bench instructed NMC officials to complete the demolition and provide a detailed estimate of the expenditure to the court and the petitioner. During the proceedings, chartered accountant Abhiruchi Agrawal, representing the petitioner, submitted a progress report on the demolition work. The court recorded the report, which stated that unauthorized structures in the parking area of the building complex had been removed. NMC counsel JB Kasat informed the bench that approximately 80% of the demolition in the parking area had been completed, with the remaining work expected to be finished soon. Kasat also mentioned that the demolition process had been temporarily halted on March 5. The judges noted that the petitioner had previously given a written undertaking to the court to remove the illegal constructions but had failed to comply with that commitment. The bench indicated that the issue of non-compliance would be addressed in a later hearing.#nagpur_bench #n_kumar #poonam_chambers #nmc #anil_pansare
