1. Mr. Devansh Mohta, learned Counsel assisted by Mr. Vikram Rajkhowa, learned Counsel is present on behalf of the Applicant in Miscellaneous Application No.31/2023/EZ.

2. Arguments could not be concluded today.

1

3. On the request of the Counsel for the parties, put up this matter for further hearing on 25.11.2024.

4. List on 25.11.2024 for further hearing.

..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM November 11, 2024, Original Application No.44/2020/EZ With Miscellaneous Application No.31/2023/EZ In Original Application No.43/2020/EZ SKB

The 'preliminary report' dated 24.07.2020 filed by the Expert Committee constituted by this Tribunal vide order dated 24.06.2020 is taken on record. On the request of learned Counsel appearing for the parties, adjourned to 06.08.2020. Liberty to file further submission, if any, before the next date.

Adarsh Kumar Goel, CP S. P. Wangdi, JM Dr. Nagin Nanda, EM July 29, 2020 Original Application No. 43/2020(EZ) & Original Application No. 44/2020(EZ) DV

1.1 We have heard learned Counsel for the parties. Hearing concluded. Order reserved. The order will be uploaded on the website, after due consideration, on or before 19.02.2021.

Adarsh Kumar Goel, CP S.K. Singh, JM Dr. Nagin Nanda, EM February 15, 2021 Original Application No. 43/2020(EZ) with connected matters DV

1. Case taken up by video conference on Vidyo App.

2. These cases are taken up together as identical questions have been raised. The Applicant in O.A. No. 43/2020/EZ, an environmentalist, who has preferred the application alleging failure of the Respondent Authorities in preventing the blowout of Baghjan 5 oil well of the Respondent No. 1, M/s. Oil India Ltd. (OIL in short), resulting in a massive fire causing irreparable loss to the entire biodiversity of the region and loss of lives and property.

3. It is stated that on 27.05.2020 at around 10:30 AM the producing well of Baghjan 5 under the Baghjan Oilfield of OIL in Tinsukia District, Assam, released natural gas in an uncontrolled manner. Baghjan is one of the 23 oil wells set up by OIL to tap the large gas reserves in the Brahmaputra basin located near the Eco Sensitive Zone (ESZ) of the Dibru-Saikhowa National Park. The released gas is stated to be a mix of propane, methane, propylene and other gases that flow with the wind the condensate of which mostly falls on the bamboo groves, tea gardens, banana trees and betel nut trees in the area and also spread into the Dibru- Saikhowa National Park which, according to the Applicant, records over 40 mammals, 500 species of birds, 104 fish species, 105 butterfly species and 680 types of plants, including a wide variety of rare orchids. It harbours the tiger, elephant, wild buffalo, leopard, hoolock gibbon, capped langur, slow loris, Gangetic dolphin, besides critically endangered bird species such as the Bengal Florican, White Winged Duck, Greater Adjutant stork, White rumped vulture, slender billed vulture as well as the rare and endemic Black-breasted parrotbill.

1. This order is being passed in continuation of orders dated 24.06.2020 and 02.07.2020 dealing with the issue of providing remedies to the victims and for restoration of environment as a result of incident of oil blowout on 27.05.2020 and other consequential events that followed at Baghjan in Tinsukia District of Assam.

2. The Tribunal noted the case of the applicant that as a result of blowout on 27.5.2020, the Baghjan Oil well set up by the Oil India Limited (OIL) released propane, methane, propylene and other gases causing damage to bamboo groves, tea gardens, banana trees and betel nut trees in the area and also spread into the Dibru-Saikhowa National Park which, according to the Applicant, records over 40 mammals, 500 species of birds, 104 fish species, 105 butterfly species and 680 types of plants including a wide variety of rare orchids. The area harbours tiger, elephant, wild buffalo, leopard, hoolock gibbon, capped langur, slow loris, Gangetic dolphin, besides critically endangered bird species such as the Bengal Florican, White Winged Duck, Greater Adjutant stork, White rumped vulture, slender billed vulture as well as the rare and endemic Black-breasted parrotbill. The oil also spilled into the Dibru river causing a film of oil in the river that passes through the Maguri- Motapung wetlands, an Important Bird and Biodiversity Area, and along the Dibru Saikhowa National Park. The Maguri-Motapung Wetland, located less than 10 km from Dibru-Saikhowa National Park, is a part of the Dibru-Saikhowa Biosphere Reserve (DSBR) and hosts some of the most vulnerable species of birds such as Swamp Francolin, Marsh Babbler, Greater Adjutant and Pallas's Fish-eagle, Red-headed Vulture and White-bellied Heron, and over 80 species of fish. River Dibru is a tributary of River Lohit which then forms river Brahmaputra in the lower reaches. Brahmaputra river system is also a home to Gangetic dolphins. As a result of the blowout, there was also a fire on 09.06.2020. The applicant has also stated that the blowout has left behind huge volumes of residue as gas condensate which is a mixture of chemical compounds that are toxic for land and vegetation and is a known carcinogen. The blowout is not only hazardous to the health of the people but also severely affect their livelihood whose occupation is mainly agriculture, fishing and animal rearing. 1610 families were displaced as a result of the gas leak.

1. The Complainant filed an RTI application dated 16.04.2023 seeking information on the following points:

Page 1 of 6

(i) "Please provide me with the action taken report on my complaint filed on 30th March 2023.

(ii) Please provide me with the present status of the above-mentioned complaint.

(iii) Please provide me with the norms for disposal of complaints, including the number of days within which complaints are expected to be disposed of, as per the citizen charter."

2. The CPIO replied vide letter dated 12.05.2023 and the same is reproduced as under:-

"As far as internal Vigilance Section of DoPT under this CPIO is concerned, it may be informed that your complaint dated 30.03.2023 was received electronically from CVC vide Commission's OM No. 10929/2023/vigilance-9 dated 11.04.2023 and the same was forwarded to PESB and Estt.II Division, DoPT, for further necessary action at their end, as the subject matter of your complaint was pertaining to them, vide this Department's OM No. C-13014/1/2021-Vig. dated 09.05.2023 (copy enclosed)."

:

The Appellant filed an (offline) RTI application dated 06.05.2023 seeking the following information:

"1. प्रार्थी की पत्नि श्रीमति पायल शमाा के ईलाज में बेस हात्पपटल में दी गयी दवाइयो का समपि वववरण उपलब्ध कराये और यह भी अवगि करायें कक दी गयी दवाईयाां ककस बबमारी से सम्बत्धधि है ? जिवरी 2019 से ददसम्बर 2019 का समपि ररकार्ा उपलब्ध करायें।

2. अपीलीय अधधकारी का िाम व पिा अवगि कराये ?"

Page 1 of 5

The CPIO furnished a reply to the Appellant on 19.05.2023 stating as under:

"आपके द्वारा उपरोक्ि पत्र के पैरा 1 के अिुसार माांगी गई जािकारी को आरटीआई अधधतियम 2005, धारा ३, ६ (ⅰ), ८ (i) (ई) और धारा ११ के प्रावधािों के िहि िहीां ददया जा सकिा।"

1. The Appellant filed an RTI application dated 16.05.2023 seeking information on the following points:

"Please provide the specific information / clarification on Central Civil Services (Leave) Rules, 1972. (updated as on 19.09.2022)

(i) Please inform who are 'such Government Servant' referred under Rule 63 (2)(a) above

(ii) Please clarify whether Rule 63(2)(a) is applicable to only to those Government servants refereed 63(1)(a) and (b)

(iii) Whether both the actual amount of leave salary (Rule 63(1)) and study leave conversion to regular leave (Rule 63 (2) (a) are applicable to all government servants referred in 63 (1) and 63 (2)

This writ petition has been filed challenging the orders passed by the respondents 1 & 2, thereby rejecting the claim made by the petitioner under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as “the Act”) and ordered for maintenance of Rs.2,500/- per month, payable by the third respondent to the petitioner.

2. The petitioner is the father and the third respondent is his daughter. The petitioner has one daughter and one son. The petitioner had purchased a house plot comprised in S.F.No.144/2 at Koranampatti, Edappadi Taluk, Salem district, to an extent of 3744½ sq.ft., in which the petitioner also constructed a small hut and living there. It was purchased by him through registered sale deed dated 24.11.2010 vide document No.4313 of 2010. After marriage of the third respondent, due to love and https://www.mhc.tn.gov.in/judis affection, the petitioner had executed settlement deed in respect of the subject property in favour of the third respondent on 13.12.2019 vide registered document No.5380 of 2019. However, the third respondent failed to maintain the petitioner and also threatened the petitioner to vacate the hut which is put up in the settled property.

This writ petition has been filed challenging the order, dated 18.02.2000 passed by the Respondent No.2, dismissing the petitioner from service and the order dated 27.06.2003 passed by the Respondent No.1 on an appeal filed by the petitioner, confirming the punishment of dismissal from service in the year 2013 and seeking a consequential relief to reinstate the petitioner into service.

2. The brief facts that are relevant for disposal of this writ petition are as under:-

2.1. The petitioner herein, while working as a 'Peon' in Rasipuram Branch of the respondent Bank, Salem Division, he was subjected to departmental proceedings by issuing a charge-sheet dated 21.06.1997 containing two charges. The said charges reads as under:-

These two writ petitions have been filed by the same petitioner based on the same fact situation and as such, both the matters were heard together and are being disposed of by this common order.

https://www.mhc.tn.gov.in/judis W.P.Nos.2751 and 9303 of 2020

2. The petitioner herein was initially appointed as 'Grade-II, Police Constable' in TSP-I Battalion, Trichy and thereafter, the petitioner was transferred to District Armed Reserve Perambalur District and in the year 2004, he was transferred to District Armed Reserve Nagapattinam District and thereafter, he was transferred to Taluk Police Establishment in the year 2010 and then he was upgraded as ‘Grade I, Police Constable’ in the year 2006 and further upgraded as 'Head Constable' in the year 2011. The petitioner also claimed to have received 16 rewards for his performance and there were no adverse remarks against the petitioner through out his service.

These two appeals are preferred challenging an order of the Execution Court allowing the claim of respondents 1 to 5 under Order XXI Rule 58 CPC in E.A. No.52 of 2015. Of them, C.M.A. No.460 of 2023 was filed by the purchaser in an auction sale held in E.P. No.168 of 2013, which the appellant/workman in C.M.A.No. 944 of 2023 had laid for executing an award passed under Sec.33C (2) of the Industrial Disputes Act, 1947.

1.2 Broadly the issue is that, in the said E.P. Respondents 1 to 5 have taken out an application in E.A.52 of 2015, staking a claim to about 5.43 acres in SyNo:298 of Kuniyamuthur village, and it came to be allowed by the Execution Court. This block of 5.43 acres was part of a larger extent of 37.0 acres, spread over multiple survey numbers, and it was brought to court-auction-sale and was purchased by the appellant in CMA 460 of 2023. The sale in favour of the auction-purchaser is yet to be confirmed by the Execution Court in terms of Order XXI Rule 92 CPC. The decision of the Execution Court in allowing the claim of respondents 1 to 5 over 5.43 acres implies that the Execution Court https://www.mhc.tn.gov.in/judis C.M.A.Nos.460 & 944 of 2023 may not now confirm the auction-sale as pertaining to this block of land.

1. First Appeal has been preferred at the instance of legal heir of the original Defendant Nos. 2 to 4 who are aggrieved by the impugned judgment dated 19th September 2016 decreeing S. C. Suit No.19 of 2019 in terms of prayer Clause (a), (b) and (c). For sake of convenience parties are referred to by their status before the Trial Court.

2. The facts of the case are that Short Cause Suit No.19 of 2009 rsk 2 of 24 FA-888-18-F30.doc was instituted interalia seeking enforcement of obligations under the Maharashtra Ownership Flats, (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, (for short, MOFA) by conveyance of the suit property together with the structure and building known as "Chandraraj Apartment" in favour of the Plaintiff. The plaint pleads that Defendant Nos.1 and 2 were the owners of the suit property which was entrusted to Defendant Nos.3 and 4 for development. The Defendant Nos 3 and 4 represented that they are the owners of sub-divided land bearing S. No 5 (a)(pt) and 4(a) (pt) of Village Malad, Taluka Borivali admeasuring 1502.49 square meters bearing CTS No 15-D, 15/D-1 to 6. The entire larger Plot of land was subdivided into different sub-divided Plots being Plot Nos. A, B, C, D and certain portion towards 15% recreation ground on the northern side of the property. The conveyance was sought by the Plaintiff -Society in respect of sub-divided Plot No. B along with benefit of 22 feet internal road and 15% recreation ground to be enjoyed in common with the other occupants and residents of the remaining subdivided Plots. The subdivision was certified by the Architects. The building plans were sanctioned by the planning authorities and IOD and CC was obtained on 30 th April 1982. The Defendant Nos 3 and 4 entered into flat purchasers agreement with the individual flat purchasers under MOFA in or about the year 1984 rsk 3 of 24 FA-888-18-F30.doc and were put in possession of their respective tenements after obtaining occupation certificate on 23rd October, 1989. As there was non compliance by the Defendants of their statutory obligations, the flat purchasers formed and registered the Plaintiff Society in the year 1991.

1. The present petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Arbitration Act'), by the original claimant seeking to quash and set aside the arbitral award dated 4th February 2022, passed by the sole arbitrator. FACTS

2. On 5th May 2016, a tender was published by the Divisional Railway Manager (Mechanical), Central Railway, Mumbai (for short 'Railways') towards the work of Pest and Rodent Control, in railway Diksha Rane 24. ARBP 43-23-FINAL.doc passenger coaches maintained at CSTM, WB, MZN, DRT and LDT, Coaching Depots and Rodent Control in Coaching Depots yard and premises. The petitioner participated in the tender process and on 7 th June 2016, was declared as the successful bidder. Accordingly, the contract work of the said tender was awarded to the petitioner, for an amount of Rs.1,96,32,255/-. The contract period was for three years i.e. from 30th November 2016 to 29th November 2019.

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SEBI and Joint Registrar of Cooperative Societies have not filed their reports.

2. Investigating Officer is directed to communicate this order to the officer concerned of SEBI as well as Mr. P. K. Dutta, learned Advocate who ordinarily represents SEBI as well as the Joint Registrar of Cooperative Societies for due compliance.

3. Let the matters appear on 25.11.2024.

4. Interim order passed earlier shall continue for a period of four weeks from date or until further orders, whichever is earlier. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)

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