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Apex court slams state for grabbing private land 
New Delhi, September 30
Expressing dismay over the Haryana Government’s attempt to usurp private land through an “evil design”, the Supreme Court today slapped a fine of Rs 50,000 on the state and directed the Central Government to consider abolition of the law on adverse possession.

Calling Amarnath yatra fraud 
Chandigarh, September 30
The Punjab and Haryana High Court today granted interim bail to Swami Agnivesh in a case of hurting religious sentiments of Hindus. Taking up the matter, the high court asked Swami Agnivesh to join investigations and cooperate with the investigation agency. Justice Gurdev Singh also issued notice to the state of Haryana for November 1, asking it to file its reply on the issue.

523 bags of wheat rot, courtesy HAFED
Sirsa, September 30
A file photo of a truck loaded with bags of wheat at Kalanwali in Sirsa As many as 523 bags of wheat have been rotting in a police station at Kalanwali town in the district since January as HAFED, which according to the police is the owner of wheat has not shown any interest in claiming the stock.

A file photo of a truck loaded with bags of wheat at Kalanwali in Sirsa. A Tribune photograph 



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Birender Singh to seek votes for Jai Prakash
Chandigarh September 30
Senior Congress leader Birender Singh, who had sought the party ticket for his son from the Hisar Lok Sabha seat, will visit the constituency tomorrow to campaign for Jai Prakash Barwala.

4,350 bags of fertilisers seized, 2 held 
Ambala, September 30
In a joint operation the Agriculture Department and the Ambala police unearthed illegal fertiliser units---Hind Fertilizers and Nitin Industries--at Rukri village, near Dosarka, in this district last evening.

No new cases reported
Panipat, September 30
After 70 persons were taken ill by consuming adulterated buckwheat flour in the district yesterday, no new cases of gastro problems have been reported in the district today.

BTech student’s body found
Faridabad, September 30
The body of Deepak Rawat, a BTech final-year student at the local BS Anangpuria College, who was drowned in an abyss-like structure at Khori Jamalpuron village on Wednesday evening along with two classmates, was found this morning.

Youth killed in road mishap
Sirsa, September 30
A motorcyclist, Manu, a resident of Begu Road, was killed while another youth riding pillion, Krishan, was seriously injured when a school van hit their motorcycle near Sherpura on the NH 10 today.





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Apex court slams state for grabbing private land 
Slaps a fine, recommends review of law on adverse possession
R Sedhuraman
Legal Correspondent

New Delhi, September 30
Expressing dismay over the Haryana Government’s attempt to usurp private land through an “evil design”, the Supreme Court today slapped a fine of Rs 50,000 on the state and directed the Central Government to consider abolition of the law on adverse possession.

“The state government has demonstrated its evil design by grabbing properties of lawful owners in a clandestine manner,” a Bench comprising Justices Dalveer Bhandari and Deepak Verma held in a 29-page verdict.

“If the protectors of law become the grabbers of property, then people will be left with no protection and there will be total anarchy in the country,” the Bench held.

“It is indeed a very disturbing and dangerous trend. ?It must be arrested without further loss of time. No government department, public undertaking, and even the Police Department should be permitted to perfect the title of land or building by invoking the provisions of adverse possession,” the SC ruled.

Haryana had come to the apex court after unsuccessful attempts in all courts below for getting rights of ownership over a land measuring 8 “biswas” in Hidayatpur Chhavni in Gurgaon district by way of adverse possession. Under the adverse possession law, any one could claim ownership of a property after occupying it illegally for 12 years.

“How 12 years of illegality can suddenly be converted to a legal title is, logically and morally speaking, baffling. This outmoded law essentially asks the judiciary to place its stamp of approval upon conduct that the ordinary Indian citizen will find reprehensible,” the Bench noted.

The state had filed the petition in the SC through the Gurgaon SP.

“The government should protect the property of a citizen, not steal it. And yet, as the law currently stands, they may do just that. If this law is to be retained, according to the wisdom of Parliament, then at least the law must require those who adversely possess land to compensate the title owners according to the prevalent market rate of the land or property in question,” the SC ruled.

In case, Parliament wanted to retain the law, it might raise the period of illegal possession from 12 years to 30 to 50 years. Such an extension would help to ensure that successful claimants have lived on the land for generations, and “are, therefore, less likely to be individually culpable for the trespass.”

Adverse possession law

Under the adverse possession law, anyone could claim ownership of a property after occupying it illegally for 12 years. “How 12 years of illegality can suddenly be converted to a legal title is, logically and morally speaking, baffling. This outmoded law essentially asks the judiciary to place its stamp of approval upon conduct that the ordinary Indian citizen will find reprehensible,” the Bench noted.

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Calling Amarnath yatra fraud 
HC grants interim bail to Swami Agnivesh
Saurabh Malik/TNS

Chandigarh, September 30
The Punjab and Haryana High Court today granted interim bail to Swami Agnivesh in a case of hurting religious sentiments of Hindus.

Taking up the matter, the high court asked Swami Agnivesh to join investigations and cooperate with the investigation agency. Justice Gurdev Singh also issued notice to the state of Haryana for November 1, asking it to file its reply on the issue.

Swami Agnivesh was seeking bail in FIR No. 294 dated May 26 registered at Hansi City police station on the complaint of Parveen Kumar Tayal.

Swami Agnivesh was accused of terming the Amarnath yatra a fraud in the name of religion. The statement had come during his meeting with Hurriyat Conference president Syed Ali Shah Geelani.

Section 295-A deals with deliberate and malicious acts, intended to outrage religious feelings by insulting religion or religious beliefs.

On August 29, the Hansi subdivisional judicial magistrate had issued non-bailable warrants against Swami Agnivesh in the case registered against him.

The high court has already turned down Swami Agnivesh’s plea for quashing the FIR registered against him.

In his order, Justice LN Mittal asserted: “Counsel for the petitioner vehemently contended that the averments made in the FIR do not constitute any offence. The contention, prima facie, cannot be accepted.

“Averments made in the FIR regarding utterances attributed to the petitioner do prima facie make out a case under Section 295-A, IPC, because such utterances certainly hurt the religious feelings of Hindus, who undertake the holy Amarnath yatra”.

Justice Mittal also took note of another contention raised by counsel for the petitioner on the absence of evidence on record to show the utterances were indeed made by Swami Agnivesh.

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523 bags of wheat rot, courtesy HAFED
Sushil Manav/TNS

Sirsa, September 30
As many as 523 bags of wheat have been rotting in a police station at Kalanwali town in the district since January as HAFED, which according to the police is the owner of wheat has not shown any interest in claiming the stock.

The bags lying unprotected in the police station have been infested with bugs. After a tipoff, the police had stopped a truck loaded with wheat bags on January 3 but its driver managed to flee, leaving the truck behind. On checking, the police recovered 523 bags of wheat bearing the HAFED mark from the vehicle. The police had information that the truck had been siphoned off from a HAFED storehouse at Kalanwali in connivance with its officials.

Consequently, the police registered an FIR under Sections 401, 409 and 120-B, IPC. The Tribune had carried a story “Unclaimed wheat pointer to bigger scam” in these columns on January 9.

In a departmental inquiry ordered by HAFED MD Anil Malik, discrepancies were found in the stock. Acting upon the inquiry report, Malik suspended two storekeepers, Chander Grover and Harmesh Kumar, and transferred its district manager and the local manager at the Kalanwali storehouse on January 14.

Grover and Kumar were booked for criminal breach of trust. The police could arrest only truck driver and a private security guard while HAFED officials managed to evade their arrest and later got anticipatory bail.

Now, there is no taker for the stolen wheat though the bags mention the name of HAFED boldly imprinted on them . “We have no option as HAFED refuses to claim the bags,” Jagdish Rai, SHO, said.

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Birender Singh to seek votes for Jai Prakash
Tribune News Service

Chandigarh September 30
Senior Congress leader Birender Singh, who had sought the party ticket for his son from the Hisar Lok Sabha seat, will visit the constituency tomorrow to campaign for Jai Prakash Barwala.

According to sources, Birender Singh will hold a meeting with his supporters in the Uchana constituency on October 1 to assess their mood as well as to assuage their feelings, which may have been hurt by the denial of the ticket to their leader’s son..

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4,350 bags of fertilisers seized, 2 held 
Tribune News Service

Ambala, September 30
In a joint operation the Agriculture Department and the Ambala police unearthed illegal fertiliser units---Hind Fertilizers and Nitin Industries--at Rukri village, near Dosarka, in this district last evening.

The police arrested Rajiv Aggarwal and Amit Aggarwal allegedly running these fertilizer plants without a valid licence. The team sealed a factory at Palahipatti from where a fertiliser unit was operating. Adulterated DAP, urea and NPK fertilizers were being manufactured at these units.

The raiding party seized about 4350 bags of fertilizers in the operation. 

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Adulterated Buckwheat Flour
No new cases reported

Panipat, September 30
After 70 persons were taken ill by consuming adulterated buckwheat flour in the district yesterday, no new cases of gastro problems have been reported in the district today.

Doctors at the Civil Hospital said most of the patients who had been admitted here yesterday were discharged today, while others under the treatment would be discharged soon. Dr HS Randhawa, Civil Surgeon, said the situation was now under control.

JS Ahlawat, DC, said the administration had ordered a probe into the incident and anyone found guilty of storing or selling adulterated buckwheat would be dealt with sternly. — TNS

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BTech student’s body found

Faridabad, September 30
The body of Deepak Rawat, a BTech final-year student at the local BS Anangpuria College, who was drowned in an abyss-like structure at Khori Jamalpuron village on Wednesday evening along with two classmates, was found this morning.

According to SHO Hemant Kumar, preliminary investigations revealed that the three youths had consumed beer before entering the abyss. — TNS

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Youth killed in road mishap
Tribune News Service

Sirsa, September 30
A motorcyclist, Manu, a resident of Begu Road, was killed while another youth riding pillion, Krishan, was seriously injured when a school van hit their motorcycle near Sherpura on the NH 10 today.

The police rushed them to the General Hospital here. A case has been registered.

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