High court restores ban on fishing in Mandsaur’s Teliya Talab

  • | Saturday | 25th November, 2023

Indore: Indore bench of MP high court has restored ban on fishing activities in Teliya Talab in Mandsaur while disposing a public interest litigation that had challenged district collectors order directing to grant pattas for fishing at this religiously important site.Justice SA Dharmadhikari and Justice Pranay Verma, in a judgement dated Nov 1 that was published on the website on Thursday evening, quashed district collectors order dated Aug 27, 2018, and appellate order dated Jan 28, 2020 by additional commissioner Ujjain to restore the ban.The court noted, The Collector had no authority to call for a review or to stay the resolution (of municipal council) and further direct grant of pattas. It is also not known as to how the Collector has formed an opinion that the resolution of Municipal Council is not in conformity with law or with the rules or bye-laws made thereunder.Admittedly, the fishing policy is not a statutory policy, but is merely a guideline. The local authorities are the best person to impose a ban at the behest of public. The Collector acted beyond the powers and jurisdiction, observed the court.The directions were passed on a PIL filed by Dr Dinesh Kumar Joshi through his counsel Nitin Phadke challenging collectors order of removing ban on fishing activities in the pond.The pond has religious importance and is also a prominent tourist attraction located within municipal limits of Mandsaur town. On the banks of Teliya Talab, various temples and ashrams such as Hanuman temple, Maa Karma Devi, Maa Ganga Mata temples and Rishi Anand Ashram etc. are located which are visited by lakhs of devotees through the year, submitted Phadke.Municipal Council in a resolution adopted on Nov 8, 2012, had banned fishing activities here. Five years later in 2017, the collector directed council to review its decision and grant pattas.The council, however, reiterated its 2012 decision in a resolution in 2018. The collector then registered a suo-moto case and exercising powers under section 323 of MP Municipalities act suspended both resolutions of the council.AAG Anand Soni, representing state government, challenged the locus standi of petitioner in case because of his political association. The court, however, ruled in favour of the petitioner.We also published the following articles recentlyTwist in Chheda Nagars 50-year land saga as court stays collectors orderA court order has shocked residents of Chheda Nagar, a cluster of housing societies in Chembur. The order stayed the declaration of the land as government land and recognized the rights of the housing societies. The order also barred BMC from approving building plans and allowed mutation of lands for public amenities. The chief claimants to the titles are the Salt Commissioner, the Chheda family, and the Maharashtra government. The land dispute has been ongoing since the 1970s and has affected redevelopment plans.GST councils role only recommendatory: High CourtThe Madras high court held that the GST councils role in product classification is recommendatory. In Parle Agros case, flavored milk was determined to have a lower GST tariff despite the council recommending a higher rate. This decision supports taxpayers against GST demands based on council discussions or clarificatory circulars. The court relied on a Supreme Court ruling in Mohit Mineral, emphasizing that GST council recommendations arent binding. Treating councils recommendations as binding disrupts fiscal federalism.WC meme-orabilia new collectors items for fansICC Mens Cricket World Cup memes flood social media as India dominates. Memes feature characters from Indian films like Thakur Bhanu Pratap Singh and Uday Bhai-Majnu Bhai. Memes celebrate Indias success and make fun of other teams like Pakistan. Kolkata Police and Delhi Police share memes about Angelo Mathews timed out against Bangladesh.

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