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    Technical nod for Isha buildings given, submits Kovai Collector

    The Coimbatore District Collector has informed the Madras High Court that technical consent has been given in respect of constructions in 120 acres acquired by the Isha Foundation, while it is in process of ascertaining the constructions in the remaining 68.95 acres.

    Technical nod for Isha buildings given, submits Kovai Collector
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    A file photo of the Madras High Court

    Chennai

    In pursuance to the High Court order seeking a status report on the plea moved by Vellingiri Hill Tribal Protection Society alleging that the constructions made by Isha Foundation are illegal, District Collector T N Hariharan submitted that in respect of the Statue of ‘Lord Shiva,’ which is located in Ikkaraiboluvampatti in an area measuring 68.95 acres, the application received from Isha Foudnation for planning permission was forwarded to the Commissioner of Town and Country Planning, who in turn placed the same before the Hill Area Conservation Authority (HACA) Committee meeting held on March 16, 2017. 

    However, it was resolved by HACA to obtain a detailed report from the District Collector and to place the same in the ensuing meeting. Hence, in tune with the said decision and as directed by the Commissioner of Town and Country Planning, additional particulars, including the ‘E-DCR Online Scrutiny report’ with drawings, have been called for from Isha Foundation, the Collector said. 

    He also held that the site was inspected by him along with the officials of the line departments and the joint inspection report thereon has been forwarded to the Commissioner of Town and Country Planning for placing the same before the ensuing HACA Committee meeting. But, as regards the planning permission for alleged constructions in about 120.40 acres, the proposals received from Isha Foundation were forwarded to the Commissioner of Town and Country Planning, who in turn, had placed the same before HACA committee. 

    But, following the decisions made in the 59th HACA Committee meeting held on April 20, 2017, the Commissioner of Town and Country Planning had accorded technical consent, stipulating certain conditions. 

    In compliance, necessary fees, as stipulated in the said order was remitted by the Isha Foundation on June 1, 2017. Adherence to the remaining conditions is monitored by the Deputy Director, DTCP, Coimbatore Region, being the competent authority for planning permission, the Collector added. 

    Vellingiri Hill Tribal Protection Society had sought demolition of the alleged unauthorised structures so as to restore the wetlands at Ikkaraipoluvampatti village. It may be noted that the counter affidavit filed by the Deputy Director of Town and Country Planning, Coimbatore Region, in March had revealed that Isha had built structures spread across alarming plinth area without permission. 

    The foundation was also served with a lock and seal and demolition notice on December 21, 2012, over these unauthorised constructions, spread across 109 acres, to establish Isha Meditation Lingam Religious Workshop and its connected buildings, the counter had said.

    Puducherry govt flayed for dismissing decorated policeman
    Coming down heavily on the Puducherry government for dismissing an award-winning police constable within a week of filing an FIR against him and that too without offering him any opportunity to defend his case, the Madras High Court set aside the dismissal and ordered his reinstatement forthwith.
    Justice R Mahadevan, on observing that the court is in full consonance with the submission that just because an FIR has been registered, the petitioner should not have been dismissed in a slipshod manner, said, “In view of the undisputed fact that the petitioner has been terminated without any opportunity and the inaction of the state against similarly accused officers, reflects nothing but capricious, discriminative and monarchical exercise of power by officers in higher rank, if permitted to continue, would make a mockery of the fundamental rights guaranteed by the Constitution.” 
    The petitioner V Shanmugam, employed as police constable in Puducherry in 1998,  has been part of the Special Task Force, Crime Team (South). He has solved many cases involving murder, theft and lottery sales resulting in him receiving several accolades, including Rajiv Gandhi Award on August 16, 2016. He had submitted that he had earned several enemies in the department as during his investigations in many cases, it came to light that several police officers were also involved in the crimes. 
    While so, when he was under medical leave from February 2017, the police alleging his involvement as an organiser in a prostitution and lottery trade racket involving anti-socials registered an FIR against him in the file of Mudhaliarpet police station on March 31.  
    Thereafter, on April 6, the impugned order came to be passed dismissing him from service without offering any opportunity to him. The judge, in his order, also held, “It is crystal clear that independent preliminary inquiry has not been conducted. 
    The Senior Superintendent of Police (L&O), who is neither the investigating officer nor the appropriate authority, has noted that the investigation has revealed that the petitioner is one of the organisers of the racket associated with anti-social elements indulging in prostitution and lottery trade and put up the same for necessary departmental action.” 
    “The file does not contain any document which authorises the SSP (L&O) to make such note. Therefore, in the absence of any material, the decision of the respondent to invoke the proviso to Article 311(2) of the Constitution and Rule 19(2) of CCS (CCA) Rules to dispense with the inquiry is nothing but an arbitrary exercise of power.” the judge said.

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