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Hon'ble Mr. Justice Swatanter Kumar (Chairperson) Hon'ble Mr. Justice M.S. Nambiar (Judicial Member) Hon'ble Dr. D.K. Agrawal (Expert Member) Hon'ble Prof. A.R. Yousuf (Expert Member) Dated: September 25, 2014

1. Whether the judgment is allowed to be published on the net?

2. Whether the judgment is allowed to be published in the NGT Reporter?

JUSTICE SWATANTER KUMAR, (CHAIRPERSON) The Ministry of Environment and Forest (for short 'the MoEF'), Government of India vide their letter dated 21st December, 2011 accorded Environmental Clearance for Parsa East and Kanta Basan Opencast Coal mine project of 10 MTPA production capacity along with a Pit Head Coal Washery (10 MTPA ROM) to M/s Rajasthan Rajya Vidyut Utpadan Nigam Limited involving a total project area of 2711.034 hectare under the Environmental Impact Assessment Notification, 2006 (for short 'EIA Notification, 2006') subject to the specific conditions stated in that Order. 2

Case No. 36 of 2019 1

Brief facts and allegations

2. JSW Paints is stated to be a part of the JSW group of companies, which is involved in several sectors, including steel, energy, cement, etc. JSW Paints was incorporated in the year 2016 and launched its decorative paints in May 2019 in Bengaluru and Hubli in Karnataka. JSW Paints has introduced many innovative approaches in the paints industry for the first time in India.

3. Asian Paints is a listed company and is primarily engaged in manufacture and sale of decorative and industrial paints. According to its Annual Report for the FY 2018-19, it is the 3rd largest paint company in Asia and largest in India. In India, it has 8 manufacturing plants for decorative paints and 2 for industrial paints.

2. The Informant is an individual user/consumer of the services provided by PayU and other e-payment gateways.

3. PayU is a fintech company that provides payment technology solutions to online merchants. It was founded in the year 2002 and has its head-quarter at Hoofddorp, Netherlands. It allows online businesses to accept and process payments through payment methods that can be integrated with web and mobile applications. Further, PayU is the e-payment division of Naspers, a global internet and entertainment group and one of the leading technology investors in the world. Naspers is a leading financial services provider in the global growth markets and is engaged in the business of providing payment gateway services and other digital payment enablement services to both consumers and businesses. It also holds a Non- Banking Financial Company ('NBFC') license in India to offer credit services.

2. As stated in the information, the Informant is a pharmaceutical wholesaler who had placed an order for purchase of drugs from USV on 31.07.2019. Kundan vide its letter dated 06.08.2019, confirmed receipt of the said order of the Informant along with documents and demand draft.

3. The Informant alleged that USV imposed the following unfair conditions on the Informant:

 Collection of goods from Pune C&F agent (Kundan), which is 360 km away from the Informant's location.  The Informant is not entitled to return any product purchased from USV for any reason whatsoever including those on account of expiry or damage.  Advance payment to be paid every time.  The Informant cannot purchase the products of USV from any other C&F agent.

Case No. 37 of 2019 1

2. The Informant, a private limited company, is engaged in the business of export of stone aggregates/ boulders and has stated that it exports stone aggregates/ boulders through rakes allotted by OP. For allotment of rakes, the Informant places indent itself or through its consignor at respective railway sidings. The Informant also stated that OP follows quota system for dispatch of rakes. Under such a system, the Informant got rakes allotted to it at various sidings in Howrah and Malda Division of the Eastern Railways, which is OP in the present case.

3. The Informant alleges that from July 2019 onwards, OP stopped allotment of rakes to it and instead, the rakes were allotted to Orient Exports Pvt. Ltd. as per the directions of the Indian Railway Board contained in letter No. 2017/TT- III(M)/71/D/10/Quota dated 18.07.2019. The Informant claims that this decision was taken by Indian Railway Board as per the request of the Bangladesh Railway Board. The Informant has stated that non-allotment of rakes has impacted its goodwill amongst its customers as it is not being able to meet its prior commitments.

----Petitioner Versus State Of Rajasthan, Through P.p.

----Respondent For Petitioner(s) : For Respondent(s) : Mr. S.K. Bhati, PP HON'BLE MR. JUSTICE ARUN BHANSALI Order 08/05/2020

Learned counsel for the applicant did not login. The Public Prosecutor was heard through video conferencing. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant, who is in custody in connection with FIR No. 06/2020, Police Station Sangaria, District - Hanumangarh for the offence under Section 8/22 of the NDPS Act.

2. Heard the learned counsel for the petitioner and the learned Senior Government Pleader.

WP(C).8416/19 4

3. The singular contention urged by the learned counsel for the petitioner is that the first respondent had committed a fundamental error in adopting the revised assessed tax of the year 2007-08 as the basis for revising the assessment and refixing the compounded tax liability for the years 2008-09, 2009-10 and 2010-11. In support of this contention, attention is drawn to Section 7(b) of the KGST Act and reliance is placed on the decisions in Sicilia Hotel Pvt. Ltd (Supra), and Kalyan Tourist Home v. State of Kerala (2017 (2) KLT 761).

4. Opposing the contentions, the learned Government Pleader would submit that, the power for revising the assessment after payment of compounded tax under Section 7(b) cannot be limited to be based only on the tax payable as conceded in the return or accounts or the turnover tax paid for any of the previous consecutive three years. It is contended that there is no inhibition in Section 7 that revision of assessment cannot be on the basis of assessed tax. It is submitted that this position has been succinctly laid down by the Division Bench in Kalika Hotel and Bar, Amballur(M/s) v. State of Kerala (2012 (3) KHC 85) and The Commercial Tax Officer v. M/s Hotel Breezeland Ltd. (2019 (2) KLT 432).

2. Pursuant to the decision of the Government of Kerala to apply part of the proceeds of the financial aid received from the World Bank through the Government of India for execution of the work, namely "KSTP-II -Upgrading Punalur to Ponkunnam Road (SH 8) Package 8A: Km 0+000 (Punalur) to KM 29+840 (Konni)"(the Work), the Kerala State Transport Project (KSTP), the Consultant Engineer of the Government of Kerala for the World Bank aided projects, invited bids for construction and completion of the Work. Ext.P1 is the procurement notice issued by KSTP in this connection. It is specified in Ext.P1 notice that the bidding will be conducted in accordance with the Wpc nos.26853 & 31556 of 2019 6 procedures prescribed in the Guidelines issued by the World Bank for procurement under IBRD loans and IDA credits (current edition) and it will be open to all eligible bidders as defined in the said Guidelines to participate in the bidding process. In terms of the Invitation to Bid (ITB) published in this regard by KSTP, the prospective bidders could be individuals or joint ventures and they were to submit technical as also financial bids.

संसदीय कार्य मंत्रालय में राज्य मंत्री तथा भारी उद्योग और लोक उद्यम मंत्रालय में राज्य मंत्री (श्री अर्जुन राम मेघवाल): सभापति महोदया, हम एग्रीकल्चर के विषय पर नियम 193 की चर्चा दो-तीन दिनों से लगा रहे हैं । मैं आपसे अनुरोध करना चाहूंगा कि उसको पहले ले लिया जाए, क्योंकि वित्त मंत्री जी दूसरे हाउस में टैक्सेशन लॉ में बिजी है, इसलिए इसके बाद उस विषय को ले लिया जाए ।

माननीय सभापति: ठीक है, नियम 193 के अधीन चर्चा शुरू की जाए ।

       श्री कोडिकुन्नील सुरेश जी ।

SHRI KODIKUNNIL SURESH (MAVELIKKARA): Hon. Chairperson, thank you for giving me this opportunity to raise a discussion under Rule 193 on the topic `Crop loss due to various reasons and its impact on farmers’. At the outset I would like to submit that the Government has no intent, desire, and genuine concern towards addressing the issues of farmers in the country. The notice I gave for this discussion read -- `Agrarian crisis and farmers’ distress’. The Government did not accept the language in which I submitted my notice for this discussion, instead have formulated the language for the discussion in another way. The Government chose to ignore the topic that would have exposed the failure of the BJP Government to the public. The Government formulated another language which read -- `Crop loss due to various reasons and its impact on farmers’. They have not chosen the straight path but instead have taken a circuitous route to deviate from the core issue. But this anti-farmer and anti-agriculturist attitude of the BJP Government thus stands exposed in this House as the Modi Government is afraid of facing the truth of deeply disturbing agrarian crisis engulfing the country by refusing to address the real concern. The Congress and other like-minded parties decided to raise this issue in this august House.

SHRI M. SELVARAJ (NAGAPATTINAM): Tiruvarur Sorting has been serving 2 districts of Tiruvarur and Nagapattinam under my constituency. As an all India measure, the Ministry of Telecommunications already implemented PNOP and MNOP systems. in the Department of Posts. According to these new systems, the speed and Parcel articles booked at Tiruvarur and Nagapattinam RMS meant for Tiruvarur and Nagapattinam are sent to Mayiladuthurai RMS for processing and again sent to Tiruvarur for further delivery. It creates unnecessary delay in the delivery process. Because of this my constituency people suffer a lot. Sometimes for a local delivery itself, it takes two days.

On the other hand, it has come to notice that the divisional administration of RMS Trichy, planned to downgrade the Tiruvarur Sorting office by reducing the staff strength and working hours. Now staff is working during nights to deliver the letters, parcels and speed posts to the customers. But the divisional administration planned to make it as a Day Set. This will create unnecessary delay in the delivery of all the letters to the public. Earlier the processed parcels and speed articles from Mayiladuthurai RMS came by midnight. But nowadays they are-sent in the early morning only, this also creates one day delay in the delivery of letters.I urge the Government to take remedial steps in this regard.

डॉ. निशिकांत दुबे (गोड्डा): माननीय अध्यक्ष जी, मैं आपके माध्यम से … * भ्रष्टाचार की गंगोत्री है,के बड़े स्कैम की तरफ देश और पार्लियामेंट का ध्यान आकृष्ट करना चाहता हूं ।             महोदय, जब माननीय वाजपेयी जी की सरकार थी,वर्ष 2003 में सरकार ने तय किया था कि हम लोगों को एस बैंड के लिए कंपनी बनानी चाहिए और एन्ट्रिक्स को इसकी मार्केटिंग करनी चाहिए । वर्ष 2003 में एक आदमी के साथ उसकी बातचीत स्टार्ट हुई । हमारी सरकार चली गई । आपको जानकर आश्चर्य होगा कि हमारी सरकार के जाने के बाद 28 जनवरी, 2005 को एन्ट्रिक्स और देवास नाम की कंपनी के साथ एक एग्रीमेंट साइन हुआ । …(व्यवधान) देवास कंपनी 17 दिसम्बर, 2004 को बनी । …(व्यवधान) उसके साथ 60,000 करोड़ का एग्रीमेंट भारत सरकार ने साइन किया । …(व्यवधान)           महोदय, दूसरा सवाल है कि जिन कंपनियों से पैसा आया, मॉरिशस की कंपनी   …(व्यवधान) कंपनी 2006 में बनी, 2009 में बनी, 2010 में बनी ।…(व्यवधान) और … * जी ने एफआईपीबी का क्लियरेंस दिया । …(व्यवधान) माननीय अध्यक्ष: श्री संतोष पाण्डेय जी ।

माननीय अध्यक्ष: माननीय सदस्यगण, अब हम सत्रहवीं लोक सभा के दूसरे सत्र की समाप्ति की ओर आ गए हैं, जो 18 नवम्बर, 2019 को आरंभ हुआ था। अब तक, हम 20 बैठकें कर चुके हैं जो 130 घंटे 45 मिनट तक चलीं। 18 नवम्बर, 2019 को चार नए सदस्यों ने शपथ ली अथवा प्रतिज्ञान किया।

…(व्यवधान)

माननीय अध्यक्ष : इस सत्र में महत्वपूर्ण वित्तीय, विधायी और अन्य कार्यों का भी निपटान हुआ। वर्ष 2019-20 के लिए अनुदानों की अनुपूरक मांगों (सामान्य) पर चर्चा 5 घंटे 5 मिनट तक चली। वर्तमान सत्र के दौरान 18 सरकारी विधेयक पुर:स्थापित हुए। कुल मिलाकर 14 विधेयक पारित हुए। 140 तारांकित प्रश्नों के मौखिक उत्तर दिए गए। औसतन प्रतिदिन लगभग 7.36 प्रश्नों के उत्तर दिए गए। इसके अतिरिक्त औसतन प्रतिदिन 20.42 अनुपूरक प्रश्नों के उत्तर दिये गए। 27 नवम्बर, 2019 को सभी 20 तारांकित प्रश्न लिये गए।

HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioner through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Petitioner has filed this bail application under Section 439 of Cr.P.C.

3. F.I.R. No.300/2019 was registered at Police Station Murlipura, District Jaipur Metropolitan for offence under Sections 323, 341, 504, 427, 302, 34 of I.P.C.

4. It is contended by counsel for the petitioner that there is inordinate delay of seven days in lodging of FIR. Co-accused has been enlarged on bail.

5. Learned Public Prosecutor has opposed the bail application.

2. Petitioner has filed this bail application under Section 439 of Cr.P.C.

3. F.I.R. No.26/2019-20 was registered at Police Station Excise Police Jhunjhunu (North) for offence under Sections 14/54, 19/54, 54-A, 14/57 of Rajasthan Excise Act.

4. It is contended by counsel for the petitioner that petitioner is driver of the vehicle. He was not aware that there is no valid permit of transportation of the liquor. Petitioner is not having any criminal antecedents of like nature.

5. Learned Public Prosecutor has opposed the bail application.

6. I have considered the contentions.

(Downloaded on 08/05/2020 at 08:46:54 PM)

(2 of 2) [CRLMB-17684/2019]

1. The matter has been heard through Video Conferencing.

2. Ms. Acharya, learned ASG, who appears for the Union of India, states that her briefing counsel, Mr. Gogna, CGSC is ready with advance instructions.

3. After addressing arguments on the maintainability of the present petition particularly, on the aspect of the alleged retrospectivity of the impugned Notification, Mr. Aggarwal, learned counsel for the petitioner had sought some time to obtain instructions from his client. The hearing was deferred to enable him to obtain instructions. He has returned with instructions to the effect that his client does not wish to press the present petition.

W.P. (C) 3057/2020 Page 1 of 2

1. "The attested copy of the very basis of the seniority list of 594 contractor's workers at BTPS as was published on notice board, the Appendix 'D' of Letter no. BT/DGM(Admn)/2/I-842 dt. 22-05-1998.

2. If there is no basis of preparing the aforesaid seniority list, then why the names of other persons were enlisted in the Appendix 'D' of the aforesaid letter."

2. The CPIO responded on 01-03-2018 & 16-05-2018. The appellant filed the first appeal dated 12-03-2018 which was disposed of by the first appellate authority on 19-04-2018. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005 and also to direct him to provide the sought for information.

PER COURT :

1. Heard learned advocate for the applicants, learned Additional Public Prosecutor, as well as learned advocate Mr. S. S. Ladda who is intervening and appearing for the original informant.

2. It will not be out of place to mention here that, this Court by order dated 15-04-2020 has directed that no coercive action shall be taken against the applicants for a period of three weeks or till such time the State Government withdraws the lockdown in its entirety, whichever is earlier. Now the lockdown has not yet ended and, therefore, the learned advocate for the applicants seeks extension of the said order. The applications have been mainly objected by the learned advocate for the informant who submits that, the wives of the present applicants had approached this Court also for pre-arrest bail and it was not granted. Then they had approached Hon'ble Supreme Court on 05-02-2020. The said application was rejected and the petitioners therein were directed to surrender within a period of three months. The learned advocate for informant had ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:53:02 ::: 3 ABA369-2020 with 370-2020 submitted that, till today there is no compliance of the said order by those petitioners. In fact, the role of those petitioners is lesser than the present applicants yet the protection is granted to the applicants, and now by taking disadvantage of the said order, the applicants are trying to tamper with the evidence of the prosecution as well as trying to drive the informant is under fear.

PER COURT :

1. Heard learned advocate for the applicants, learned Additional Public Prosecutor, as well as learned advocate Mr. S. S. Ladda who is intervening and appearing for the original informant.

2. It will not be out of place to mention here that, this Court by order dated 15-04-2020 has directed that no coercive action shall be taken against the applicants for a period of three weeks or till such time the State Government withdraws the lockdown in its entirety, whichever is earlier. Now the lockdown has not yet ended and, therefore, the learned advocate for the applicants seeks extension of the said order. The applications have been mainly objected by the learned advocate for the informant who submits that, the wives of the present applicants had approached this Court also for pre-arrest bail and it was not granted. Then they had approached Hon'ble Supreme Court on 05-02-2020. The said application was rejected and the petitioners therein were directed to surrender within a period of three months. The learned advocate for informant had ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:52:51 ::: 3 ABA369-2020 with 370-2020 submitted that, till today there is no compliance of the said order by those petitioners. In fact, the role of those petitioners is lesser than the present applicants yet the protection is granted to the applicants, and now by taking disadvantage of the said order, the applicants are trying to tamper with the evidence of the prosecution as well as trying to drive the informant is under fear.

2. The present respondents have filed First Appeal No.1909 of 2019 challenging the Judgment and award in land acquisition proceedings i.e. Land Acquisition Reference No.122 of 2011, decided by learned Joint Civil Judge, Senior Division, Omerga on 02-08- 2014. The appeal is admitted and it is pending before this Court for its turn for final hearing. They have also filed an application for stay ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:30 ::: 3 CriApln 90-2020 to the execution of the award and a conditional order was passed by this Court. The appellant therein were directed to deposit the entire decreetal amount awarded by the Reference Court along with interest accrued within six weeks from the date of the order i.e. 22- 06-2018. After the amount was deposited by the appellants therein, the present applicants had filed Application No.7291 of 2019 for withdrawal of the amount. After hearing the parties, this Court passed following order : -

1 By the aforesaid interim application and criminal application, the applicant/petitioner, who appears in-person has made several grievances as against the Investigating officer-ACP Ms. Asmita Bhosale, amongst other grievances. In an earlier petition filed by the petitioner i.e. Writ Petition No. 1135/2019, this Court having considered the allegations and counter allegations levelled by the petitioner therein i.e. Sheetal Shah, was of the view that the interest of justice would be served if the petition i.e. Writ Petition No. 1135/2019 is treated as representation to the Commissioner of Police and as such directed the Commissioner of Police to take cognizance of the said writ petition within four weeks from the date SQ Pathan 1/3 wp.3402.19.doc of the order. Since multiple reliefs are sought in the petition, in particular, transfer of investigation of all five FIRs registered with different police stations, this Court directed that the investigation of all the five FIRs be assigned to a responsible high ranking officer, not below the rank of A.C.P and on such officer being designated to investigate, the petitioner was directed to cooperate with the said investigation. The said order was passed on 4th June 2019 and was disposed of with the aforesaid direction. 2 The grievance of the applicant/petitioner in both the aforesaid applications is that there is a threat to her life and to her children and that the Investigating Officer Ms. Asmita Bhosale and other Officers are not investigating the matter in accordance with law. The petitioner has made several allegations of corruption as against some of the officers. According to her, the said investigation in the five FIRs is not being conducted in a fair and impartial manner.

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