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Shri Dharamvir Sharma, Adv.

Dated: 30th September , 2014 Delivered in open court by Hon'ble Mr. Justice Dalip Singh, Judicial Member

1. Admit.

2. It is submitted by the Learned Counsel for the Applicant that the matter raised in this application has already been covered by the decision of this Tribunal in O.A.No. 315/2014 (CZ) in case of Ram Swaroop Chaturvedi V/s Chairman, MPSEIAA & Ors. decided on 11.09.2014 in the matter of the Office Memorandum dated 24.12.2013, issued by the MoEF, Government of India.

3. We have considered the application as well as submissions made before us. We would accordingly dispose of this petition in the light of our earlier judgement dated 11.09.2014 in O.A.No. 315/2014 and the directions contained therein shall also apply to the applicant in so far as the applicability of the aforesaid orders of MoEF dated 24.12.2013 is concerned. In case an application is submitted by the Applicant, online or as prescribed under the procedure alongwith requisite fee, such application shall be entertained by the MPSEIAA in accordance with law within two months without being influenced by the Office Memorandum dated 24.12.2013 issued by the MoEF in so far as its operations have been stayed by the Principal Bench of National Green Tribunal in Application No. 343 of 2013 (M.A.No. 1093/2013) in the case of Ranbir Singh Vs. State of H.P. & Ors and Page 2 of 3 Application No. 279/2013 (M.A.No. 1120 of 2013) in case of Promila Devi Vs. State & Ors. dated 28.03.2014.

2. There is no dispute about fact that Respondent No.2 formulated a policy as published in Government Resolution dated 12th March 2013. Case of the Appellant is that, Respondent No.5 auctioned various sand-beds of Yavatmal District as per guidelines issued by the Government of Maharashtra in its Policy OM dated March 12th, 2013. He alleges that due to such illegality, extraction of sand by lease holders including Respondent No.6, one of such auction lease holder, being carried out. The Appellant is more concerned with sand-beds at village Babhulgaon. He would Misc Appln. No.155/2014 Page 3 submit that before grant of Environmental Clearance, State Environment Appraisal Committee (SEAC) ought to have considered whether the sand-bed is below 5 ha. area and distance between two (2) sand-beds is atleast 1 k.m. The SEAC failed to consider such kind of parameters and recommended the case to the SEIAA (Respondent No.4). The SEIAA thereafter granted the EC without proper assessment and appraisal. Consequently, the Appellant challenges the EC and the auction proceedings.

2. Briefly stated, case of the Appellant is that as per Judgment of Apex Court in "Deepak Kumar Vrs. State of Haryana, 2012(4) SCC 629" sand beds (sandghats) situated below 5 ha. area may be leased out only if distance between the two (2) ghats is of atleast 1 k.m. It is in keeping with such directions of the Apex Court that the MoEF has issued OM dated 24th December 2013. The State has no authority to consider the project activities of granting lease of area over and above 5 ha. of sandghats into the category of 'B-2' as per class 2(I)(iii) of the OM dated 24th December 2013. Such a project will have to be treated as category 'B-1' project for the purpose of appraisal and must be appraised by the MoEF. The SEIAA could not have done the work of assessment/appraisal nor the SEIAA could have granted the EC. According to the Petitioner the Respondents purposefully downsized the (J) Appeal No.10/2014 (WZ) 3 sand beds without keeping marginal space of 1 k.m. between the two (2) sand beds. It is stated that the auction conducted by both the Collectors is illegal and erroneous. Consequently the Appellant seeks to challenge the same and urges to quash the same.

2. Before venturing to decide on the questions raised, it would be profitable to state the relevant facts.

The 1st respondent is the K.M.J Public School, represented by its Manager. The 2nd respondent is the Principal of the said school. The petitioners 1 and 2 have been working as drivers for the past 14 and 9 years respectively in the said school whereas the petitioners 3 and 4 have been working as sweepers in the same institution for the past 8 years. They contended that they have been receiving wages at less than the minimum wages prescribed by the State Government by various notifications and also as per the directions issued by this Court in State of Kerala vs Mythri Vidya Bhavan English Medium School and another1. They contended that a person junior to them, 1 [2013 (1) K.L.T short note 36] W.P.(C) No.14087/2019 4 who was a Class-IV grade employee, was drawing a much higher wage as compared to the petitioners. According to them, they are entitled to higher amounts toward salary from 1.7.2013 onwards.

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।

A Bench of this Court while dealing with Suo Motu Contempt Petition (Criminal) No.1 of 2019 took note of a letter dated 23.03.2019 received by the office of the Judges of the Bench on 25.03.2019. This was a copy of the letter sent by the President of the Bombay Bar Association and the President of the Bombay Incorporated Law Society to the President of India, Chief Justice of India and the Chief Justice of the Bombay High Court. In the said letter, reference was made to two complaints – one made by the Indian Bar Association, dated 20.03.2019 through alleged contemnor no. 1, Shri Vijay Kurle, State President of 1 Maharashtra and Goa of the Indian Bar Association, and the second complaint dated 19.03.2019 made by alleged contemnor no. 2, Shri Rashid Khan Pathan, National Secretary of the Human Rights Security Council. It was mentioned that these complaints have not only been sent to the President of India and the Chief Justice of India but also have been circulated in the social media and the complaints were attached as Annexures­1 and 2 to the said letter. The Bench took note of the letter and the complaints attached to the said letter and specifically noted the prayers made in both the complaints and found that both the complaints are substantially similar. The Bench on noting the allegations made in the complaints was of the view that scandalous allegations have been made against the members of the said Bench and, therefore, notice was issued to Shri Vijay Kurle, alleged contemnor no. 1, Shri Rashid Khan Pathan, alleged contemnor no. 2, Shri Nilesh Ojha, alleged contemnor no. 3 and Shri Mathews Nedumpara, alleged contemnor no. 4. The Bench also directed that the matter be placed before the Chief Justice of India to constitute an appropriate Bench to hear and decide the contempt case.

These two appeals against the decision of the Customs Excise & Service Tax Appellate Tribunal (CESTAT) rendered on 16th July, 2008 require adjudication on the question as to whether 1 “car matting” would come within Chapter 57 of the First Schedule to the Central Excise Tariff Act, 1985 under the heading “Carpets and Other Textile Floor Coverings” or they would be classified under Chapter 87 thereof, which relates to “Vehicles other than Railway or Tramway Rolling-Stock and Parts and Accessories Thereof”. The appeals are against a common decision and we shall also deal with both these appeals together in this judgment. The respondent-assessee want their goods to be placed under Chapter heading 5703.90. We shall refer to the specific entries against this item later in the judgment. The respondent, at the material point of time were engaged in the business of manufacture of textile floor coverings and car matting. The subject-goods have been referred to interchangeably by the revenue also as car mattings and car carpets. The respondent, at the material time, were clearing the goods declaring them to be goods against Heading No.570390.90. Effective rate of excise duty on goods under that entry was 8% and education cess at the applicable rate for the subject period. We find this rate of duty, 2 inter-alia, from the order of the Commissioner dealing with the first and the second show-cause notices. The rate of basic excise duty would have been 16% apart from education cess if these goods were classified against goods specified in heading no.8708.99.00. Altogether three show-cause-notices were issued against the respondent over clearance of goods under the said heading. These notices required them to answer as to why they should not be charged the differential rate of duty and interest. We would like to point out here that in the show-cause notices, the respective chapter sub-headings have been referred to as 8708.99.00 and 570390.90 and in the order of the Tribunal also, the sub-headings have been referred to as such. But the authorities themselves in certain places described the sub-headings in shorter numerical forms, as 5703.90 and 8708.00. We find these minor variations in the paper-book. But this variation of the sub- headings represented in numerical form is not of any significance so far as adjudication of these appeals are concerned. The respondent were also to answer as to why penalty should not be 3 imposed upon them in terms of Section 38A of the Central Excise Act, 1944 read with Rule 25 of the Rules made thereunder. The first show-cause notice is dated 9th August, 2005 in regard to clearance of goods made during the period between 9 th July, 2004 and 31st March, 2005. They had cleared altogether 8,65,777 pieces of those items in different sizes in that period. The second show-cause notice was issued on 2 nd May, 2006 and related to clearance of 12,02,482 pieces of the same goods for the period between 1st April, 2005 and 31st January, 2006. The third show- cause notice is of 7th March, 2007 and the clearance involved 20,15,412 pieces from 1st February, 2006 to 31st January, 2007. For the period involved in the third show-cause notice, clearance was made by the respondent under Chapter sub-heading no.570500.19, which carried effective rate of duty @8%.

1. The matters have been referred in view of conflicting decisions in Greater Bombay Coop. Bank Ltd. v. United Yarn Tex (P) Ltd. and Ors. 1, Delhi Cloth & General Mills Co. Ltd. v. Union of India and Ors. 2, T. Velayudhan Achari and Anr. v. Union of India and Ors. 3, and Union of India and Anr. v. Delhi High Court Bar Association and Ors. 4. The question relates to the scope of the legislative field covered by Entry 45 of List I viz. ‘Banking’ and Entry 32 of List II of the Seventh Schedule of the Constitution of India, consequentially power of the Parliament to legislate. The moot question is the applicability of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’) to the co­operative banks.

2. This petition has been moved by the State under Section 439(2) read with Section 482 of the Cr.P.C. for cancellation of bail granted vide order dated 30.04.2020 by the learned ASJ, Patiala House Courts, New Delhi to the respondent/accused in FIR No.111/2000 dated 06.04.2000 under Sections 420/120B of the IPC, registered at Police Station Chanakya Puri, New Delhi, which has been investigated by the Crime Branch. According to the petitioner/State, during investigations of an extortion case relating to FIR No.249/1999 dated 13.11.1999 under Sections 387/506 of the IPC registered at Police Station DBG Road Delhi, the Crime Branch came to know that some persons were conspiring to fix the India-South Africa Cricket Test CRL. M.C. 1468/2020 Page 1 of 26 Series to be played in the months of February to March, 2000 whereunder five One-Day matches and three Test matches were to be played at various places in India. The accused/respondent is alleged to have played a major role in fixing these matches, as it is alleged by the petitioner/State that he was the main link between the players and an alleged Syndicate which was running betting on these matches and had profited hugely from these match fixings as they controlled the outcome of each of these matches.

The petition is being filed by the petitioner and challenge is being made to the order dated 04.03.2020, whereby the petitioner is directed to retire on completion of 62 years of age. It is submitted that the petitioner is a Physical Instructor and is equivalent to Teacher as has been held by the Full Bench of this Court in the case of State of M.P. & Others Vs. Yugal Kishore Sharma, in W.A.No.613/2016. Petitioner has placed reliance upon the Clause F of Regulation 8 of Ministry of Human Resources and Development Department as under :-

"(f) Age of Superannuation :- (i) In order to meet the situation arising out of

shortage of teachers in universities and other teaching institutions and the consequent vacant positions therein, the age of superannuation for teacher in Central Education Institution has already 2 HIGH COURT OF MADHYA PRADESH WP.No.7385/2020 (Gopal Prasad Shivhare Vs. Union of India & Others) been enhanced to sixty five years, vide the Department of Higher Education letter No. F.No.1- 19/2006-U.II dated 23.03.2007, for those involved in class room teaching in order to attract eligible persons to the teaching career and to retain teachers in service for a longer period. Consequent on upward revision of the age of superannuation of teachers, the Central Government has already authorized the Central Universities, vide Department of Higher Education D.O. Letter No.F.1-24/2006-Desk(U) dated 30-03-2007 to enhance the age of superannuation of vice- Chancellors of Central Universities from 65 years to 70 years, subject to amendments in the respective statutes, with the approval of the competent authority (Visitor in the case of Central Universities).

Law laid down Significant Para Nos.

Reserved on : 04.02.2020 Delivered on : 08.05.2020 (O R D E R) With the consent of learned counsel for the parties, since pleadings are complete, the matter is heard finally.

2. Heard on the question of admission.

3. This petition is under Article 226 of the Constitution of India. By the instant petition, the petitioner is claiming that he was working as 2 W. P. No. 1763/2020 Chairman/President of Municipal Council, Khandwa, by virtue of his election and certificate issued by the Returning Officer on 04.12.2014. The tenure of the President in the Municipal Council is over and the respondents/State is inclined to appoint an Administrator who is a Government Officer.

-------------------------------------------------------------------------------------------

Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 07.5.2020

1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.189/2020 registered at Police Station City Kotwali, Distt. Raigarh Chhattisgarh for the offence punishable under Section 34(2) & 59(A) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that 10 bulk liters of illicit liquor was seized by the police from the present applicant.

3. Learned counsel for the applicant submits that the applicant is in detention since 17.4.2020 He further submits that applicant has no criminal background and has been falsely implicated in the case, and therefore, the applicant may be released on bail. 2

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 12:52:45 ::: 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 12:53:02 ::: 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 12:52:40 ::: 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 appellant is apprehending the arrest in Crime No.282 of 2019 registered with Ghargaon Police Station, Sangamner, Dist. Ahmednagar for the offence punishable under Sections 294, 504, 506 of Indian Penal Code and under Sections 3(1)(r)(s), 3(2)(va) of the Atrocities Act. The first information report has been lodged by present respondent No.2.

3. Heard learned Advocate Mr. L. S. Mahajan for appellant, learned APP Mr. P. K. Lakhotia for respondent No.1-State and learned Advocate Mr. S. B. Ghatol Patil for respondent No.2. Perused the affidavit-in-reply along with documents.

4. It has been vehemently submitted on behalf of the appellant that the learned Special Judge failed to consider the enmity between the applicant and the informant. A complaint application has been filed by the present appellant in respect of the property dispute. It was contended that there is a Big house (Wada) of the forefathers of the appellant. It is now in dilapidated condition. There was certain space behind the said Wada. When the family -2- ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:55 ::: 2-Apeal-6-2020.odt of respondent No.2 started levelling the land behind the Wada, it was objected by the appellant so also a written complaint was filed on 08-09- 2015 to the Grampanchayat. However, the Grampanchayat with some political motive had made entries in the name of the family of respondent No.2. Therefore, a complaint application was then made by him to the Collector. The informant got annoyed with the same and, in fact, application under Section 14-G of the Maharashtra Grampanchayat Act was filed by the appellant against the Sarpanch, Deputy Sarpanch and the Gram Sewak of the Grampanchayat. It was stated that all of them together had shown the open space belonging to the appellant in the name of one Maruti Karbhari Mundhe, Suresh Karbhari Mundhe and Pramod Rambhau Mundhe. It is further stated that present respondent No.2 is the near friend of said Mundhe family and by taking advantage of the caste of the informant false complaint has been lodged and those two persons from Mundhe family whose name has been taken in the application before Collector by the appellant are shown to be the eye witnesses to the incident. In fact, these two witnesses by name Mundhe were not even present when the incident had taken place. Therefore, when the FIR is filed with mala fide intention, the learned Special Judge ought not to have considered that there is bar for entertaining pre- arrest bail applications in view of Section 18-A of the Atrocities Act. -3- ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:55 :::

2. Admit. With consent of learned Advocates for the respective parties, taken up for final disposal.

3. Present appeal has been filed under Section 14(A)(2) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for challenging the order of rejection of bail application under Section 438 of the Code of Criminal Procedure in Criminal Misc. Application (Bail) No.46/2020 on 21.1.2020 by learned Additional Sessions Judge-3, Jalna.

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[2] Heard learned advocate for the applicant and learned APP for the respondent-State by video conferencing.

[3] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release him on anticipatory bail in case of his arrest in connection with C.R.No. 11216004200101 of 2020 registered with Dhaboda Police Station, Gandhinagar for the offences punishable under Sections 406, 420, 465, 467, 468, 471 and 120(B) of the Indian Penal Code.

[4] Learned advocate for the applicant appearing by video conferencing submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee Page 1 of 4 Downloaded on : Fri May 08 21:24:44 IST 2020 R/CR.MA/6597/2020 ORDER from justice. In view of the above, the applicant may be granted anticipatory bail. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open.

2. The petitioner-detenu has challenged the order of detention on the following grounds:

"a) that no compelling reason or circumstance was disclosed in the order or grounds of detention to take the detenu in preventive detention, moreso in view of the fact that as on the date of passing of the aforesaid order of detention, the detenu was already in custody;

b) that the detenu has not been provided the material forming basis of the detention order, to make an effective representation against his detention order;

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Legislatures around the country are invoking privilege on all sorts of issues, even as the political parties condemn each other's actions to limit press freedom. Sevanti Ninan reports.

Enforcement Directorate on Wednesday arrested a former trustee of Lilavati hospital in connection with a foreign exchange violation case.

नई द‍िल्‍ली: रिलायंस जियो ने अपने जियो फाइबर ग्राहकों के लिए आखिरकार अमेजन प्राइम वीडियो का अपडेट जारी कर दिया है। जियो फाइबर सेटटॉप में यूजर्स को अमेजन प्राइम वीडियो एप का भी सपोर्ट मिलेगा। जानकारी दें कि रिलायंस जियो ने

President Donald Trump, who publicly identified the affected Pence aide as spokeswoman Katie Miller, said he was 'not worried' about the virus spreading in the White House.

Partha Chatterjee said the institutions have also received the University Grants Commission (UGC) guidelines in this regard and the issue came up in the meeting held during the day.

'People are falling ill while walking. Some have died. Even then their walking hasn't stopped,' the Rajya Sabha member further said.

Senior Shiv Sena leader Sanjay Raut on Sunday said the Maharashtra government should give permission to private vehicles for ferrying migrant labourers to their native places during the lockdown.