Madras HC proposes ban on NRIs from buying houses in India

News Network
February 5, 2020

Chennai, Feb 5: In order to ensure housing for all, the Madras High Court has proposed ban on non-resident Indians from purchasing houses in India, prohibit speculative sale, and impose 100 per cent extra stamp duty on purchase of second house.

The court on its own impleaded the Union housing and finance ministries as party respondents.

It has directed them to answer a series of questions including as to how many families have basic amenity of housing in India as well as in Tamil Nadu, population and housing ratio in the country and in the state, when 'Housing for All' mission of the central government would be achieved.

"Why the government does not consider imposing such restrictions to control escalation of house prices and to provide a house to every family in the country, a division bench of Justice N Kirubakaran and Justice Abdul Quddhose wondered.

Directing the authorities to inform as to whether the central and state have got special schemes to provide housing for the marginalized and economically weaker sections including SC/ST communities, the bench has also sought the details of the number of families that possess more than one house.

"Why the governments do not restrict families/individuals from purchasing/possessing more than one housing unit/flat/plot till "Housing for all" is achieved?

Why not the government charge 100 per cent more or extra stamp duty to discourage buying more than one house by a family while purchasing second house?

Why not the government conditionally allow the families to purchase more than one house provided the said family pays 100 per cent extra statutory dues like property tax, electricity charges, water and sewerage charges on the second property?" the bench said.

This apart, the court also wanted the authorities to know as to why it should not prohibit the NRIs from purchasing houses in India to bring down the cost of housing.

Justifying its directions, the court said "Lakhs and lakhs of people are living on platforms, roads, and cement pipes, slums, under the trees and on banks of water bodies without proper shelter and basic amenities and safety."

It is true that the Centre had taken a policy decision to provide housing unit to every family.

It should be achieved at the earliest, the court said, adding it could become fruitful when restrictions are put on persons who hold more than one housing units.

The court passed the order while hearing an appeal moved by the Tamil Nadu Housing Board challenging a single judge order against acquisition of about 369 acres of private land in Thudiyalur and Vellakinar areas of Coimbatore for a housing scheme.

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Suresh SS
 - 
Wednesday, 5 Feb 2020

We believed that only Indian Govt. ministers, MP and MLAs has this disease, now it is spreading everywhere even Indian High courts. it is certainly very harmful virus  

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News Network
May 21,2020

Mangaluru, May 21: The Supreme Court has awarded Rs 7.64 crore compensation to the next of kin of a man who was killed in a crash-landing of Air India Express Flight 812 from Dubai in Mangalore on May 22, 2010. The accident killed 158 out of 166 passengers on board.

The family of the 45-year-old Mahendra Kodkany, which include his wife, daughter and son, were earlier granted Rs 7.35 crore as compensation by National Consumer Disputes Redressal Commission (NCDRC). This compensation will now get enhanced after adding 9 per cent interest per annum (on the amount yet to be paid), to be paid by Air India.

Kodkany was the regional director for the Middle East for a UAE-based company. The aircraft overshot the runway and went down a hillside and burst into flames.

A bench comprising Justices D.Y. Chandrachud and Ajay Rastogi said: "The total amount payable on account of the aforesaid heads works out to Rs 7,64,29,437. Interest at the rate of nine per cent per annum shall be paid on the same basis as has been awarded by the NCDRC. The balance, if any, that remains due and payable to the complainants, after giving due credit for the amount which has already been paid, shall be paid within a period of two months."

The apex court noted that in a claim for compensation arising out of the death of an employee, the income has to be assessed on the basis of the entitlement of the employee. The top court said: "We are unable to accept the reasons which weighed with the NCDRC in making a deduction of AED (UAE currency) 30,000 from the total CTC. Similarly, and for the same reason, we are unable to accept the submission of Air India that the transport allowance should be excluded. The bifurcation of the salary into diverse heads may be made by the employer for a variety of reasons."

The top court observed that the deceased was evidently, a confirmed employee of his employer. "We have come to the conclusion that thirty per cent should be allowed on account of future prospects", added the court.

The top court noted that if the amount which has been paid by Air India is in excess of the payable under the present judgement, "we direct under Article 142 of the Constitution (discretionary powers) that the excess shall not be recoverable from the claimants," said the court.

Comments

A.Rahman
 - 
Friday, 22 May 2020

First of all  A Salute To Lawyer One Who Handled This Case Against Carriers Mismanagement Wrong Action.

 

Sure this is the second victory for the lawyer against arriers mismanagement.

 

Over all it is the sign  of a profesional ; qualified  eligble  lawyers efforts and right decision from a capable knowlegable judge. Suit case operating lawyers cannot handle such specilized cases.

They lawyer may handled rest of the vicitms cases or he not. But for his siincere efforts for the past ten years delcares whatn he  is. Am personally met him and  witnessed his court appearance  hope and wish him all the best and success .

 

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coastaldigest.com news network
July 25,2020

Mangaluru/Udupi, Jul 25: Karnataka’s twin coastal districts of Dakshina Kannada and Udupi recorded 400 new covid-19 cases and nine fatalities in past 24 hours. While DK’s death toll mounted to 115, Udupi’s toll mounted to 15.

Dakshina Kannada

Dakshina Kannada alone recorded 218 new covid cases and eight deaths. The total number of positive cases mounted to 4,612. Out of these, 2,370 cases are currently active. As many as 2,127 persons have recovered and been discharged.

Of the 218 who tested positive on Saturday, 46 are primary contacts, 87 have ILI symptoms, 15 have SARI symptoms, and contacts of 70 are being traced.

Among the eight deaths that occurred on Saturday, the first is of a 44-year-old man from Mangaluru. He was admitted to private hospital on July 23, and breathed his last on same day. He was suffering from sepsis with septic shock and viral infection. 

The second is 78-year-old man from Bhatkal. He was admitted to a private hospital on July 18, and passed away July 23. He suffered from refractory hypoxemia, refractory ARDS and secondary bacterial infection. 

The third is an 88-year-old man from Mangaluru. He was admitted to a private hospital on July 10, and passed away on July 23. He suffered from hypoxemia, refractory ARDS and renal failure. 

The fourth is a 68-year-old man from Bantwal. He was admitted to a private hospital on June 7, and passed away on July 23. He suffered from septic shock. 

The fifth is a 68-year-old man from Mangaluru. He was admitted to a private hospital on July 17, and passed away on July 23. He was suffering from ARDS and Acute coronary event. 

The sixth is a 75-year-old man from Mangaluru. She was admitted to private hospital on July 14 and passed away on July 24. He was suffering from refractory hypoxemia, refractory ARDS and respiratory distress. 

The seventh is a 76-year-old female from Mangaluru. She was admitted to private hospital on July 21 and passed away on July 24. She was suffering from refractory hypoxemia, refractory ARDS, viral pneumonia, T2 DM and hypertension. 

The eighth is a 53-year-old female. She was admitted to private hospital on July 24 and passed away on July 24. She was suffering from sepsis with multi-organ dysfunction, cardiogenic shock, hypertension, type 2 diabetes mellitus, peripheral vascular disease and diabetic foot on right side LRTI.

Udupi

Udupi recorded 182 new covid cases in past 24 hours and the total reached 3,218. As many as 2,008 patients have been discharged so far including 79 on Saturday, and 1,199 cases are currently active. 

Among the new cases, 96 are in Udupi, 37 in Kundapur, and 49 in Karkala. They include 109 men and 68 women, and two boys and three girls. As many as 539 are under home isolation.

As many as 15 covid related deaths have occurred in the district so far including the one on Saturday. 

45-year-old man from Kollur was admitted to KMC Hospital, Manipal, as he was suffering from lung cancer. He was tested positive for coronavirus and then shifted to covid-19 hospital, where he breathed his last.

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News Network
May 8,2020

Mangaluru, May 8: Twenty-two students of Jawahar Navodaya Vidyalaya (JNV), Mudipu on the outskirts of Mangalur city, stranded in Uttara Pradesh due to lock-down reached the campus on Friday morning.

These Class 9 students (12 girls and 10 boys) had studied at JNV Amroha, Uttar Pradesh, as part of an exchange programme, 21 students of Amroha campus studied in Mudipu. 

While Amroha students could return after completing their studies, the Mudipu students were among many JNV students who were unable to return because of the lock-down.

JNV Mudipu Principal V Srinivasan said the 22 students, along with escorts, reached the campus at 7.15 a.m today.

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