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Shift Malleswaram market in 4 weeks: HC

Bangalore, June 20, 2013, DHNS:
Malleswaram market
The High Court on Thursday directed the State government to start vacating the Malleswaram market within a week to facilitate construction of a multi-storey commercial complex in its place.

Hearing a petition by Shivanna and others, the vendors who have moved the High Court challenging the construction of new market and eviction of traders, Justice Nagmohan Das directed the State Urban Development Department to give the traders two weeks time to shift to the new premises.

The petitioners had moved the High Court challenging the move to evict them and the 2009 plan to renovate the market. They submitted that the Rs 72 crore project is a waste on the State exchequer as it is an attempt by the local MLA Dr
C N Ashwath Narayan and the Corporator G Manjunath Raju to evict them.

Stating that the market with 249 units is best suited for small-time vendors who earn between Rs 300 and Rs 500 and make a living, they said, the project, if implemented, will bring all the vendors on to the streets.

However, Justice Nagmohan Das directed the government to shift the market entirely within four weeks.

Quota challenged


The High Court also directed the government to announce fresh reservation for the posts of Mayor and Deputy Mayor at the Bruhat Bangalore Mahanagara Palike (BBMP).

Hearing a petition by Lokesh V Nayaka, seeking to quash the February 25, 2013 order by the State government fixing general category reservation for election to the offices of Mayor and Deputy Mayor and seeking reservation for Scheduled Tribe, Justice H N Nagmohan Das stayed the election process for a period of one week.
The petitioner had challenged the validity of notification issued by the government and had stated that in all the 14 terms, these positions were never reserved for the Scheduled Tribes. He stated that this is in contrary to the policy of reservation under KMC Act and rules.

Stating that the order dated February 8, 2013 is illegal and is opposed to the rotation principles adopted by the government, he said it is liable to be quashed. He said repeated denial of reservation will jeopardise scope and purpose of policy of reservation and would result in great injustice towards weaker sections and sought directions to reserve offices of Mayor and Deputy Mayor for the STs.

Stating that the rotation system adopted by the government is fault, the Judge observed: “The reservation is aimed at giving representation to neglected class. You must act accordingly. There is no discretion in this. This is not an automatic representation. This is constitution. Reservation upholds the core values of constitution,” he said.

When the government counsel submitted that the State will reconsider notification issued, the court stayed the election process for a week.

 

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