Acquittal In Criminal Case Can Be Considered To Determine Punishment In Department Enquiry: Andhra Pradesh High Court

In a recent case, the Andhra Pradesh High Court held that the order of acquittal in a criminal case can be considered in a punishment to be imposed in the departmental enquiry. However, the order of acquittal will not be determinative where (i) the order of acquittal has not been passed on the same set of facts or same set of evidence; (ii) where the delinquent officer was charged...

Municipalities Cannot Grant Permission For Installation Of Statute/ Structures In Public Utility Places: Andhra Pradesh High Court

The Andhra Pradesh High Court has made it clear that Municipal Corporation or Municipalities cannot grant any permission for installation of any statute or construction of any structure in public roads, pavements, sideways and other public utility places.A single judge bench of Justice Ravi Nath Tilhari further held that even if any permission was granted previously pursuant to which...

Lessee Mining Company Liable To Pay 'Dead Rent' When Unable To Extract Mineral For Non-Availability Of Clearances: Andhra Pradesh High Court

Andhra Pradesh High Court dismissed a writ petition filed by Mangalore Minerals Private Limited for a declaration that the action of the State Government in insisting for payment of dead rent for the period 2013-20, even though the quarry was not in operation for want of environmental clearance, as violative of Articles 14, 19 and 300A of the Constitution of India. The Court...

Minor Violations In Construction Of Building Which Do Not Affect Public At Large Can Be Considered To Be Regularised: Andhra Pradesh High Court

In a recent case, the Andhra Pradesh High Court allowed the Writ Petition to not allow the Corporation to demolish the building of the owner/petitioner till his explanation to the notice and request for regularization are considered with reasons. The court relied on catena of decisions related to illegal constructions to hold that deviation can be regularised if it is trivial and do...