Government should go for new legislation’

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Summary: “Obviously, the provision was not intended to cover the agreements and treaties other than political.
Therefore, he said that the report of the special officer citing the violations of sections under the Indian Independence Act and FERA by Harrisons Malayalam Ltd cannot stand in a court of law.
THIRUVANATHAPURAM: The government should go for a new legislation that can take back the encroachments, if any, by large companies like Tata or Harrisons Malayalam Ltd in Idukki, stated the recommendation given by law secretary B G Harindranath .In his legal opinion on a report filed by special officer M G Rajamanickam against Harrisons Malayalam Ltd, the law secretary said that an adjudicatory body with a single judge in the rank of a district judge should also be set up that will try cases and take them to a logical conclusion.
We, accordingly , hold that Section 7(1) (b) concerns only with political treaties and agreements,” the court said.The law secretary also cited the judgment of the Supreme Court in the Life Insurance Corporation of India versus Escorts Limited case of 1985, and said that the decision to decide on Foreign Exchange Regulation Act was the jurisdiction of the Reserve Bank and not the courts.
However, he said that there was no jurisdiction for the special officer to take over the land held by Harrisons Malayalam Ltd, quoting multiple judgments of the Supreme Court It is reliably learnt that the law secretary cited the judgment of the Supreme Court in the state of Tamil Nadu versus state of Kerala and another on May 7, 2014, in the Mullaperiyar case to argue his point.

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THIRUVANATHAPURAM: The government should go for a new legislation that can take back the encroachments, if any, by large companies like Tata or Harrisons Malayalam Ltd in Idukki, stated the recommendation given by law secretary B G Harindranath .In his legal opinion on a report filed by special officer M G Rajamanickam against Harrisons Malayalam Ltd, the law secretary said that an adjudicatory body with a single judge in the rank of a district judge should also be set up that will try cases and take them to a logical conclusion. However, he said that there was no jurisdiction for the special officer to take over the land held by Harrisons Malayalam Ltd, quoting multiple judgments of the Supreme Court It is reliably learnt that the law secretary cited the judgment of the Supreme Court in the state of Tamil Nadu versus state of Kerala and another on May 7, 2014, in the Mullaperiyar case to argue his point. In the judgment, the court said that “it is true that Section 7(1) (b) of Act (Indian Independence Act) of 1947 uses the expression `all treaties and agreements’ but, in our opinion, the word `all’ is not intended to cover the agreements which are not political in nature”.The court further said that this is clear from the purpose of Section 7 of the Act as it deals with lapsing of suzerainty of His Majesty over the Indian states and the consequence of lapsing of suze rainty.

“Obviously, the provision was not intended to cover the agreements and treaties other than political. We, accordingly , hold that Section 7(1) (b) concerns only with political treaties and agreements,” the court said.The law secretary also cited the judgment of the Supreme Court in the Life Insurance Corporation of India versus Escorts Limited case of 1985, and said that the decision to decide on Foreign Exchange Regulation Act was the jurisdiction of the Reserve Bank and not the courts. Therefore, he said that the report of the special officer citing the violations of sections under the Indian Independence Act and FERA by Harrisons Malayalam Ltd cannot stand in a court of law..

Source: http://timesofindia.indiatimes.com/city/thiruvananthapuram/government-should-go-for-new-legislation/articleshow/58590618.cms

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