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BJP Govt in Himachal faces criticism due to misunderstanding over a clarification

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Non-Himachali govt employees can buy land in Himachal

Shimla: Recently, after a clarification was issued by the Himachal Pradesh Revenue Department to the Deputy Commissioner of Kangra district regarding Section 38-A of Section 118 of the HP Tenancy & Land Reforms Act stirred a controversy. The clarification said children of non-Himachali employees of the State government can also buy upto 500 square metres of land in the State for building a house.

The ruling government led by the Chief Minister Jai Ram Thakur faced severe criticism with allegations of ‘selling land to non-Himachali people for a non-agricultural purpose’. The same clarification was issued earlier in July too, but that did not catch the attention of the media or the people.

It was repeated in August and this time it did rounds of social media. The Chief Minister yielded to the mounting criticism and withdrew clarification issued.

However, the original provision was actually introduced by the previous government through an amendment. The current government was just extending this provision to other family members of the eligible employees. However, only one member of the family was allowed to apply under Section 118 of the said Act.  Moreover, there was no exemption from the Section 118. The candidates were still required to apply under the Act to obtain permission.  

In July 2014, the then ruling government led by Chief Minister Virbhadra Singh had embedded provisions in Rule 38- A of Section 118 of the said Act through an amendment. It was called the ‘Himachal Pradesh Tenancy and Land Reforms (Amendment) Rules, 2014’. The amendment was mostly related making it easier for non-Himachali for setting up industrial units in the state.

The amended Act in its sub-section 3 of the Rule 38-A along with other points said,

“A person working in the state for more than 30 years recommended by the concerned local body ( DC) for grant of permission” can buy a land upto 500 square metres for constructing a residential building.

Read A Notification of the Revenue Department Issued in Sept 2014:

Similarly, a person who fulfils the above-mentioned eligibility can also purchase land up to 300 square metres for construction of a shop.

The previous Congress government and several petitioners had been reaching the court time to time terming the provision to ban non-agriculturists and non-Himachali’s from buying land in the State as a violation of the “Articles 14, 15, 19 (e) and (g) of the Constitution. Section 19 (e) of the constitution says that an Indian citizen has the constitutional right to reside anywhere in the country as per his wish.

In June 2016, the Chief of HP Congress, Sukhwinder Sukku, had also supported the need to amend the Act on similar grounds.

The petitioners argued that this rule is also creating hindrances in developmental activities in the State. It was claimed that even non-agriculturist Himachali people were also barred from buying land for any purpose other than agriculture which was unfair.  

The Act was amended multiple times since its adoption and the current government is also in favour of making amendments in the Act to relax conditions for acquiring land in the State. The government believes the dilution of this Section would make it easier to invite more investments, thus, help in the growth of the economy.

Moreover, acting on these petitions, in September 2016, the Himachal Pradesh High Court had even directed the state government to make suitable amendments in rules to facilitate the purchase of land, both agriculture and non-agriculture, by non- agriculturist Himachalis.

This court deems it fit and proper to direct the state government to make suitable amendments to Section 118 of the HP Tenancy and Land Reforms Act, 1972 read with HP Tenancy and Land Reforms Rules, 1975 in order to facilitate to purchase any land (agricultural and non-agricultural) in the state by non-agriculturist Himachalis residing in the state for decades, prior to the date of commencement of the HP Tenancy and Land Reforms Act, 1972, within a period of 90 days from today,

a division bench of justices Rajiv Sharma and Sureshwar Thakur said.

At the same time, the people of the State and social organizations have always been against any dilution of Section 118 of the Act, which was passed in 1972 to check to sell of agricultural land to wealthy non-Himachalis by the poorer agrarian community. The government feared the trend would lead the native farmers landless and the economy of the state would also be affected as the majority of the population was dependent on agriculture and horticulture for livelihood.

Madan has studied English Literature and Journalism from HP University and lives in Shimla. He is an amateur photographer and has been writing on topics ranging from environmental, socio-economic, development programs, education, eco-tourism, eco-friendly lifestyle and to green technologies for over 9 years now. He has an inclination for all things green, wonderful and loves to live in solitude. When not writing, he can be seen wandering, trying to capture the world around him in his DSLR lens.

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CM Jairam Thakur Tests Positive for COVID-19, Quarantined

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HImachal Pradesh CM Tests Positive for COVID-19

Shimla-Chief Minister of Himachal Pradesh, Jairam Thakur, have tested positive for COVID-19 and has been quarantined at his official residence. The report was confirmed by the Chief Minister through a tweet in which he informed that he was under quarantine at his residence after coming into contact with a COVID-19 positive person. On the appearance of symptoms, he got himself tested and the report was found to be positive, he informed.

According to the initial report, the Chief Minister had come in contact with some COVID-19 positive persons in Manali. MLA of Banjar, Surinder Shourie, who was positive for COVID-19 had participated in the event organized on the occasion of the inauguration of Rohtang Tunnel, had also tested positive. Shourie had spent the entire day with the Chief Minister, reports said.

His private secretary had also tested positive, and there are chances that the Chief Minister might have contracted the infection from him. However, there is no certainty regarding the contact who infected the Chief Minister.

Other than Chief Minister, three Cabinet ministers – Urban Development Minister Suresh Bharadwaj, Power Minister Sukh Ram Chaudhary, Jalshakti Minister Mahender Singh- have tested positive so far.  Over ten MLAs have already tested positive and some of them have recovered too.

Meanwhile, despite community spread, the testing and tracing seem to have fallen and the fatality rate has witnessed a steep rise. Till 12 pm today, the COVID-19 death tally for the state was 245, and the total number of cases registered was 17414. But these are official statistics and these numbers are likely to be much higher. 

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Himachal: COVID-19 Kills 59 in 9 Days, Govt Still Clueless About Actual Number of Cases

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Himachal PRadesh Jairam Thakur

Shimla-COVID-19 continue to wreak havoc in Himachal Pradesh as the death tally spirals upward rapidly. Currently, 240 people have lost their lives due to COVID-19. Fifty nine of these deaths have been reported during the last nine days of October month, which is quite alarming. But contrary to that, the attitude of the state government, as well as, the public is becoming more casual. The SOPs issued by the government are hardly being followed anywhere. The fact that with the community spread, the cases of COVID-19 are falling in the official information released by the state Health Department.

On October 9, the Department traced only 199 cases but reported seven deaths. The total number of active cases was cited to be 2856. The deceased included three females and four males aged between 49 -75 years. View details of the deceased in the below-given table:

Shimla-covid-19 deaths in himachal pradesh

The total number of cases, as per the official statistics, had reached 16977 till yesterday evening (9 PM). But these are official statistics and the real number is likely to be much higher due to a community spread. Similarly, the actual number of COVID-19 deaths could be higher than the official statistics. Despite it, the state government is reluctant to release any projection regarding the real numbers. No statements have been issued regarding the current situation and strategy to combat the rising fatality rate. Rather, the state appears to be refraining from bringing up the matter.

The oppositions, HP Congress and CPI (M), are targeting the government over its failure to combat the spread of COVID-19. However, this opposition is quite feeble and hasn’t resulted in any reforms in the attitude of the government.

In a statement to media, Sanjay Chauhan, former Mayor of Shimla and a senior CPI (M) leader, said that the rise in fatalities is the result of the government’s lackadaisical attitude. The suicide committed by a positive patient at the DDU COVID-19 hospital is evidence of it, he said. He said this approach has endangered health lives of ministers, officials, and the staff at their offices. Further, he said, health staff, paramedical staff, and police staff are getting infected, and even losing lives due to the government’s unpreparedness.  The government had even compromised the safety of the Prime Minister and Education Minister by violating norms set regarding COVID-19, he said.

HP Congress chief, Kuldeep Rathor also expressed shock over the presence of COVID-19 positive MLA of Banjar, Surender Shourie, in the event organized for the PM. He alleged that by violating all norms, the MLA concealed information regarding his COVID-19 positive status and did not quarantine himself, which reflects the state government’s attitude toward management of the corona pandemic. He had demanded registration of an FIR against Shourie and action against erring officials.

Sanjay Chauhan, further said that the government did not prepare itself to combat the pandemic the way it was expected to. The people of the state had followed the lockdown and sacrificed their livelihood with a hope that the government would prepare itself during this period to combat the spread and to strengthen the health infrastructure and services. But instead, the government indulged itself in making people clap and beat ‘thalis’.  The Chief Minister adopted and preached unscientific practices like performing a ‘havan’.  Despite a steep rise in fatalities, the government is still not serious about the situation, he said. 

He said the CPI (M) demands that the government starts working on war footing to prepare a strategy by involving health experts, strengthening the health services by recruiting doctors, para-medical and other staff, and constitute a task force to deal with the situation. The government should work diligently on following the norms set for prevention from COVID-19, he added.  

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Shocker for Himachal as Ex-CBI Chief & Governor Ashwani Kumar Found Dead at His Shimla Residence

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Himachal IPS Officer Ashwani Kumar found deat in shimla

Shimla-Ashwani Kumar – 1973 IPS officer from Himachal Pradesh cadre who had served as the Director-General of HP Police (2006-2008) and CBI chief (August 2008 to November 2010), and was later appointed the Governor of Nagaland in 2013-was found dead at his residence in Shimla on Wednesday evening. The news came as a shocker as Kumar was considered as one of India’s finest and honest officers.

Superintendent of Police, Shimla, Mohit Chawala, in statement to news agencies, confirmed the report. According to the initial report, he reportedly hanged himself and ended his life. However, no formal statement was issued regarding the suicide. According to the police, a suicide note was also recovered from the spot. However, the note was yet to be verified.

Kumar was a well known name as he had dealt with famous cases including that of Arushi Talwar murder and fake encounter of Sohrabuddin Sheikh in which current Home Minister Amit Shah was arrested in 2010.

He was one of the first appointees made to resign from the post of Governor, Nagaland, as soon as the current ruling party came into power in 2014. He also remained Governor of Manipur for a short period of time. After his retirement, Kumar was serving as the Vice-Chancellor of a private university in Shimla.

The officials who have served under Aswani Kumar have expressed shock over his demise in such a manner. 

Director-General of Police, Sanjay Kundu, and a team of medical staff was rushed to the spot. More details are awaited as the district police have not issued any formal statement regarding the incident.

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