The Environment And Consumer Protection Foundation Etc vs. Union Of India And Ors. Home Secretary

CORRECTED

ITEM NO.50 COURT NO.8 SECTION PIL(W)

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s).659/2007

ENVIRONMENT & CONSUMER PROTN.FOUNDATION Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(with appln. (s) for directions and permission to file additional documents and office report)

WITH W.P.(C) No. 133/2012 (With Office Report)

W.P.(C) No. 168/2012 (With Office Report)

Date : 01/04/2016 These petitions were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE N.V. RAMANA

For Petitioner(s)

Mr. Ravindra Bana, AOR Mr. Rono Mohanty, Adv.

NALSA Ms. Anitha Shenoy, AOR

Mr. Colin Gonsalves, Sr. Adv. Mr. Divya Jyoti Jaipuriar, Adv. Ms. Gangotri Hazarika, Adv.

• Ms. Jyoti Mendiratta, AOR
• For Respondent(s) Mr. P.S. Patwalia, ASG Mr. Kailash Vasdev, Sr. Adv. Mr. Wasim A. Qadri, Adv. Mr. Shailender Saini, Adv. Ms. Vimla Sinha, Adv. Ms. Sunita Sharma, Adv. Mr. Zaid Ali, Adv. Mr. A. Deb Kumar, Adv. Mr. Amarjit Singh, Adv. Mrs. Anil Katiyar, Adv. Digitally signed by SANJAY KUMAR Date: 2016.04.09 12:08:13 IST Reason: Signature Not Verified

Ms. Sushma Suri, AOR

Mr. D.S. Mahra, Adv. Mr. B.V. Balaramdas, Adv. NCW Ms. Aparna Bhat, AOR (NP) Mr. Pukhrambam Ramesh Kumar, Adv. Ms. Raj Kumari Banju, Adv. Mr. Sumit Kumar Vats, Adv. Uttar Pradesh Ms. Pragati Neekhra, AOR

Mr. Utkarsh Sharma, Adv.

UPON hearing the counsel the Court made the following O R D E R

Learned Additional Solicitor General has handed over to us in Court today the affidavit of compliance of the directions of 11th March, 2016. The status report was required to be filed before the next date of hearing. The affidavit filed today is in the nature of a status report and it should have been filed before the hearing and not during the course of hearing. We have made it clear to learned Additional Solicitor General that any laxity on the part of the concerned Ministry in filing affidavits is not acceptable.

Learned Additional Solicitor General says that he will take up the matter with the concerned Ministry and ensure that all affidavits are filed well in time and given to the concerned counsel so that they are also prepared with the case.

We find from a perusal of the affidavit that financial norms for running homes for widows throughout the country have been revised with effect from 1st January, 2016.

2

On being asked, we are informed that there are some homes for widows, other than in Vrindavan, in some other parts of the State of Uttar Pradesh, Uttarakhand, Odisha and West Bengal. Although we have exempted presence of learned counsel representing the States, we will now require them to be present in Court on the next date of hearing, in view of the above, along with details of information about the homes for widows and the conditions in their respective States.

In the meanwhile, we also require the National Commission for Women to make a detailed enquiry and give us a status report about the homes of widows in the States of West Bengal, Uttarakhand and Uttar Pradesh other than Vrindavan.

List the matters for this limited purpose on 22nd April, 2016.

(SANJAY KUMAR-I) (JASWINDER KAUR) AR-CUM-PS COURT MASTER

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s).659/2007

ENVIRONMENT & CONSUMER PROTN.FOUNDATION Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(with appln. (s) for directions and permission to file additional documents and office report)

WITH W.P.(C) No. 133/2012 (With Office Report)

W.P.(C) No. 168/2012 (With Office Report)

Date : 01/04/2016 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE N.V. RAMANA

For Petitioner(s)

Mr. Ravindra Bana, AOR Mr. Rono Mohanty, Adv. NALSA Ms. Anitha Shenoy, AOR Mr. Colin Gonsalves, Sr. Adv. Mr. Divya Jyoti Jaipuriar, Adv. Ms. Gangotri Hazarika, Adv. Ms. Jyoti Mendiratta, AOR For Respondent(s) Mr. P.S. Patwalia, ASG Mr. Kailash Vasdev, Sr. Adv. Mr. Wasim A. Qadri, Adv. Mr. Shailender Saini, Adv. Ms. Vimla Sinha, Adv. Ms. Sunita Sharma, Adv. Mr. Zaid Ali, Adv. Mr. A. Deb Kumar, Adv. Mr. Amarjit Singh, Adv. Mrs. Anil Katiyar, Adv.

Ms. Sushma Suri, AOR

4

ITEM NO.50 COURT NO.8 SECTION PIL(W)

Mr. D.S. Mahra, Adv. Mr. B.V. Balaramdas, Adv. NCW Ms. Aparna Bhat, AOR (NP) Mr. Pukhrambam Ramesh Kumar, Adv. Ms. Raj Kumari Banju, Adv. Mr. Sumit Kumar Vats, Adv. Uttar Pradesh Ms. Pragati Neekhra, AOR

UPON hearing the counsel the Court made the following O R D E R

Learned Additional Solicitor General has handed over to us in Court today the affidavit of compliance of the directions of 11th March, 2016. The status report was required to be filed before the next date of hearing. The affidavit filed today is in the nature of a status report and it should have been filed before the hearing and not during the course of hearing. We have made it clear to learned Additional Solicitor General that any laxity on the part of the concerned Ministry in filing affidavits is not acceptable.

Learned Additional Solicitor General says that he will take up the matter with the concerned Ministry and ensure that all affidavits are filed well in time and given to the concerned counsel so that they are also prepared with the case.

We find from a perusal of the affidavit that financial norms for running homes for widows throughout the country have been revised with effect from 1st January, 2016.

5

On being asked, we are informed that there are some homes for widows, other than in Vrindavan, in some other parts of the State of Uttar Pradesh, Uttarakhand, Odisha and West Bengal. Although we have exempted presence of learned counsel representing the States, we will now require them to be present in Court on the next date of hearing, in view of the above, along with details of information about the homes for widows and the conditions in their respective States.

In the meanwhile, we also require the National Commission for Women to make a detailed enquiry and give us a status report about the homes of widows in the States of West Bengal, Uttarakhand and Uttar Pradesh other than Vrindavan.

List the matters for this limited purpose on 22nd April, 2016.

(SANJAY KUMAR-I) (JASWINDER KAUR) AR-CUM-PS COURT MASTER