Utkal Divas :: The Day that Reshaped Mother Orissa

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Earth Hour Movement Gains Ground in Orissa

Former Chief Engineer, Electrical, Mr. Nagendra Nath Mahapatra, who pioneered Earth Hour movement in Orissa and on whose personal initiative a band of brilliant power sector personnel and social activists had held the first preparatory meeting for Earth Hour 2010 in the office of orissamatters.com leading to leaders of various organizations, social workers, trade union leaders, techno academics, journalists and other professionals joining the mission, has made a thorough search and found that the one hour union with global community to reduce carbon footprints has contributed to remarkable reduction in power consumption in this part of the globe.

On an analysis of drawal of Orissa on 27th and on 28th March 2010 from 15-Minute online data of SLDC available in OERC website for the Earth Hour 2010 period between 08.30 PM to 09.30 PM, he has sent us a report.

We are pleased to share it with the global community.

A On 27th from 09.01 to 09.15 PM, the maximum less drawal was 119, the average less drawal during Earth Hour 2010 was 90 MW.
B On 28th there was liner fall in drawal, 2541MW (8.30PM), 2533MW (8.45PM), 2525MW(9PM),2521MW(9,15PM) and
2519MW(9.30PM) , the less average drawal was only 16.50 MW.
C. During EH -2009 the maximum less drawal and average less drawal was 100MW and 75 MW respectively.

This shows, Earth Hour movement, though slowly, but has steadily gained ground in Orissa.

JUDGES CONTRIBUTE TO JUDICIAL CONFUSION IN ORISSA: A SAMPLE INSTANCE

Subhas Chandra Pattanayak

It is not possible for everybody in Orissa to go to the Supreme Court of India against orders of the High Court. So there is least possibility of a recent judgment of Orissa High Court getting tested in the Supreme Court of India. But this judgment kills the clarity and spirit of an earlier judgment of the same High Court while strangulating the original law at Order 7, Rule 11 (b) of the Civil Procedure Code contributing thereby to the confusion that the system of justice sometimes emits.

The law unambiguously says, “Where the relief claimed is undervalued and the plaintiff on being required by the court to so correct the valuation within a time to be fixed by the court fails to do so” there the “plaint shall be rejected”.

Orissa High Court had given to this law absolute clarity by defining ‘rejection’ as ‘refusal of admission’.

In deciding CRP No.268 of 2002 and related Misc. Case No.148 of 2003 on 21.2.2003, the High Court had ruled that the expression, “shall be rejected”, must mean “the plaint shall not be admitted” unless the suit is correctly valued and required duty money received.

It was a epoch making judgment as never before such a clear definition was given to the rejection-component of Order 7 Rule 11 ( c ), C.P.C.

In delivering the judgment, Justice P. K. Tripathy had not stopped with framing this definition; but had gone up to issuing a mandamus that if any District Judge fails to ensure that suits are properly valued and correct amount of court fee quantified before proceeding with the cases, “the High Court should take suitable action including considering the question of efficiency of such judicial officers to function as District Judges”.

This invaluable judgment has been rendered inconsequential by a few judges of the same High Court while allowing Probate Case No. 10 of 2002 converted to C.S.No.38 of 2005 involving property worth at least Rs 1,16,18,138/- to proceed towards “final disposal” in the District Judge Court, Bhubaneswar even though a paltry sum of Rs.5100/- corresponding to a claimed valuation of only Rs.1.5 lakhs is deposited dubiously.

This stark undervaluation, was, by a challenger to the suit, challenged before the Orissa High Court that had given birth to W.P.( C ) No.8077/08 wherein the 2003 case-law referred to supra was strongly stressed upon. The case disposed off on 24 July 2008 sloughed over the definition given to the rejection-component noted above, though the Judge had opined that if the question of valuation is raised afresh the same may be dealt with according to law by the Court below.

The law, read with the case law created by Justice Tripathy in 2003 was clear that the C.S. cannot be maintained sans deposit of duty money matching the valuation of the property which the District judge was duty-bound to determine. But the prayer for determination of the correct amount of duty money as a prerequisite to hearing was rejected again. The Judge, on 24 January 2009 noted, “I do not find any reason to take up the issue at the 1st instance without proceeding with the hearing of the case”. However the order took note of the position that till then valuation was not made an issue and so “whether the case property has been properly valued and if not, the proper valuation thereof and the additional duty money if any, to be paid by the plaintiff-applicant” was added as an issue. But the said issue was not made prerequisite to proceeding with the hearing. So this order too was challenged in W.P.( C) No.3495/09. A single Judge bench of the High Court on 5 September 2009 upheld the District Judge decision even though that was not in consonance with the case law created in 2003. Even the said case law, which the writ-applicant had stressed upon, was not paid attention to in the judgment. Against this judgment a Letters Patent Appeal was preferred. It was dismissed on 17 November 2009 as “misconceived”.

Now therefore, the primacy of determination and collection of duty money on the basis of correct value of the case property made mandatory by Justice Tripathy in C.R.P.No 268 of 2002 stands inconsequential.

Justice Tripathy had made the law so clear that at Para 11 of his judgment (Orissa Law Review 2003 [1]), he had preferred to strengthen his direction with the following observation:

It is provision in Order 7, Rule 11, CPC to reject the plaint if the suit is not properly valued or required court fee is not paid. In other words, a plaint shall not be admitted, inter alia, if there is defect in valuation or non-payment of court fee in accordance with law. Therefore, in this State, the system is prevalent that the plaint be checked by the chief ministerial officer, i.e. the Sheristadar prior to placing the same before the Bench for admission. In that respect, not only Sheristadar should be honest and sincere to his job but also he should be capable of performing that job efficiently and effectively. Therefore, District Judges have been given the discretion to select suitable staff from the eligible category to be posted as Sheristadars. Apart from that, whether or not the Sheristadar performs his duty properly, it is the duty and responsibility of the presiding officer to go into that aspect at the stage of consideration of admission of the suit. In that respect, undoubtedly a judicial officer cannot plead ignorance of law to take an excuse for not properly verifying the aspect of valuation. Therefore, on receipt of a copy of this order, the Civil Judge, Bhubaneswar shall do well to verify that aspect and to pass appropriate order. Learned District Judge shall see to it that there should be a periodical inspection by him of the Civil Courts of the original jurisdiction when the valuation aspect should be particularly gone into. Apart from that, there being requisite instructions from this Court relating to imparting training to ministerial officers by the Registrars of Civil Courts, learned District Judges shall ensure and report compliance that such training programs being undertaken, not for the name sake, but effectively and properly to the satisfaction of the District Judge. In outlaying stations, such training programs be taken up periodically by the senior most Judicial Officer. Where there are more than one officer, Sheristadars and senior grade clerks be also directed to participate in such training programs. The Registry of this Court may also ensure from all the districts relating to compliance of such training program and the matter may be placed before the Court for an administrative decision to take suitable action against the erring District Judges in that respect because to control the subordinate Courts within the Judgeship is not only the duty but also the responsibility of the District Judges and in the event of failure, the High Court should take suitable action including considering the question of efficiency of such judicial officers to function as District Judges.

So, it is not only the duty but also the responsibility of the District judge to see that his Sheristadar does not fail in finding out the correct valuation and honestly helps the Court in imposition of correct amount of court fee. In the instant case it has not happened. Not only the suit stands totally undervalued, but also the derisory duty money was entertained on a day not appointed for accepting the same but posted for purpose of filing of objection, if any, to the question raised on valuation.

But, the High Court has failed to take cognizance of this and has killed the spirit of the definition and force given to Order 7, Rule 11 ( c) of CPC by Justice Tripathy in 2003 as well as the direction he had issued to ensure that bilkers of state exchequer do not succeed in getting undervalued suits fetch their desired relief.

This sample should be cogitated upon if the system of justice is to be saved from an environment of manipulation.

EARTH HOUR, 2010: AN APPEAL

Nagendra Nath Mahapatra, Honorary Advisor, Eastern Region Indian Institute of Sustainable Development (IISD) has urged upon all to observe Earth Hour 2010 on March 27 from 8.30 to 9.30 in the evening. We fully endorse his version rendered below:

1. Earth Hour is a global event organized by World Wide Fund (WWF) for Nature and is generally held in the last Saturday of March annually asking households and business to turn-off their non-essential lights and other technical appliances for one hour to raise awareness towards the need to take action on Climate Change. The Earth Hour is the hour the world unites in a stand against global warming.

2. Earth Hour was conceived by WWF Australia and The Sunday Morning Herald and in March 31, 2007, 2.2 million residents of Sydney participated by switching off their lights and electrical appliances for an hour from 7.30 PM to 8.30 PM local time.

3. This innovative action has captured the imagination of people of 400 cities in 36 countries across the world and 50 million people switched off lights and appliances from 8 PM to 9 PM local time on 29.03.2008 to observe “Earth Hour, 2008”.

4. The “Earth Hour, 2009” was observed from 8.30 PM to 9.30 PM local time on March 28, 2009 in 88 countries and 4088 cities across the World where one billion people participated. As Earth Hour has grown from a one-city initiative in 2007 to a global phenomenon in 2009, renowned icons, including the Great Pyramids, Eiffel Tower, the Coliseum, Christ the Redeemer statute, Buckingham Palace, Beijing’s Olympic Stadium and many more world-famous landmarks have joined the global community in showing leadership on a resolution to climate change.

5. In India five million people in 56 Indian cities participated and saved 1000 MW of demand for power during that one hour where the contribution of Delhi was significant of about 600 MW.
From the icons of history like Qutub Minar, Red Fort, and Humanyun’s Tomb and Chatrapati Shivaji Terminus to the symbols of modern India hotels, cinema complexes and shopping malls-several switched off. Connaught Place in Delhi and Brigade Road in Banglore offered a unique visual spectacle with just the essential lights turned on. 100 top public and private sector organizations participated. Reserve Bank of India, Infosys, Wipro, ICICI, Google, Indian Hotels, HSBC, Standard Chartered India, HP, ITCWelcomgroup, HUDCO, Taj group of hotels and PVR. to name a few.
Amir Khan-nation’s popular youth icon as the Brand Ambassador and cricketers Sachin Tendulkar and Anil Kumble also supported the campgain. Hundreds of educational institutions including IITs, IIMs,MICA, Jamia Milia Islamia, JNU among several youth groups took ownership of the campaign to help make it a success from Cochin to Gangtok and Dehradun to Bhubaneswar.

6. At the initiative of IISD, the “Earth Hour, 2009” was observed in Odisha mostly in towns, municipalities & NAC areas and the saving in Evening Peak Demand was from 100 MW to 48 MW averaging of saving of about 75 MW during that one hour of observance.

7. In July, 2009 Earth Hour’s Vote Earth campaign releases the Vote Earth symbol calling on citizens of the world to show their vote for Earth over Global warming. In December, 2009 Global awareness of climate change soars to unprecedented levels during an historic meeting of 192 nations at the UN Climate Change Conference in Copenhagen, Denmark. Vote Earth campaign culminates on 16th December with Earth Hour Copenhagen.

8. “Earth Hour, 2010” will be held on Saturday March 27 at 8.30 PM to 9.30 PM in 4000 cities & towns across the world switching off their lights for one hour-Earth Hour sending a powerful message that it’s possible to take action on global warming. It will let world leaders know the world is still watching, following the UN Climate Summit in Copenhagen in 2009 which leaves room for a better deal.

9. Here are10 different ways you can support “Earth Hour, 2010” & reduce your carbon footprint.

1). Turning of your lights at 8.30 PM on March 27.
2). Showing your support and adding yourself to the list of global citizens caring the Mother Earth.
3). Talking about Earth Hour in your social network by updating your Facebook status, grabbing a Twibbon, tweeting about your support and more.
4). Get together with your friends and family, by hosting an Earth Hour party.
5). Rally your local council or community group to run an Earth Hour event for your community/group.
6). Make an Earth Hour Lantern as a symbol of hope for the future.
7). Enjoy a family dinner by candlelight.
8). Sit in the Dark and share stories.
9). Gather family & friends for a night picnic in your local park and gaze at the stars.
10). Be creative, Find a new way to mark “Earth Hour, 2010”.

EARTH HOUR-2010, JAI HO.

Nufern Educare Offers a New Academic Concept Developed by Brainbay

Nufern Educare (NE) offers a program that combines different concepts like Vedic Mathematics, Memory Boosters, Abacus, Think Wide, Inner Personality and Art of Communication to students from Class II to XII. It is the master franchise of Brainbay Educare (I) Ptd Ltd, Chennai that has drawn up a Course styled Focus “O” Brain addressed to brain development, memory enhancement, mathematical aptitude, lateral thinking and personality development.

Pointing out how “in today’s highly competitive scenario students are expected to acquire maximum of knowledge in minimum of time” the Director of NE, Subhrakanta Pattanaik told the press today “for the first time parents and students of Orissa are going to benefit from this path breaking course” developed on results of survey on didactic “across 9 states, 13 cities and more than 500 schools” in India.

Brainbay Educare is committed to popularize this unique concept among all major towns of Orissa said Mrs Laxmi Prava Murlidhar, the Chief of Academics (India) of Brainbay.

Public Called Upon to Observe Earth Hour 2010

Organizers led by Er. Nagendranath Mohapatra, Hon. Adviser, Indian Institute of Sustainable Development, called upon the general public of Orissa to observe Earth Hour 2010 by switching off electricity in their houses and offices from 8.30 to 9.30 in the evening on March 27 as a mark on solidarity with the word community in the noble cause of environmental well being of Mother Earth.

Stressing on the importance of Earth Hour in a Press conference, the organizers also hoped that the state government should come forward to link Orissa administration to this noble global cause.

A New Clock Heralds Earth Hour!

Engineer Nagendra Nath Mahapatra, an advisor to Indian Institute of Sustainable Development is a regular contributor to OrissaMatters.com. This article highlights the needs and priorities for observance of the Earth Hour-2010.