Karnataka HC allows family to alienate property already notified, to treat terminally ill members
Bengaluru, Apr 13: A family living in the city has been allowed by the High Court of Karnataka to alienate a part of their property even though it has already been notified for acquisition.
The Court's exceptional order came as three of the family members are cancer patients who need timely treatment.
Justice Krishna S Dixit in his judgement on March 27 said, "In the exceptional circumstances of this case, denying relief to terminally ailing citizens, especially when their property in question is the only means of holding the body and soul together by securing medical treatment, would render the constitutional guarantee to life a mere farce.
"To put it in the words of late Antonin Scalia of the US Supreme Court, the Constitution will be nothing more than a 'parchment guarantee'. Therefore, petitioners need to be permitted to alienate or encumber a reasonable portion of the property that is still in the initial process of acquisition so that they can keep their life boat afloat."
Allowing the family to alienate 50 per cent of the property, the HC in its judgment said, "If the petitioners are not permitted to encumber or alienate the subject property which is their only source of income, from which the required medical treatment can be hopefully bought, they may fall prey to the predatory disease of the kind; thus, the long pendency of acquisition process itself would imperil their life unless some 'exit strategy' is worked out within the framework of the law consistent with the requirement of justice of the times, in which petitioners are placed by the conspiracy of circumstances beyond their control."
Five members of the family had approached the HC seeking permission to alienate their property of 2 acres and 3 guntas of land which was notified for acquisition under the Karnataka Industrial Areas Development Act.
The petition was filed "since the funds are urgently needed for the medical treatment of some of them who are suffering from the hereditary terminal disease i.e., cancer of varying stages."
Ruling in their favour, the HC said, "Where the life of a citizen depends upon a certain property and the same is being taken away in an acquisition process, though lawfully launched, the delayed accomplishment of the said process and the delay that would eventually be brooked in the payment of compensation till such accomplishment happens, in the given circumstances of the case, would metaphorically amount to taking away the 'oxygen mask' from the gasping patient in the Intensive Care Unit."
The five people who approached the court seeking relief are a 72-year-old woman and her four children. The woman and her two sons are suffering from cancer.
The only daughter is taking care of them, and the 2 acre 3 guntas of property was the only source of income for the family.
The counsel for Karnataka Industrial Areas Development Board (KIADB) informed the court that the acquisition process was delayed due to disputes with other property owners and could not be speeded up.
The buyers of the property would have the right to claim compensation from KIADB when the acquisiton is complete.
"The buyers/mortgagees shall have right to claim compensation or its enhancement, should acquisition of the property be accomplished in due course and in the case of delayed acquisition, to lay a claim for interest," the HC said.
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Real Madrid fines Valverde and Tchouaméni half a million euros each for altercation
Barcelona (AP): Real Madrid slapped players Federico Valverde and Aurélien Tchouaméni with half-a-million-euro ($588,000) fines on Friday for their altercation during practice.
The massive fines came a day after the midfielders tussled when the team trained. Valverde said in a post on social media on Thursday that no punches were thrown. But Valverde knocked his head on a table and he suffered a small cut that required a brief hospital visit.
On social media, Valverde initially called it a “meaningless fight” with a teammate and said “everything has been blown out of proportion."
His employers, however, considered it a significant enough breach of team discipline to nail both Valverde and Tchouaméni with fines that bite even the bank account of a top soccer player. The half-a-million euro penalties reflect the reputational damage the club was enduring in a chaotic end to a disappointing season.
In a statement, the 15-time European champion said its disciplinary action was concluded after both players expressed to the club “their complete remorse for what happened and apologized to one another.”
Madrid added they also apologized to their teammates, the coaching staff and club supporters, as well as showing their willingness to accept whatever disciplinary action the club deemed “opportune.”
Tchouaméni was back training with Madrid on Friday, two days before they play at Barcelona in a clasico. Madrid has to win otherwise Barcelona will be crowned La Liga champion.
After being notified of the fine, he posted a public apology to the club and its fans on social media.
“What happened this week in training is unacceptable,” Tchouaméni wrote. "I say this while thinking about the example we are expected to set for young people, whether in football or at school.
“Above all, I am sorry for the image we projected of the club.”
Valverde was not at practice due to the head knock.
Both players are set to play in the World Cup next month, with Tchouaméni playing for France and Valverde for Uruguay.
Chaotic end to a poor season
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The run-in between the players, who for seasons have played side by side in Madrid's midfield, came after they argued this week in previous training sessions. But tempers boiled over on Thursday. Spanish media was rife with reports that the players previously disagreed over the club's decision to let coach Xabi Alonso go after just months on the job.
It was not the only altercation involving Madrid players during training this week. Álvaro Carreras confirmed he was in a “minor” incident with a teammate. Spanish media said he and fellow defender Antonio Rüdiger got into a scuffle.
Álvaro Arbeloa, the coach who was promoted from Madrid's reserve team when Alonso was fired in January, will face tough questions on what went wrong inside the changing room when he gives a press conference on Saturday ahead of the clasico at Camp Nou.
Madrid is facing a second consecutive campaign without a major trophy amid rumors in the Spanish media that club president Florentino Pérez is considering bringing back Jose Mourinho to straighten out his underperforming team.
