Top StoriesBreaking- Conviction In A Non-Compoundable Case Can’t Be Set Aside By HC U/S482CrPC On The Ground Of Compromise Except In Rarest Of Rare Cases: Bombay HC (FB) Nupur Thapliyal6 Jan 2021 7:49 AMShare This – xIn a significant judgment, a Full Bench of the Bombay High Court, [Nagpur Bench] on Tuesday held that the High Court while exercising the inherent powers under Sec. 482 CrPC cannot set aside the order of conviction of accused in a non-compoundable case merely on the ground that the accused and complainant had arrived at a compromise at a post conviction stage. However the same can…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginIn a significant judgment, a Full Bench of the Bombay High Court, [Nagpur Bench] on Tuesday held that the High Court while exercising the inherent powers under Sec. 482 CrPC cannot set aside the order of conviction of accused in a non-compoundable case merely on the ground that the accused and complainant had arrived at a compromise at a post conviction stage. However the same can be done only in the rarest of the rare cases depending upon the individual facts and circumstances of each case. The observation came in the wake of a reference made by a division bench of the High Court after a conflict of decisions was observed in three different judgments pronounced by the division bench of the High Court. BACKGROUND OF THE REFERENCE The question of reference came into existence after a division bench of the High Court was of the view that exercise of power under Sec. 482 of CrPC for quashing and setting aside the conviction order must be rarely exercised and the power must be invoked in exceptional circumstances only. The division bench while disagreeing with the four decisions of the High Court following the same proposition framed two questions and sought reference to be made by a larger bench. Accordingly, a three judge bench of the High Court convened to answer the questions so framed. The four cases that formed the basis of the reference were: Udhav Kisanrao Ghodse v. State of Maharashtra: The accused was convicted of Sec. 354 and Sec. 447 of IPC. Since the accused and informant arrived at a compromise, the accused approached High Court under Sec. 482 CrPC wherein the division bench while relying on Abasaheb Yadav Honmane v. State of Maharashtra 2008 (Bombay HC) and Gian Singh v. State of Punjab & Anr. (2002) 10 SCC 303 set aside the conviction order and the informant was permitted to compound the offences including Sec. 354 of IPC which is a non compoundable offence. This was done in order to maintain “cordial relations in future which is necessary for the society.”Ajmatkhan & Anr. v. State of Maharashtra: The accused was convicted under Sec. 354 and Sec. 452 of IPC and the division bench of the High Court after following Udhav Kisanrao judgment set aside the conviction order following the same observation.Shivaji Haribhai Jawanjal v. State of Maharashtra: The accused was conviction under Sec. 323, 354, 452 and 506 of IPC. The accused and complainant approached the High Court under Sec. 482 CrPC on the ground of them arriving at a settlement. The division bench of the High Court while relying on judgment of Kiran Tulshiram Ingale v. Anupama P. Gaikwad & Ors. (2006) (Bombay HC) held that powers under Sec. 482 can be exercised in cases where a settlement is reached even after the conviction of the accused. This was observed after considering the aspect of restoration of the offender. However, the position conflicted after the judgment in Maya Sanjay Khandare & Anr. v. State of Maharashtra. The accused was convicted under Sec. 354D and 506 of IPC along with Sec. 3(1)(xi) of SC ST Act, 1989. The division bench after relying on previous decisions came to the conclusion that powers under Sec. 482 CrPC can be rarely exercised and it cannot be exercised merely on the ground of settlement of the parties. It was after the conflict in opinion resulting from the judgment of Maya Sanjay Khandare case that the matter was referred to a larger bench. QUESTIONS OF REFERENCE In a prosecution which has culminated in a conviction, whether the power u/s 482 Cr.P.C. ought to be exercised for quashing the prosecution/conviction altogether, (instead of maintaining it and considering the issue of modification of the sentence) upon a settlement between the convict and the victim/complainant?Whether the broader principles/parameters as set out in Gian Singh vs State of Punjab and another (2012) 10 SCC 303, Narinder Singh vs. State of Punjab (2014) 6 SCC 466 and Parbatbhai Aahir and others vs. State of Gujrat (2017) 9 SCC 641 have been correctly applied in deciding Udhav Kisanrao Ghodse, Ajmatkhan Rahematkhan and Shivaji Haribhau Jawanjal ? SUBMISSIONS OF APPLICANTS The applicants had argued that the high court in the exercise of powers under Sec. 482 CrPC, even after the conviction, can end the dispute if a settlement has been reached between the accused and the complainant. It was also argued that in such cases, reformative theory has to be taken into consideration. He relied on the case of Shivaji Haribhau judgment to substantiate the argument. Furthermore, it was argued that once the requirements of Sec. 482 are met so as to prevent an abuse of power of the any Court or to secure the ends of justice, the proceedings can be quashed notwithstanding the fact that the conviction order was already passed against the accused. Merely because the order of conviction was pending adjudication at the appellate or revisional stage the same could not be a ground for refusing to exercise powers under Section 482 of the Code to quash the criminal proceedings especially when the parties to the dispute had arrived at a settlement. Another argument made in the case was that the case of Gian Singh and Narinder Singh do not deal with the situation arising out of the prayer for quashing criminal proceedings after conviction for a non-compoundable offence. The ratio of those decisions was in the context of settlement of disputes before conviction. It was argued that these precedents deal with a pre conviction stage and the analogy applied in the cases could not be extended to the present reference matter. “If the proceedings under Section 482 of the Code are entertained despite availability of appellate remedy, the same would result in transgressing appellate jurisdiction conferred on the Court.” The arguments said. ON FIRST QUESTION VIS à VIS SCOPE OF SEC. 482 CRPC The bench while referring to a catena of judgments observed that the merits of the decision in Gian Singh was about quashing a non compoundable offence under Sec. 482 followed by a settlement between the parties, however, the power under Sec. 482 would depend on the facts and circumstances of each case. As far as the dictum in Narinder Singh is concerned, the bench observed that “even while exercising power of quashing criminal proceedings in respect of non-compoundable offences which are private in nature and do not have serious impact on society the High Court is expected to consider the antecedents of the accused, his conduct as to whether he was absconding and reason for the same and how he managed with the complainant to enter into a compromise.” It was further observed that the observations are an indicator of parameters that have to be applied by the High Court when quashing the conviction order in non compoundable offences which are private in nature and do not impact the society in any manner. On the question of whether compromise by itself is sufficient to set aside the conviction in non compoundable offences The bench while relying on Ram Pujan & Ors. v. State of UP (1973) held that there is no power conferred by the Code either on the appellate Court/revisional Court to acquit an accused convicted for a commission of a non-compoundable offence only on the ground that compromise has been entered into between the convict and the informant/complainant. “The law of the land is therefore clear that compromise entered into after conviction of the accused for a non-compoundable offence cannot by itself result in acquittal. Such compromise can be taken into consideration while imposing appropriate sentence on the accused. Thus if an appeal challenging conviction for a non-compoundable offence cannot be allowed only because the parties have compromised amongst themselves and the order of conviction cannot be set aside on that count, such result cannot be obtained in proceedings under Section 482 of the Code on similar grounds.” The bench held.The bench also observed the contention that the accused and informant entered into a compromise after conviction can only be raised before an appellate/revisional court and that it would be a sound exercise of discretion under Section 482 of the Code and in accordance with the law of the land to refuse to quash criminal proceedings post-conviction for a non-compoundable offence only on the ground that the parties have entered into a compromise. What the court must do is that only in the rarest of the rare cases should the court quash such conviction. The bench held that the ratio of Kiran T. Ingale judgment must be applied subject to limitations and that the expression “criminal proceedings” used in Gian Singh and Narinder Singh judgments would cover the entire journey of proceedings commencing from initiation to the finality. ON SECOND QUESTION OF BROADER PRINCIPLES On the question of whether the broader principles as set out in the Gian Singh and Narinder Singh judgments were correctly applied in the three cases, the bench after referring to the disagreement already expressed by the High Court in Maya Sanjay Khandare judgment refrained from going into the individual examination of the three judgments in question. However, the bench observed that in Uddhav Kisanrao and Ajmankhan judgments, the court permitted the compounding of offences even in offences that are non compoundable. The Court also noted that the division bench in Shivaji Haribhau case dealt with the question of exercise of powers under Sec. 482 CrPC for quashing criminal proceedings after the conviction and set aside the convicton of accused in view of the settlement of dispute between parties. The bench concluded the second question after relying on Surender Nath Mohanty & Anr. v. State of Orissa (1999) wherein a three judge bench of the Apex Court had held that t the effect of compromise after conviction for a non-compoundable offence has to be taken into consideration only for the purpose of reducing the sentence and not for setting aside the conviction on that count. The bench held that “Since we have held that compromise by itself is not sufficient to set aside the order of conviction for a non-compoundable offence, setting aside the order of conviction as directed is contrary to the decision in Surendra Nath Mohanty & Anr. Question (B) stands answered accordingly.” Case Name: Saumaya Sanjay Khandare & Anr. v. State of Maharashtra Judgment dated: 05.01.2021Click Here To Download Judgment[Read Judgment]Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
Hostmaker, one of the UK’s most high profile Airbnb property management companies, faces going into administration, it has been revealed.The company behind the business, Flying Jamon Limited, has filed a notice of intention to appoint administrators at the High Court, The Times has reported, giving it until early March to keep the business afloat.Hostmaker says it is in talks with several investors. Founded six years ago by former hotel industry strategist Nakul Sharma (left), it has raised £30 million during two funding rounds.Armed with this cash, the business has expanded from London into Thailand, France, Spain, Italy and Portugal.Its model is to offer property owners and landlords the ability to rent their properties out via Airbnb using Hostmaker’s digital platform, while Hostmaker outsources and manages each booking.Investors have got excited about platforms such as Hostmaker because, by piggy-backing the rise of Airbnb and other short-lets platforms, it was clear they could make significant margins and gain volume quickly.But gaining market share and instruction proved to be expensive, as its most recent accounts show for 2018. That year Flying Jamon spent £9.9 million generating a £12 million turnover but had administrative expenses of £16 million and therefore made a loss of £14.3 million.Hostmaker also got into hot water last year when its aggressive tube advertising was criticised for suggesting landlords should abandon long-term lets for short-term ones.The company told The Negotiator at the time that it wanted to apologise for the tone of the ads and recognised that it was misguided.Read more about Hostmaker.Hostmaker airbnb February 25, 2020Nigel LewisWhat’s your opinion? Cancel replyYou must be logged in to post a comment.Please note: This is a site for professional discussion. Comments will carry your full name and company.This site uses Akismet to reduce spam. Learn how your comment data is processed.Related articles Letting agent fined £11,500 over unlicenced rent-to-rent HMO3rd May 2021 BREAKING: Evictions paperwork must now include ‘breathing space’ scheme details30th April 2021 City dwellers most satisfied with where they live30th April 2021 Home » News » One of UK’s leading proptech platforms faces going into administration previous nextProptechOne of UK’s leading proptech platforms faces going into administrationHostmaker raised £30 million from two funding rounds and hoped to become a global platform for landlords and homeowners wanting to rent out properties on Airbnb at arms length, for a fee.Nigel Lewis25th February 202003,970 Views
Beverly and her husband, Richard, graduated from the square dancing program in 2005.She likes the activity because, “it helps you physically and mentally.” The dancing provides low-stress aerobic exercise, which is good for any age, and having to work on remembering the different movements and working with others in a square is a good problem-solving exercise, Beverly said.Along with those benefits, “It does keep me out of trouble,” she said, offering a little smile, then adding, “I still get in a little trouble around here.”There are about 78 basic calls dancers learn, such as the do-si-do (or dosado), swing your partner, promenade and grand square, which are the more commonly known ones. And while it takes time to learn the basic moves, “All you have to do is pay attention,” to begin to understand and do them, Frechette said. “There’s no dancing ability needed.”Another appeal of square dancing, participants explained, is that unlike, say, ballroom dancing or tango lessons, you don’t need to bring a designated partner to take lessons or join in the dances. “I think people think you have to know how to dance,” said Bill Smith, Port Reading. “You don’t.”Or have the partner. There are women who regularly dance the man’s part, if there is a shortage of males on a given evening. All it takes is to have eight dancers to form the square, Frechette said.Yackel said she can dance both men’s and women’s parts. But that has its difficulties, she acknowledged. “The hardest thing to remember is to move right or to move left,” she confided.Smith, who started square dancing thanks to friends in Salt Lake City, Utah, who recommended it to him. “I went to a barn dance and enjoyed it and here I am.”Smith enjoys the exercise and said, “You get to meet different people you wouldn’t get to meet other wise.”The music ranged from some classic pop tunes, swing-era standards to even Jimmy Buffett. “Whatever the caller wants,” explained caller Gotta.Gotta, North Brunswick, has been square dance calling for 54 years. The caller’s role, she said, is to “create the dance pattern and communicate it to the dancers.”“If I stop calling everything stops,” Gotta said.“Not that it’s about power,” she kidded with a small wave of her hand.Gotta has been square dancing since she was 5, attending dances at the Metuchen YMCA. “A lot of us started dancing when we were young,” she noted. “So pretty much anyone can do it without tramping on their own feet.”Red Bank resident Phyllis Lamarche was “looking for an activity to do solo.” She wound up meeting Ted Inge, Freehold, when they both started taking classes as part of the SCAN (Social Community Activities Network) program conducted at Monmouth Mall, in Eatontown. Now “We’re dance partners, at the very least,” Lamarche said.And that was a good selling point for her. “The best part is all the friends you make,” she said.The Middletown Ramblers was founded in 1970 and decided, first jokingly, to take its name from the type of car owned by three of the original members, the American Motors Rambler.The group will be holding an open house, offering an introduction to square dancing, from 7 to 9:30 p.m. Friday, Sept. 23, at the Thompson Park Activity Barn, 805 Newman Springs Road/County Route 520, Lincroft. Story and photo by John BurtonMIDDLETOWN – Swinging your partner and do-si-do’s have had members of the Middletown Ramblers coming together for more than four decades, enjoying the shared wonderful company, the activity and of course the pleasure of square dancing.“It’s the best activity you can find for the body and the mind,” insisted Prudence Frechette. Frechette, an Eatontown resident who likes to be called Pru, has been square dancing for 35 years and really appreciates the physical activity and “the social part.” On top of that, Frechette said, what she likes is its way of leveling the playing field, its democratization on the dance floor. “When you’re on the square,” she said, “nobody knows who’s the street sweeper or the CEO.”Frechette was one of about 50-plus who squared off to the commands of caller Betsy Gotta last Friday evening at the township’s senior center, at Croydon Hall, 900 Leonardville Road, in the township’s Leonardo section, for the group’s regular dance.Beverly Yackel, a River Plaza resident and the Ramblers’ coordinator, said those attending the Friday night dance, were “plus” dancers, Yackel explained, who have reached a certain accomplishment level. Club members have reached “a higher level” of square dancing that comes when they complete the nearly year-long set of two programs conducted by the Monmouth County Park System at a cost of $50 per person for each set of 12 two-hour sessions. Lessons are held at the Henry Hudson Trail Activity Center, 945 Highway 36 and Avenue D, Leonardo. Classes for the next session begin on Sept. 27 and the first class is free.
Manus Kelly, a prominent businessman and Donegal County Councillor, has been named as the competitor killed on Sunday following a crash at the Donegal International Rally.Kelly lost his life as a result of a horror crash as he competed in this year’s Donegal International – an event he won in each of the previous three years.The Hyundai i20 R5 Kelly was driving left the road during special stage 15, Fanad Head, the first of six stages planned for Sunday afternoon, the final day of the three-day event. The crash happened around 12.30pm at Baile na Brocar.The race was halted and subsequently cancelled and an investigation has been launched by Motorsport Ireland and the Donegal Motor club.Kelly’s co-driver Donall Barrett was taken to Letterkenny University Hospital. His injuries are not believed to be life threatening.Aged 41, Kelly was married, to Bernie and they have five children. He is also survived by his parents, Donal and Jacqueline, and eight siblings. Kelly was a newly-elected councillor in Donegal County Council. In last month’s election, Kelly, running as a Fianna Fáil candidate, polled 906 first preference votes.“It was obvious throughout his recent election campaign that he was passionate and entirely committed to serving the people of the Letterkenny electoral area which he cherished,’ Fianna Fáil leader Micheál Martin said.“Manus made a huge contribution to his community. As a self-employed businessman, he employed 60 people in Letterkenny. He was an active fundraiser and advocate for the Letterkenny University Hospital.“He will be sorely missed by his family, friends and all those closest to him. My thoughts this evening also remain with Manus’s co-driver and loyal colleague, Donal Barrett. Manus’s death is an immeasurable loss to us all.”A successful businessman, Kelly was the managing director of Tailored Facility Solutions, a property management company based in Letterkenny, and also the proprietor of the popular Uptown Cafe in Letterkenny. Kelly was a long-time motorsport enthusiast and shot to prominence in 2015 when winning the national rally at the Donegal International Rally.“Manus was a great ambassador for our sport and for the Donegal Rally,” Clerk of the Course Eamonn McGee said.“It’s devastating news for everyone to process. Manus was such a popular character and a great competitor.”Kelly was deeply immersed in the Glenswilly GAA club and managed them to a Senior C Championship win in 2016. Kelly was a club-mate of Donegal captain Michael Murphy. News of the tragedy was conveyed to the Donegal dressing room after their win over Cavan in the Ulster final and the mood was sombre as they processed the news.A joint statement issued by the Donegal Motor Club and Motorsport Ireland said: “Donegal Motor Club and Motorsport Ireland would like to extend its sympathies to the family and friends of Manus Kelly who was fatally injured during a tragic accident while competing in the Donegal International Rally on Sunday, 23rd June 2019.“Manus was a three-time winner of the rally and was immensely popular in the rally fraternity. Our thoughts are with his family and all affected at this time.”Manus Kelly tragically loses his life in Donegal International Rally accident was last modified: June 26th, 2019 by Staff WriterShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)Tags:donegal international rallyManus KellyRIP
The Curry 6 “United We Win” sneakers.The Bay Area girl who moved Stephen Curry to change the way he sells sneakers appeared with the Warriors’ superstar on national television Friday to discuss their extraordinary creative collaboration.Curry marked International Women’s Day by releasing his newest namesake sneaker, which he co-designed with 9-year-old Riley Morrison.Morrison, a Napa resident, earned widespread attention last November when she wrote Curry a letter explaining that she had …
Cathay Pacific’s profit has nosedived almost 110 per cent to a 2016 net loss of $HK575m ($US74m) amid warnings from the Hong Kong group that it expects the environment this year to remain challenging.The worse than expected result is the group’s first loss in eight years and came as it grappled with the aggressive expansion of Chinese carriers.The carrier blamed the slump from a 2015 profit of $HK6 billion on “intense and increased” competition combined with economic factors such as the strength of the Hong Kong Dollar and reduced economic growth in mainland China.Cathay said other airlines significantly increased capacity during the year with more direct flights from mainland China and increased competition from low-cost carriers.Group revenue fell 9.4 per cent to $HK92.75 billion.Overcapacity hit cargo operations, where revenue was down 13.2 per cent, and the strong Hong Kong dollar made the city an expensive destination and reduced visitor numbers, it said.Benefits from low fuel prices were also partially offset by fuel hedging losses.The upshot was a 9.4 per cent reduction in group revenue to $HK92.75 billion and a warning the stress would continue.“We expect the operating environment in 2017 to remain challenging. Strong competition from other airlines and the adverse effect of the strength of the Hong Kong dollar are expected to continue to put pressure on yield,’’ Cathay chairman John Slosar said. .”The cargo market got off to a good start, but overcapacity is expected to persist.’’Passenger revenue fell 8.4 per cent to $HK66.9 billion while capacity increased by 2.4 per cent as new routes such as Madrid and London Gatwick were added and frequencies were increased on others. The load factor was down 1.2 percentage points to 84.5 per cent while yields fell 9.2 per cent.The airline took delivery of 10 Airbus A350-900s during the year and deployed them on services to Auckland, Düsseldorf, London Gatwick, Paris and Rome.t retired its remaining Boeing 747-400s and three Airbus A340-300s during the year with another A340 leaving in January and the remaining three aircraft all due to go this year.Cathay expects to continue to benefit this year lower fuel prices, but to a lesser extent than in 2016, as it works to reduce costs, improve reliability and use its assets more efficiently. “Despite the challenges with which we are faced, we still expect our business to grow in the long term.’’ Slosar said. “Air traffic to, from and within the Asia-Pacific region is expected to grow strongly. We intend to benefit from this growth by increasing our passenger capacity by 4-5 per cent per annum, at least until the third runway at Hong Kong International Airport is open.“We will continue to introduce new destinations and to increase frequencies on our most popular routes.’’Slosar said the group was embarking on a three-year “corporate transformation program’’ aimed at producing returns above the cost of capital.“The goal is to become a more agile and competitive organisation in order to take advantage of changing market trends and customer preferences,’’ he said.
Share Facebook Twitter Google + LinkedIn Pinterest America’s pig farmers will produce a record-breaking number of market hogs this year, resulting in ample supplies of pork hitting grocery stores and restaurants. It is anticipated that this high level of production will continue well into 2017.“The U.S. economy is growing, and that is good for meat demand,” said Len Steiner, a pork industry economist. “Some key indicators of growth include the stock market recently hitting all-time record highs, increasing consumer confidence and an unemployment rate now at 4.9%, demonstrating the U.S. economy is at or near full employment.”Steiner added that total meat production continues to increase, moving from 90.9 billion pounds in 2014 with expectations for meat output to exceed 101 billion pounds this year. Not since the mid-1990s has meat production increased so quickly.“We estimate that 2016 U.S. pork production will set an all-time record just shy of 25 billion pounds, with even more pork expected to be produced in 2017,” Steiner said. “The good news is that retailers and foodservice operators feel more secure about the growing meat supply, which can translate into falling meat prices and more promotional activity.”National Pork Board President Jan Archer, who is a pig farmer from North Carolina, noted that the Pork Checkoff is taking a number of significant steps right now to help move the large supply of pork through the U.S. market place.“As a pork producer, I’m very excited about the work going on behind the scenes to help producers market this much product,” Archer said. “Our goal always is to provide high-quality, delicious pork to consumers in the U.S. and around the globe.”Consumers can expect more pork at potentially lower prices at U.S. meat counters and in restaurants.This quarter, the Pork Checkoff has been:Partnering with major grocery retailers. The Pork Checkoff is working with the top 10 U.S. grocery retailers — representing 65% of the U.S. retail market — to feature key pork cuts. Retail promotions are underway with Walmart, Costco and Kroger, among others.Focusing on foodservice. The foodservice team works closely with most of the top 100 high-volume restaurant chains to share the opportunity pork presents through versatility, profitability, availability and customer appeal. A focused effort is also underway to launch pork promotions with food distributors who provide groceries to independently owned restaurants, contract foodservice providers and large, independently operated colleges and universities.Implementing digital marketing and online promotion. For the holidays, the Pork Checkoff launched the Make it a Moment campaign on social media to help pork stand out.Connecting with multicultural consumers. Latinos and African Americans are some of pork’s best customers. Building on the success of this year’s summer campaign, promotions for the fourth quarter’s “Make it a Moment” campaign will include a Spanish-language web site and new videos.“The fourth quarter is consistently the strongest quarter for pork sales,” said Patrick Fleming, director of market intelligence for the National Pork Board. “In 2015, fourth-quarter pork sales totaled $3.6 billion, with the 1.125 billion pounds representing 28% of the sales for the entire year. The industry is prepared for a similar situation in 2016.”Fleming added that in foodservice, pork is on trend as the fastest-growing protein.“Pork is featured in the top three items on restaurant menus today,” Fleming said. “And it is not just main entrees like ham and pork loin, but now includes such items as candied bacon, pork belly and porchetta. Flavor, versatility and value set pork apart.”While the high value of the U.S. dollar and competition from other countries in key export markets have curbed U.S. pork export demand, there are positive signs on the horizon.“About 25% of U.S. pork production goes overseas, and we need to keep moving product to keep producers profitable,” said Becca Nepple, vice president of international trade for the National Pork Board. “Mexico, China, Japan, Korea and Canada are our big five buyers, and the Pork Checkoff, through the U.S. Meat Export Federation, continues to invest in pork promotions overseas.”
UnfoldingMaking energy-efficient buildings — even net-zero energy ones — will not maintain our communities in the face of a radically different adverse conditions. Going forward, we must think and practice beyond the building by using whole-systems thinking to build resilient communities.“Unfolding,” a core idea of architect Christopher Alexander’s thinking, will serve as a useful guide to this discussion.(1)Unfolding occurs when one walks the land to discern what the land wants built. This process meanders and is nonlinear. It takes time. We can see ourselves as being in the same unfolding process with the shift from sustainability to resilience. We must observe and sit with the earth and the concept of resilience so we can determine what to do next.Sustainability has served as the NESEA mantra for many decades. I believe it is time to envision a new, more holistic mission. Sustainability is about limiting adverse impacts of people on the the planet through reduction of our natural resource use. By contrast, as C.S. Hollings said, “Resilience is a way of conceptualizing the ability to change and adapt. The best resilient systems don’t just bend and snap back. They get stronger because of stress. They learn.”We think most often about resilience in terms of our response to natural disasters. Andrew Zolli describes resilience as the product of the response of various professions. For the emergency responder, the focus is getting people safe and critical systems back up. The psychologist helps people deal with trauma. Businesses install redundant systems so the doors stay open for customers.Although their specific responses differ, these three professions — emergency responder, psychologist, and business person — employ a common approach. They adapt, aim to foster continuity, and learn from adversity. Resilience does not mean a community returns to its original state. Both people and systems must anticipate what to change so the community might better withstand future shocks. This blog was originally posted by the Northeast Sustainable Energy Association as part of this year’s BuildingEnergy conference in Boston. Robert Leaver has over 38 years of experience as a convener and facilitator. He will speak at sessions on March 4 and again on March 5.“May we live in interesting times,” goes the ancient Chinese saying, conveying both a blessing and a warning. In the face of extreme weather conditions — unusual and repetitive water, heat, and wind events — and severe depletions of natural resources, the landscape that NESEA practitioners face differs greatly from that of our predecessors. In these interesting times we think we know what to do — make tighter buildings — but in reality we must begin to address much larger issues in the resilience of the communities around our buildings.At the BuildingEnergy conferences in 2013 and 2014, I served as a co-chair for the Resilient Cities track. This article was inspired by those rich conversations, which made it clear that sustainability thinking and practice will not be enough to make our communities thrive.We must move beyond sustainability and embrace resiliency. Resilient buildingsWe face a central question when it comes to the resiliency of our building stock: rebuild on or retreat from land hit by a natural disaster? Going forward, we must learn from building performance in natural disasters, then use that intelligence to determine where to build. We should not automatically rebuild what was there before, because the risks of the past are not the risks of the future. Instead of rebuilding, we ought to analyze the conditions to establish criteria for retreating or rebuilding. RELATED ARTICLES Designing Homes and Communities That Can Survive a DisasterResilient CommunitiesIt Takes a Village to Be Resilient Designing Houses and Communities To Be Smarter and More ResilientResilience: Designing Homes for More Intense StormsMaking the Case for Resilient DesignGreen Building Priority #9 – Create Resilient HousesMaking Houses Resilient to Power OutagesLocal Food and ResilienceResilience as a Driver of ChangeDesigning for the Future Resiliency means not just rebuilding, but learning from disaster to create a better future. One disaster prepares a community for others. As the community leaders of Newtown, Connecticut, said: “Without the experience of the previous hurricane and snowstorm, the town would not have come through, with resilience, the shootings at the Sandy Hook elementary school.” What the town learned from severe weather, it was able to apply to an entirely different sort of tragedy. It was, in a word, resilient. Resilient communitiesResearch demonstrates that communities with tighter ties among people — regardless of age, sex, race, or class — survive threats of extreme weather, heat, or flooding better than those with loose ties.We must create people and neighborhoods that can survive and even thrive after a disaster. Yes, the buildings must be resilient, but so must the people living in and around them. As designers, we must keep asking: Where are the areas of public community refuge?Developing community resilience requires a network of local businesses that agree to stay open when disaster hits to provide for basic needs like food. We must develop an information infrastructure to disseminate this information.Think about your neighborhood. In the face of a disaster, does the social fabric come together or tear apart? What is the community connectivity rating or altruism index? (This can be measured by the presence of community gathering places such as farmers’ markets, spiritual places, and bars.) The presence of known community resources tempers hostile resource wars in the face of scarcity.Neighborhoods need known public places of community refuge that have the basic resources for survival, places where people know they can go in a disaster. Distribute lists of mobile phone numbers of people in your neighborhood. What is the walking score to reach the basic amenities of your place? If there is no gas for your car or transportation, where are the amenities you need that you can walk to?After a disaster, members of a community are the brains for directing and organizing recovery and learning. The recovery effort has to be collaborative and consensus-based or we all suffer. Communities can identify the natural neighborhood conveners and organize them in advance. Build community resilience peer-to-peer, one person at a time.In Connecticut, for example, volunteer Community Emergency Response Teams go house to house after a disaster to check on people’s well-being. Their work supports first responders and frees them for work requiring higher levels of training. In Boston, the Jamaica Plain New Economy Transition holds an emergency preparedness pie-eating party to inform community members about available resources. Resilient infrastructure and systemsA resilient community must have flexible infrastructure, both for information and services. Smart phones, for example, can be used in emergency communication mode by disabling data downloads and camera use. This emergency approach maximizes the life of the phone and provides access over a longer period of time.When designing, we can think about what utilities and resources are underground, and try to get them moved above ground. In an emergency situation with limited fuel and electricity, getting to underground utilities becomes very difficult. We should consider all hazards such as wind, heat, and flooding in both buildings and communities. How does a building operate? How does its landscaping interact with the forces of nature? We should look at the vulnerability of assets in the face of multiple hazards. Resilient soul of the worldSoul is a slippery notion. It is murky, squishy, and even, at times, dark. One might say soul is what is underneath our culture: the underground, muddy, the underbelly. But soul holds up the culture; it keeps us unfolding in community. With soul comes intimacy and reflection.Our experience of soul might occur as we walk on the street and stop in our tracks, arrested by the face of an elder or the patina of an old building. Soul does its work when it slows us down to experience another face or look at a parking meter. It is the continuous layering of memories, of our collective stories as well as our tales of rogues and community leaders.Memories are honored in what was built at different times, for different purposes, and with different architectural styles. A building does not have to be classical or traditional to reveal soul. Soul is what is unknown, either longing to be revealed or to remain unknown, or what is unfinished, what is to come next in a place.To experience soul, we must let go of our rational minds and drop into it. We can’t fully know the soul of a place through our head. To glimpse the richness of soul in a place, we must feel it. The soulful way is slowly attending to the particulars of a place: —that lamp post, this curb, that storefront—all arresting us in profound imagination.The door into soul is not the mind, but aesthetics. Here we are, at the root of aesthetics, breathing in through our senses, noting an arresting image or experiencing the presence of another person on the street. The heart is opened, the body tingles—that is the aesthetic response. Beauty is present.Soul reveals beauty, which is what must be present in a neighborhood for us to bond with the place and each other. Resilience requires these tight bonds. And without a deep sense of soul, community resilience is a fleeting potential. Four moves toward resilienceWe can explore our move toward resilience in four areas: community, buildings, infrastructure, and the “soul of the world.”Already part of our practice, the areas of buildings and infrastructure will come easily to NESEA members. Fostering community and soul, although harder goals to grasp, are vital for improving the human condition. These two areas are discussed in depth below, as they are the least familiar to most of us and arguably the most important to understand. CodaAs practitioners and thinkers we have much to learn about resilience of communities, buildings, the infrastructure, and the soul of the world. It will be a whole system in action. We are in for bigger and bigger shocks. Right now we need less science and a bit more art until the science beyond building science is better known. And even as we evolve the science, art and aesthetics must be present shaping our places.
Top Reasons to Go With Managed WordPress Hosting A Web Developer’s New Best Friend is the AI Wai… 8 Best WordPress Hosting Solutions on the Market Why Tech Companies Need Simpler Terms of Servic… Tags:#alternative energy#Earth Day#efficiency#energy Earth Day, which has been held annually in the U.S. on April 22 for the last 43 years, is a moment for education about and support for environmental protection. Founded in 1970 as a teach-in day by Senator Gaylord Nelson, Earth Day marks a time to work together on renewable energy, recycling and preservation, as well as to celebrate the life that exists outside our phone and laptop screens. There is no better time to than Earth Day to reflect on how best to use and recycle technology while staying conscious of power use. These 5 tips won’t save the planet, but they will make your own tech use a little greener: 1. Monitor Your Sleep Mode PreferencesIT solutions provider En Pointe Technologies points out that computer use during off hours is a huge energy waster that driving up facilities costs for businesses. One way to curb this problem is to stay on top of your power management and energy-saver preferences, ensuring that your devices go to sleep in a timely manner when not in use. 2. Unplug To Avoid “Vampire Power”According to the Environmental Protection Agency (EPA), devices that are in standby mode but still plugged in add up to an extra $10 billion in energy costs per year. The solution to the effects of vampire power is to always switch off power strips, or unplug at the end of the day or before the start of a long trip. This goes for not only PCs and laptops, but for smartphones and tablets as well.3. Recycle Your Old TechNumerous retailers, from Apple Best Buy to Staples and Office Max, have technology-recycling programs that allow you to either drop off or send in your unused devices for environmentally safe recycling. Apple’s Recycling Program is a great start for any and all iDevices, and the Environmental Protection Agency has a great searchable database for donation and recycling by device and company. And even enterprises can contribute by relying on recycled technology when appropriate.(See also Refurbished IT: A Cost-Efficient, Green Approach To Big Data.)Why is this so important? “Recycling one million laptops saves the energy equivalent to the electricity used by more than 3,500 U.S. homes in a year,” says the EPA, and for every million cell phones recycled, 35 thousand pounds of copper, 772 pounds of silver, 75 pounds of gold, and 33 pounds of palladium can be recovered.4. Put Up Barriers To Office PrintingIt might seem hard to believe what with all our electronic gadgets, but the average office worker still uses 10,000 sheets of copy paper each year. Mixed in with that huge stack of paper is a considerable chunk of un-retrieved print jobs, where someone prints something off and ends up never picking it up. By adding authentication, like the scanning of employee ID, to initiate printing, businesss can cut down on the amount of paper wasted in the office. 5. Go FluorescentFluorescent light bulbs may not be as sexy as power-saving algorithms on your smartphone, but they arguably make a much bigger difference to the planet. Fluorescent bulbs enable a number energy-saving factors that reduce power consumption. Compared with incandescent bulbs, a standard fluorescent bulbs lasts 10 to 20 times longer (35,000 hours vs. 2,000 hours) and use 75% less energy. They also produce 75% less heat, which helps cut airconditioning costs.Replacing your home or business’ incandescent light bulbs with eco-friendly fluorescent ones is a huge step towards an overall greener tech footprint – without even touching your computers and mobile devices. Image courtesy of Shutterstock. Related Posts nick statt