The LexGaze Weekly - HOPE

Some Relief for the Choke Hole for the Capital!

Yamika Khanna

Issue 13 | September  13, 2020

The Supreme Court, while taking cognizance of the environmental pollution and right to a healthy environment (an integral part of Article 21 of the Constitution of India), granted ten months for the completion of the construction of smog towers in Delhi to curb air pollution.


The order of the Court granted an extension period for the same after carefully considering the Ministry of Environment, Forests and Climate Change and the Department of Environment & Forests. The Government of NCT of Delhi assured SC that the work will be completed within ten months. To show its commitment towards the same, the Government further told the court that the requisite money has been transferred to Tata Consultancy Services Limited. Also, a sum of Rs. 52 Lakhs has been transferred to Clean Air CARE LLC, which is the licensee of the University of Minnesota.


Further, the SC noted, "since steps are being taken and undertakings have been furnished, we have not proceeded for violation of the order passed by this Court, only on the basis of the action taken and undertakings furnished to complete the project. Let the project be positively completed within 10 months".


While taking the undertakings on record, the bench warned, "Any violation on any ground whatsoever shall be treated as contempt of the order passed by this Court as there is already a huge unjustified delay in making the compliance of the order".


The assertive initiative by the Government and the judiciary shows the importance of controlling the rising levels of pollution. The action also exhibits that the fundamental rights of the citizens –concerning living a life of dignity and having a clean environment to do so--are protected.


HOPE PLUS

  • The Supreme Court has ordered the removal of nearly 48,000 slum dwellings around the 140-kilometer length of railway tracks in New Delhi within three months. The court has further directed that no court shall grant any stay on the removal of the slums.

  • The Supreme Court had refused to grant bail to a teenager accused of killing a 7-year old boy at a Gurugram school in 2017.

  • The Delhi High Court granted bail to JNU student, Devangana Kalita, in a case related to the Delhi riots conspiracy. The Court observed that the Delhi police failed to produce any material to show that she instigated women of a particular community or gave hate speech leading to violence.

  • The Supreme Court has observed that, in Motor Accident Compensation Claims, compensation for “loss of consortium” can be awarded to children and parents also.

  • The Karnataka High Court extended the stay on the publication of the Final Environment Impact Assessment (EIA) 2020 by the Union Ministry of Environment, Forests and Climate Change, until further orders.

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