Case BriefsHigh Courts

Delhi High Court: A Division Bench of D.N. Patel, CJ and Prateek Jalan, J. requested Centre to consider the grievances with regard to disaster management operations in NCR with emphasis on synchronization of the work under the National Capital Region Planning Board Act, 1985 and the National Disaster Management Act, 2005 under a single nodal agency.

Present Public Interest Litigation was filed with following prayers put forward:

  • Issue directions to the centre to appoint a single nodal agency to carry out disaster management operations in the National Capital Region by having powers under the NCRPB Act and DM Act
  • Issue directions to Centre to implement the Regional Plan 2021 under the National Capital Region Planning Board Act, 1985 specifically measures in relation to medical infrastructure and disaster management;
  • Issue directions to Centre/District/State authorities of NCR Region to work in tandem and provide a single set of parameters under a common COVID-19 response plan for the entire NCR region.
  • Issue directions to Centre and other agencies concerned to effectively implement the Regional Plans under Section 7 of the NCRPB Act.
  • Issue directions to the Central / State Governments & District level authorities of NCR region to work in tandem and provide a single set of parameters / directions / guidelines to implement the Study on Health Infrastructure in NCR as published by the NCRPB in December 2015 on its website, which has highlighted several other key gaps in the health infrastructure of the NCR region, in addition to the disparity in terms of health infrastructure between Delhi and other NCR region, resulting in disharmonious development of NCR region resulting in day to day difficulties being suffered by the citizens of the country staying in NCR region outside of Delhi area but contributing to the revenue generation of Delhi.

Petitioner’s counsel submitted that it would suffice for the disposal of the PIL, if the same would be treated as a representation by the respondents and decided in accordance with law and also keeping in mind the provisions of National Capital Region Planning Board Act, 1985 to be read with National Disaster Management Act, 2005.

Bench requested the respondent authorities to consider the grievances as pointed above specially the synchronization of the work under the National Capital Region Planning Board Act, 1985 and the National Disaster Management Act, 2005 under a single nodal agency.

Court added that the said exercise will be carried out as early as possible and practicable.

Petition was disposed of in the above view. [Arjun Narang v. UOI, WP (C) 4115 of 2020, decided on 10-07-2020]

Hot Off The PressNews

The Principal Secretary to PM, Shri P.K. Mishra, reviewed at a high-level meeting, the situation arising out of severe air pollution in the National Capital Region, and other parts of North India.

Senior officials from the States of Punjab, Haryana and Delhi, joined the meeting through video conferencing.

The Cabinet Secretary will monitor the situation with these States on a daily basis.

Chief Secretaries of these States have been asked to monitor the situation in various districts of their respective States, on a 24×7 basis.


[Image Credits: ANI]

Case BriefsHigh Courts

Gujarat High Court: A Division Bench of Anant S. Dave, ACJ. and Biren Vaishnav, J. disposed of a writ petition without going into the merits of it. 

This petition was filed by a Gujarat based Non-Profit Organisation as a result of an increase in pollution and environmental degradation. An RTI application was filed, to supply details of a number of BRTS buses plying on CNG based engine and the reply received was that there are no CNG buses in the city of Ahmedabad.

Counsel for the petitioner, N.M. Kapadia alleges that the reply is arbitrary as the State authorities are duty bound under Article 51-A (g) of the Constitution of India to safeguard the environment. The cases like M.C. Mehta v. Union of India, (2016) 4 SCC 269 and Vardhman Kaushik v. Union of India, Original Application No. 21 of 2014 of the National Green Tribunal, New Delhi were referred to.

The petitioner prayed dutifully for the following:

A. Issuance of Writ of mandamus or order directing the ban on Diesel Goods Carriers including Chhakdas and of BS I and BS-II stage old autorickshaws instead only CNG auto rickshaws of BS IV stage be permitted.

B. Ban on diesel vehicles of more than 10 years old and on petrol vehicles of more than 15 years old.

The Court after observing the matter submitted before it advised the petitioner to take alternative efficacious remedy before the National Green Tribunal and thus, disposed of the petition.[Paryavaran Mitra v. Secretary, 2019 SCC OnLine Guj 1193, decided on 24-06-2019]