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PILs & Cases

Supreme Court directs strong action for solid waste management, pulls up states, authorities for ‘absence of initiative’

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Re: Outrage as Parents End Life After Child’s Dengue Death

December 12, 2017

The Supreme Court had taken up the matter Re: Outrage as Parents End Life After Child’s Dengue Death on the basis of the news report titled “Outrage as parents end life after child's dengue death” published in the Sunday Times of India dated September 13, 2015. On September 16, 2015, the Chief Justice of India had passed an order to treat it as a Suo Moto Public Interest Litigation.

In its most recent order on December 12, 2017, the court expressed displeasure and said that “it was quite clear that… there is no seriousness attached to the management of solid waste to the extent that even the State Legal Advisory Body (SLAB) – that had to be set up in each state – had not been set up and in some cases, where the Body has been set up, it has not even met once in six months.”

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Ulhasnagar Municipal Corporation vs Vanashakti public trust: Maharashtra chief secy asked to pay Rs 100 crore for river pollution

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Civil Appeal No(s).10582/2017 dated 14-11-2017

In a landmark order, the Supreme Court asked the Maharashtra chief secretary to pay Rs 100 crore -- possibly the highest amount of compensation that a state government has ever been asked to pay -- for restoration of rivers damaged by pollution, in the case Municipal Commissioner, Ulhasnagar Municipal Corporation vs Vanashakti Public Trust & Others, in which HRLN was the counsel for Vanashakti.

A division bench (Justice Madan Lokur and Deepak Gupta) made Sumit Mullick, chief secretary, Maharashtra, give an undertaking to disburse Rs 100 crore for the restoration of the Ulhas and Waldhuni rivers.

The chief secretary was also directed to take a decision on shutting all illegal industries immediately, and the disconnection of electricity and water supply to all jeans washing units in Ulhasnagar.

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Vanashakti & Ors. versus Dombivli Better Environment Solutions Pvt Limited (DBESA)

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Ulhas river that provides drinking water to the millions on its way from its place of origin in the Konkan ranges of Western Ghats upto Mumbai is marred with extensive pollution caused due to the release of untreated effluents from the textile and chemical industries located in the Kalyan, Dombivali, Ulhasnagar, Ambernath and Badlapur areas that abut the flood plains of the river. 

 

Vanashakti, a public trust from Mumbai, moved the National Green Tribunal (NGT), Western Bench, by way of an application to show the immense pollution caused in river Ulhas and strict action is required to be taken against the officials and industries for failing to comply with the prescribed standards and curb the menace by applying the principles of strict liability, polluter pays and sustainable development. The NGT passed a landmark judgment by not only imposing a total fine of 95 crores on the municipal bodies and the industries together but by also setting up a committee headed by the Divisional Commissioner for overseeing the work of complete environmental restoration.

 

The said judgment came to be challenged before the Bombay High Court by the industries under Article 226 of the Constitution wherein the HC stayed the NGT judgment by way of an interim order. The said High Court order was challenged by Vanashakti in the Supreme Court. The SC has allowed the said appeal by stating that 226 cannot be invoked by the HC on an ordinarily basis when there is a provision for direct appeal to the Supreme Court under Section 22 of the National Green Tribunal Act, 2010. 

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Supreme Court of India issued notices to the State of Uttarakhand and Union of India in a petition filed by the victims of the 2012 and 2013 calamities

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WRIT PETITION (CIVIL) NO. 415 OF 2014

Keshar Singh Panwar and others Versus State of Uttarakhand and others

In a petition filed by the victims of the 2012 and 2013 calamities that hit the State of Uttarakhand, Hon’ble Supreme Court issued notices to the State of Uttarakhand and Union of India today. The Petitioner have sought the intervention of the Hon’ble Supreme Court primarily on the issue that there is no preparedness of the State of Uttarakhand and Union of India on account of reconstruction of flood affected areas of the year 2013 before the onset of the monsoon this year. The Petitioners sought the direction of the Court in order to prepare in advance for the natural calamity that may occur in the state of Uttrakhand as soon as the rains start to pour in and also to implement the schemes and programmes in view of the natural calamities that hit the state of Uttrakhand in the years 2012 and 2013 that cause widespread loss of lives and property.

This petition has been filed in the Supreme Court giving specific instances of potential crisis areas in the Yamuna Valley, the Gangotri valley, the Alaknanda Valley and the Mandakini Valley of the state of Uttarakhand, together with photographs to urge the Hon’ble Court to direct the Indian Army, Border Road Organisation (BRO) and the state authorities to immediately, on a war footing, carry out the public works in the first instance in accordance with the crisis public works listed in the prayer clauses and at the same time, to carry out the emergency public works required to be done as mentioned in the various reports of the state authorities as elaborated hereinafter. The situation is such, that should the rains commence on time in the last week of June 2014 with the state of preparedness almost nil, a huge tragedy may well unfold taking many lives and destroying property once again as happened last year.

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In a landmark judgement, the Supreme Court of India has imposed a Complete ban on the bullock cart races in the country

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SLP (C) 4268 of 2013

Khed Taluka Chalak Malak Sangh & Ors. Versus Smt. Gargi Gogoi & Ors.

The Supreme Court today upheld the Bombay High Court Order dated 12.03.2012 and imposed a complete ban on the bullock cart races in the country. SC said that bulls could not be used as performing animals, either for the Jallikattu or bullock-cart races.The Supreme Court, while deciding a group of matters, on the issue of the legality of the bullock-cart races being held almost every day in several states including Maharashtra and Tamil Nadu, sided with the respondents (HRLN) & Others and ruled that holding of these races amounts to extreme cruelty and causes unnecessary pain to the animals and hence, it is prohibited under sections 11 and 22 of the Prevention to Cruelty to Animals Act, 1960. The Court also expressed hope that the Parliament would elevate the status of rights to animals to constitutional rights, in tune with similar laws across the world.

Holding that the rights guaranteed to the bulls could neither be taken away or curtailed, the court issued 12 declaration and directions saying that the five freedoms recognized by the World Health Organization of Animal Health (OIE) be read into the PCA Act, 1960, and same be protected and safeguarded by the central, state and union territory governments, and AWBI.

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Human Rights Law Network (HRLN) is a division of the Socio-Legal Information Centre (SLIC). SLIC is a non-profit legal aid and educational organization, registered under the Registration of Societies Act, 1860, Indian Public Trust Act, 1950 and the Foreign Contributions (Regulation) Act, 1976.

HRLN is a division of the Socio-Legal Information Centre (SLIC). SLIC is a non-profit legal aid and educational organization, registered under the Registration of Societies Act, 1860, Indian Public Trust Act, 1950 and the Foreign Contributions (Regulation) Act, 1976.