Daily Court Digest: Major environment orders (August 20, 2024)

Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal
Daily Court Digest: Major environment orders (August 12, 2024)
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SC directs constitution of national task force for safety of healthcare professionals

The Supreme Court (SC) August 20, 2024 mandated the establishment of a National Task Force (NTF) to develop protocols addressing the safety, working conditions and well-being of medical professionals and related issues. In doing so, the NTF should consider the following aspects to create an action plan.

The action plan may be divided into two parts. The first part would focus on preventing violence, including gender-based violence against medical professionals and establishing an enforceable national protocol for dignified and safe working conditions for interns, residents, senior residents, doctors, nurses, and all medical professionals.

The NTF has been instructed to submit an interim report within three weeks and a final report within two months. The order was issued by a bench consisting of Chief Justice of India, Dhananjaya Y Chandrachud, Justice J B Pardiwala and Justice Manoj Misra that was hearing the case of the doctor raped and murdered in Kolkata's RG Kar hospital.

Encroachment, illegal construction in Ganga Sagar Island

The affidavit filed by the state of West Bengal does not address the issue of encroachment and illegal constructions in Ganga Sagar Island, said the National Green Tribunal (NGT) August 14, 2024. The affidavit of the additional director, Institute of Environmental Studies and Wetland Management, is silent in this regard, the court pointed out.

The attorney representing the state respondents requested and was given four weeks to submit a detailed affidavit.

An affidavit dated May 21, 2024, has been submitted by the Additional Director of the Institute of Environmental Studies and Wetland Management on behalf of the West Bengal State Coastal Zone Management Authority. The document states that the construction of Dala Arcade, Naat Mandir, a toilet block, a bus terminus, an eco-camp complex and solid waste management facilities around the Kapil Muni temple on Sagar Island has been initiated.

The affidavit does not disclose whether these constructions are within the permissible distance from the High Flood Line (HFL), the court pointed out.

Further, the affidavit does not address the issues raised in the newspaper article published in The Hindu January 15, 2024, which is the subject matter of the original application. In the article, "there is a categorical allegation that most of the constructions on Sagar Island have been done in violation of the Coastal Regulation Zone".

Waterbody encroachment in South Dum Dum municipality

The eastern bench of NGT has ordered notices to be sent to the state of West Bengal, the West Bengal Pollution Control Board and the State Environment Impact Assessment Authority of West Bengal, concerning the encroachment of a waterbody in the South Dum Dum municipality. All respondents are instructed to submit their counter affidavits within four weeks.

Taking into consideration the allegations made, the court August 16, 2024 also directed constitution of a committee to elicit the veracity of the allegations. The committee will examine the site in question and provide its report within four weeks concerning the allegations raised.

The petition requested the authorities to promptly intervene to halt the unauthorised filling of the 'Nayanjuli' waterbody in South Dum Dum Municipality and to investigate the timeline of when this activity began.

Photographs submitted with the original application revealed that the waterbody is nearly overrun with vegetation and litter, alongside the presence of shops and highrise buildings, indicating widespread garbage in the vicinity.

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