Environment

Daily Court Digest: Major environment orders (September 13, 2023)

Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal

 
By DTE Staff
Published: Thursday 14 September 2023
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Rate of kerosene oil

The Calcutta High Court has directed the Centre to take a policy decision on fixing the rate of kerosene oil’s subsidised price. The West Bengal Government was also directed to impose a minimum rate of taxes, cess and other duties to fix the selling price of kerosene.

This will enable the “poorest of the poor citizens of our country who really need kerosene oil to illuminate their homes and prepare their food burning cow dung, coal, etc with the help of kerosene oil,” said the order.  

“It is the duty of the central government to fix subsidised price under PDS Kerosene Scheme, 2016. The oil companies cannot fix the price of kerosene in the manner on the basis of import party pricing,” the order passed by Justice Bibek Chaudhuri added.

The court was acting on a petition filed by ration card holders and members of Priority Households under the National Food Security Act, 2015. They had  challenged the reasonableness of kerosene oil's soaring price under the Public Distribution System in a writ petition.

Capture and release of stray dogs

The Delhi High Court on September 11, 2023, directed authorities in Delhi to ensure strict compliance with all the provisions prescribed under the Animal Birth Control Rules, 2023 regarding the capture and release of street dogs.

A Public Interest Litigation (PIL) was filed by the petitioner, Anita Santiago bringing attention to the mechanism adopted by the Municipal Corporation of Delhi (MCD) for the capture and subsequent release of street dogs in Delhi during special events like Independence Day, Republic Day and most recently, the G20 Summit, 2023.

The petitioner’s counsel stated that the detailed mechanism for the capture and release of dogs has been prescribed under the Animal Birth Control Rules, 2023 (ABC Rules) and should be followed diligently by the MCD.

It was mentioned that the ABC Rules mandate that dogs should be identified with numbered collars immediately upon capture so that proper records can be maintained.

This would subsequently facilitate their release in the same locality from where they were captured. He also asked that the Animal Welfare Board of India (AWBI)’s assistance should be sought by the MCD.

The MCD’s counsel stated that the process of releasing dogs that were captured in preparation for the G20 Summit has already been initiated in strict adherence to the ABC Rules and with the assistance of the AWBI. 

Illegal mining in Mahendragarh

The National Green Tribunal (NGT) on September 12, 2023, directed a joint committee to look into the complaint of alleged illegal mining in Musnota Dhandi Jokhla Wali village. The village is located in the tehsil of Nangal Chaudhary in Haryana’s Mahendragarh district.

The committee will comprise of the director deputed by member secretary, Central Pollution Control Board; member secretary, Haryana State Pollution Control Board; director of mining, Haryana and the concerned divisional forest officer as well as the district magistrate of Mahendragarh.

The committee will carry out spot inspection and ascertain the nature of activities being carried out as well as their impact on environment, life and property of nearby residents. It will also examine the allegation of illegal felling of trees and formulating environmental restoration.

Let the report be submitted by the committee within eight weeks, said the order of the NGT.

The Original Application has been registered on the basis of a letter dated August 26, 2023 sent by Puran Singh, a resident of Musnota Dhandi Jokhla Wali.

It stated that Singh had complained earlier against Maa Santoshi Khanij Udyog. When action was initiated, the owner of the said unit had closed the business, thereby resulting in case closure. 

Singh further alleged that in June 2023, the earlier owner had sold the mines to another person and the said person had again started mining work.

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