Daily Court Digest: Major environment orders (September 12, 2022)

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: Tuesday 13 September 2022
Down To Earth brings you top environmental cases heard in Supreme Court, high courts & National Green Tribunal

Can minor donate organ? SC to decide

The Supreme Court of India issued a notice to the health secretary, Uttar Pradesh in regards to organ donation by a minor. 

A 17-year-old boy, Parthsarthi Bajaj, had sought the Supreme Court's permission to donate his liver to his critically ill father. The SC noted that “in terms of the statute governing the issue, the donor has to be a major”.

But due to the urgency of the case, the SC directed the minor boy to present himself before the concerned hospital for preliminary tests. These reports will help ascertain whether he can be a donor and whether the donation of an organ in the present case would otherwise be "feasible and permissible".

Internet shutdowns

Software Freedom Law Centre filed a public interest litigation with the Supreme Court against arbitrary internet shutdowns in four states — Arunachal Pradesh, Gujarat, Rajasthan and West Bengal. 

The bench of Chief Justice of the Supreme Court Uday Umesh Lalit and justices S Ravindra Bhat and Pamidighantam Sri Narasimha directed the Centre to file an affidavit on whether there is any standard protocol on the issue.

Replenishment study of Shaliganga nullah

The rate of sediment replenishment of Shaliganga nullah in Budgam district was 0.343 meters per annum, according to a report by the geology and mining department of Jammu & Kashmir. The report was submitted to the National Green Tribunal (NGT) September 6, 2022.

The study was ordered by the court August 12 following observation that no replenishment study was conducted for the minor mineral blocks (reserved and allotted for mining river bed minerals) in the area. The court had restrained mining activity from the said minor mineral blocks. 

The department used the Erosion Model of Garde and Kothyari, a widely used empirical method to quantify the annual rate of sediment yield in a particular river system using GIS platform and spatial data of the watershed such as land use, land cover, morphometry, discharge and precipitation data.’

Vedanta's prospecting activity located far from Barnawapara sanctuary

The prospecting licence area of Vedanta Ltd is located far from Barnawapara sanctuary in Mahasamund district, Chhattisgarh and its eco-sensitive zone boundary. 

The ecology of the area will not be disturned and Vedanta, in its report to NGT, assured that the company will not cause any environmental and forest degradation.

Vedanta has taken forest clearance (State 1 and 2) for prospecting and exploration activity and not for any mining activity with respect to 'Baghmara Gold Composite Licence — Division no 254' comprising 144.6 hectare. 

Presently, the area has not proven any economic resource potential for mining, as any prospecting, drilling has not been started by Vedanta. 

So, there is no question of damage to flora and fauna of the area, the report said.

Subscribe to Daily Newsletter :

Comments are moderated and will be published only after the site moderator’s approval. Please use a genuine email ID and provide your name. Selected comments may also be used in the ‘Letters’ section of the Down To Earth print edition.