Governance

Daily Court Digest: Major environment orders (April 19, 2024)

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: Friday 19 April 2024

Delhi HC directs implementation of immediate measures to improve medical services in Delhi

The Delhi High Court directed the Delhi government’s chief secretary and principal health secretary to take immediate action within the time frame set by the expert committee to optimise existing resources in various government hospitals to improve medical services in the national capital

The chief secretary and the principal health secretary were also instructed to outline a roadmap for implementing intermediate and long-term measures within the timeline specified by the expert committee, the order said. The HC, on April 16, 2024, directed the submission of an action-taken and status report to be filed by the principal health secretary within four weeks. 

Dr SK Sarin Committee of doctors had submitted its interim report and recommendations to the court on the matter on April 1, 2024.

“As the immediate recommendations of the Dr SK Sarin Committee of doctors shall go a long way in saving human lives and are not political in nature, this court directs that the Model Code of Conduct shall not be a hindrance,” the order added. 

The committee has been asked to file a supplementary report within four weeks. The next hearing of the case will be held on May 24, 2024. 

Some of the immediate measures from the interim report to be implemented include redistribution of consultants. Institutions where non-teaching specialists / experts are available but are not optimally utilised due to lack of machines, infrastructure, may be asked / allowed to be posted or visit on designated day to institutions where such facilities are available. 

Likewise, in institutions where equipment is lying unused due to a lack of technical manpower, such equipment should be put to use by ensuring the availability of technical manpower to operate it, or such equipment should be transferred to other institutions where technical manpower is available. 

The committee recommended 15 per cent of the vacant posts in all categories in hospitals (for operating/managing high-end medical equipment/critical care units) to be filled within 30 days.It recommended implementation of public-private partnership model for computed tomography (CT) scan and magnetic resonance imaging (MRI) services by identifying successful bidder for implementing the same. 

The aforementioned model can be adopted and implemented in any hospital that does not have a CT/MRI scan or a radiologist, particularly in Level 3 and 4 hospitals, the interim report said.

Centre’s circular banning 24 dog breeds set aside by Delhi HC

The Delhi HC April 16, 2024 set aside a circular by the Union ministry of fisheries, animal husbandry and dairying issued on March 12, 2024 that prohibited the import, breeding and selling of 24 dog breeds. 

The HC directed that the authorities issue a public notice in a national newspaper as well as on the government website inviting written objections to the proposed / draft notification / amendment to the rules within two weeks. The objections filed in response to the advertisement / publication on the website would be examined and decided by the ministry before issuing the final notification, the order said. 

Several petitions were filed in Delhi HC challenging the circular. Counsel for the petitioners stated that the circular is perverse and illegal, and it was issued in violation of the undertaking given to the HC on December 6, 2023 that all stakeholders would be given due notice before any order prohibiting the import, breeding and sale of dogs dangerous to human life. 

The counsel for the Centre admitted that other than government bodies, no private body was heard before the circular was issued. He further stated that he has no objection if the circular is set aside with a direction to the authorities to issue a fresh circular/notification after giving an opportunity to all the stakeholders to raise their objections.

Compensation for disposal of untreated sewage into land not paid by Municipal Board, Pokhran

The municipal board of Pokhran, Jaisalmer district, Rajasthan, has failed to submit a compliance report for the restoration of the environment impacted by the board’s disposal of untreated effluent into agricultural land

On September 11, 2023, National Green Tribunal imposed a total environmental compensation of Rs 65 lakh and 75 lakh against the board and had directed that the amount be deposited to Rajasthan State Pollution Control Board (RSPCB) within two months from the date of order. 

However, no environmental compensation has been submitted to RSPCB to date, despite several letters issued by the pollution control body from time to time. 

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