Delhi HC Directs Delhi Govt To Ensure The Safety of Persons Residing In Buildings Adjacent To Those Occupied By Health Workers [Read Order]

first_imgNews UpdatesDelhi HC Directs Delhi Govt To Ensure The Safety of Persons Residing In Buildings Adjacent To Those Occupied By Health Workers [Read Order] Karan Tripathi21 May 2020 10:24 PMShare This – xDelhi High Court has held that while no one has a right to ask for the removal of the resident health workers from their neighbourhood because of an unrealistic fear of the Covid-19, the Delhi Government cannot escape their obligation to provide a protected environment to the senior citizens and other residents adjacent to such buildings which are occupied by the health workers. …Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginDelhi High Court has held that while no one has a right to ask for the removal of the resident health workers from their neighbourhood because of an unrealistic fear of the Covid-19, the Delhi Government cannot escape their obligation to provide a protected environment to the senior citizens and other residents adjacent to such buildings which are occupied by the health workers. The Single Bench of Justice Asha Menon further noted that the said measures shall include regular fumigation and sanitization while ensuring that all measures of hygiene are adhered to by the occupants. The order has come in a PIL seeking a direction to the Delhi Government to ensure that no guest house is run illegally and neither any portion of the said property is rented out to any person whatsoever who can be a threat to the life and safety of the residents. The Petitioner had submitted that he’s a senior citizen, and he along with other senior citizens with co-morbidities, are anxious about their health and well-being as measures relating to hygiene are not being adhered to by the occupants of property bearing no. 197-C, Cariappa Marg, M.B.Road, Delhi. The said property is used as a guest house for the frontline health workers. Mr Rishikesh Kumar, who appeared for the District Magistrate (South), argued that health workers are the front-line warriors of the COVID-19 pandemic and cannot be asked to move away from the property in question. After taking these submissions into consideration, the court noted that: ‘senior citizens above the age of 65 years have their movement restricted as they are not even allowed to leave their homes and their concerns cannot be wished away by the government authorities, who are obligated to take care of all the citizens.’ Therefore, the court directed the Delhi Government as well as DM (South) to take all action, such as fumigation and sanitization, similar to the measures as are being adopted for Containment/Buffer Zones, in the area in question and may also adopt the practice/protocol in other zone/areas where health workers are residing, which would also assuage the fears of other residents in the same locality, that they may be exposed to greater risk of infection.Click Here To Download Order[Read Order] Next Storylast_img read more

Supreme Court Issues Notice In Plea Regarding Non Functioning Of The National Board For Wildlife

first_imgNews UpdatesSupreme Court Issues Notice In Plea Regarding Non Functioning Of The National Board For Wildlife Srishti Ojha8 March 2021 12:36 AMShare This – xSupreme Court had on Monday issued notice in a public interest petition filed regarding non-functioning of National Board for Wildlife constituted under Wildlife Protection Act, seeking directions to convene first meeting of the Board after its reconstitution in 2014.A three – Judge Bench led by CJI Bobde issued the direction in the petition that contending that by not convening a single…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginSupreme Court had on Monday issued notice in a public interest petition filed regarding non-functioning of National Board for Wildlife constituted under Wildlife Protection Act, seeking directions to convene first meeting of the Board after its reconstitution in 2014.A three – Judge Bench led by CJI Bobde issued the direction in the petition that contending that by not convening a single meeting, the National Board for Wildlife has failed in following mandate of Wildlife Protection Act and in upholding DPSP under Article 48AThe petition filed by Advocates Mayuri Raghuvanshi and Sanjay Upadhyay and on behalf of the petitioner Mr Chandrabhal Singh,, has submitted that the reconstitution of the Board was done after directions were issued by the top Court through its order dated 25th August 2014 in the case of Chandrabhal Singh vs Union of India.According to the petitioner the National Board for Wildlife has not even met once while the parent legislation Wildlife Protection Act provides for a statutory period of one year for the meeting to be conducted to provide guidance to the laws and policies relating to wildlife conservation including prevention of illegal trade. In the absence such a meeting of the Board the policy making has been taken over illegally by the Standing Committee of the National Board for Wildlife without any delegation as per Section 5B(1) of the Wildlife Protection Act and without any justification in law.”Due to such adhoc and arbitrary processes being carried out the highest statutory body in the country for wildlife conservation has been reduced to a clearance granting body and the entire National Board for Wildlife has been diluted and subverted. Therefore there is a gaping lacuna in conservation and preservation of wildlife and combating illegal trade of wildlife and poaching among other concerns such as monitoring of the Protected Area Network, etc in interest of environment and wildlife. ” the plea readsThe petitioner has contended that by not convening even a single meeting the National Board for Wildlife has not only failed in following the Act’s mandate but also miserably failed in upholding the Directive Principle of State Policy under Article 48A. Further, the Board has also grossly violated the fundamental rights enshrined under Article 21 because the Supreme Court has time and again held that two said articles have to be kept in mind in understanding the scope and purport of the fundamental rights guaranteed by the ConstitutionSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more