General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Jun 06, 2022

No Mining within 1 km of Protected Forests, Orders Supreme Court

In a bid to protect wildlife biodiversity in the country, the Supreme Court said that each protected forest should have a 1-km radius of eco-sensitive zone (ESZ) and no mining shall be permitted there. A bench comprising Justices L Nageswara Rao, BR Gavai and Aniruddha Bose gave directions in a public interest litigation case (TN Godavarman Thirumalpad vs Union of India). Though each protected forest, which is a national park or wildlife sanctuary, must have an ESZ of a minimum of one kilometre, for Jamua Ramgarh wildlife sanctuary, it was fixed to 500 metres for the ongoing activities.
Mostly states prescribe very less or zero km of ESZ. Also, it was different for different states and there was no fixed demarcation. The Supreme Court has thus taken cognisance of the matter now. There was a need to regularise the sensitive zones.

Jun 05, 2022

Punjab and Haryana High Court Sets Aside Motor Accident Claims Tribunal Order

The Punjab and Haryana High Court allowed a petition challenging the order passed by the Motor Accident Claims Tribunal, Palwal whereby the Tribunal directed 50% of the compensation awarded to be put in fixed deposits.
In the petition limited challenge to the order dated 23.09.2021 passed by the Motor Accident Claims Tribunal, Palwal is to the extent whereby the Tribunal has directed 50% of the compensation awarded to be deposited in fixed deposits. The further challenge is to the order dated 12.05.2022 dismissing the application filed by the petitioners for release of the amount directed to be deposited in the FDs.

SC Sets Aside 'Cyclostyled Orders' by Uttarakhand HC

Taking strong exception to "cyclostyled orders" passed by a single Judge of the Uttarakhand High Court, the Supreme Court set aside his order quashing an FIR in a cheating case. A Vacation Bench led by Justice Ajay Rastogi sent the matter back to the High Court with a request to the Chief Justice to assign it another judge for adjudication.
The top court also restrained the Uttarakhand Police from taking any coercive action against appellants Harsh R Kilachand and others for eight weeks and gave them liberty to approach the high court for interim protection. On behalf of the appellants, senior advocate Meenakshi Arora explained how the single judge of the High Court passed orders in a "cyclostyled manner".

Jun 04, 2022

Supreme Court Rejects Pleas against Excavation around Puri Temple

The Supreme Court dismissed petitions against excavations and constructions being carried out by the state government in and around the Lord Jagannath temple in Puri, which according to an official inspection report "has caused irreparable damage to the heritage site", terming them frivolous and not in public interest.
The appellants had contended that the construction was happening in gross violation of Section 20A of The Ancient Monuments and Archaeological Sites and Remains Act (AMASR), 1958, which says that the area up to 100 metres from a protected monument would be prohibited area and construction or excavation is "totally prohibited" there except in exceptional circumstances with the permission of the central government or the ASI director general.

Jun 03, 2022

Orders of Constitutional Courts Would Prevail over Statutory Tribunals: SC

The Supreme Court set aside a National Green Tribunal order prohibiting construction work at Rushikonda hills in Visakhapatnam, saying orders of constitutional courts would prevail over statutory tribunals. A vacation bench of Justices B. R. Gavai and Hima Kohli said it was not appropriate for the NGT to proceed when the HC was seized of the matter. The top court said the NGT is subordinate to the high court in so far as territorial jurisdiction is concerned.
The apex court, however, said though development is necessary for economic development of a nation, its equally necessary to safeguard the environment to preserve pollution free environment for future generations.
The conflicting orders passed by the NGT and the High Court lead to an anomalous situation. The authorities would face difficulty, which orders to follow. In such a case orders from the Constitutional court would prevail over statutory tribunals.

Jun 02, 2022

Pension Arrears can't be Denied on Account of Delay in Moving Court

Terming pension as a continuous cause of action, the Supreme Court ruled that arrears can't be denied on account of delay in moving courts. The Bench set aside an order of the Goa Bench of the Bombay High Court to the extent it had denied arrears of pension to petitioner ML Patil – a Goa Government employee who was wrongly superannuated at the age of 58, instead of 60.
The top court held that the appellant was entitled to pension at the revised rates from the day he turned 60. It ordered that arrears of pension should be paid to the appellant within four weeks.

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