“Prima Facie We Are Of The View That NGT Cannot Strike Down Law”, Observes Supreme Court

first_imgTop Stories”Prima Facie We Are Of The View That NGT Cannot Strike Down Law”, Observes Supreme Court Radhika Roy13 April 2021 8:37 AMShare This – xThe Supreme Court on Tuesday observed that the National Green Tribunal (NGT) could not decide upon and strike down the validity of a law.A Bench comprising of Chief Justice of India SA Bobde, and Justices AS Bopanna and V. Ramasubramanian were hearing a plea pertaining to an appeal against the Karnataka High Court’s order wherein a plea challenging Section 40 of the Biodiversity Act had…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?LoginThe Supreme Court on Tuesday observed that the National Green Tribunal (NGT) could not decide upon and strike down the validity of a law.A Bench comprising of Chief Justice of India SA Bobde, and Justices AS Bopanna and V. Ramasubramanian were hearing a plea pertaining to an appeal against the Karnataka High Court’s order wherein a plea challenging Section 40 of the Biodiversity Act had been transferred by the High Court to NGT, Chennai. The SLP in the instant case challenges the order of transfer of the plea to the NGT. In today’s hearing, the CJI observed, “Prima facie we are of the view that the National Green Tribunal cannot strike down a law”. Senior Advocate Nikhil Nayyar, appearing on behalf of Petitioner Environment Support Group, informed the Court then that the issue had already been clarified in the Sterlite case. Senior Advocate Aditya Sondhi, however, submitted that in the L. Chandrakumar case, the appellate power had been looked into. To this, the CJI responded that that was not the question present before the Court.Accordingly, the Court proceeded to direct an ad interim stay on the NGT order. The matter will now be taken up next. Click Hear To Download/Read OrderSubscribe 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

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“We Have To Shun Selfishness”: Delhi High Court Appeals To Sellers Not To Resort To Hoarding, Black Marketing Of Oxygen Cylinders, Medicines

first_imgNews Updates”We Have To Shun Selfishness”: Delhi High Court Appeals To Sellers Not To Resort To Hoarding, Black Marketing Of Oxygen Cylinders, Medicines Nupur Thapliyal28 April 2021 11:14 PMShare This – x”We, therefore, appeal to the good sense of the people, including the sellers of necessary medicines and Oxygen, to not to resort to hoarding of, and black marketing of Oxygen cylinders, Oxygen flow metres or medicines, and to make them available to the needy people.” Observed a division bench comprising of Justice Vipin Sanghi and Justice Rekha Palli while hearing bunch of petitions concerning oxygen shortage and covid 19 crisis in the national capital.The said remark came after the bench took note of the issue of black marketing and hoarding of essential covid 19 medicines and oxygen cylinders.”Hoarding of medicines or Oxygen cylinders/ flow metresleads to artificial scarcity, to an extent which may not be there.” The Bench observed at the outset.While observing so, the Court also took note of news reports regarding an incident which took place at Apollo Hospital, wherein the hospital staff and doctors were assaulted by the relatives of one of the patients. “Such like incidents are bound to de-moralise the medical community, which is serving tirelessly to save the lives of the people without any rest or break whatsoever, at personal risk. We hope and expect that such like incidents would not be repeated. The authorities, including the Police should also be mindful of such like situation, and be vigilant to prevent any such untoward incidents.” the Court observed at the outset.Hinting towards a collective sense of responsibility at such unprecedented times, the Court also observed that:”The nation is facing an unprecedented crisis. It is at times like this, that we – the people, need to stand up to showcase our best qualities and virtues, which all of us have. To fight this scourge, we need to collectively conduct ourselves with sensitivity and empathy towards one and all –irrespective of whether the infected persons are our friends or relatives, or strangers.”During the course of hearing, the Court had appointed Sr. Adv. Rajshekhar Rao as the amicus curiae to assist the Court considering the complexities of the issues involved.Click Here To Read OrderTagsDelhi High Court Black marketing hoarding of covid drugs Remdesivir COVID19 Second Wave COVID -19 #Oxygen Next Storylast_img read more

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