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The Delhi High Court on Monday sought a response from the AAP government and others over a petition against an order for felling of 315 trees for redevelopment of Ayur Vigyan Nagar in the national capital.
A Division Bench of the high court presided over by Chief Justice D.N. Patel and Justice Prateek Jalan issued notice over the petition filed by Abhishek Dutt through advocate Varun Chopra and slated the matter for further hearing on December 11.
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During the course of the hearing, Advocate Varun Chopra argued before the bench that about 315 trees were being cut or transplanted in order to develop Ayur Vigyan Nagar, which is near the All India Institute of Medical Sciences and is the home to a large number of Corona warriors, besides patients.
“While the Covid-19 pandemic is underway and the air quality is already very poor, the taking away of these 315 trees is almost like taking away 315 lungs and ultimately deteriorating the air quality which is already severe,” said Chopra.
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He also said that there are various studies that suggest that transplantation of trees is not a very successful process and hence, the said order passed by the Delhi government shall stay immediately.
The plea sought quashing of the Order dated 14.09.2020 issued by Dy. Commissioner of Forests (South) for felling/transplantation of 315 trees for redevelopment of Ayur Vigyan Nagar.
Want to read more in Hindi? Checkout: जम्मू-कश्मीर में भ्रष्टाचार कम करने के लिए पहली बार बना कानून : मोदी
The said order has allowed large-scale destruction of the vegetation and tree cover of New Delhi for the purposes of Government redevelopment, wholly ignoring the air pollution and serious environmental concerns that affect the health of the citizens of the capital, the plea said.
“News reports on Transplanting of Trees show that the process is not a very effective or a successful one, especially in India. In fact, the rate of failure is too high. In the context of New Delhi and the surrounding areas, that failure can be irreparably damaging to the environment and to the inhabitants of the NCT of Delhi and around,” the plea said.
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“No amount of landscaping and tree planting can properly compensate for the loss of precious green cover. Even planting saplings for each tree which is felled is not enough considering the large size, the ecological impact of larger trees, and poor survival rate of saplings,” the plea added. (IANS)
In an interim relief, the Delhi High Court has directed a private clinic to continue with the stem cell treatment being provided to the patients till its further orders.
The court’s interim direction came while hearing various petitions challenging the Centre’s decision to put stem cell therapy in the category of new drugs.
The petitioners were being provided stem cell treatment in Nutech Mediworld Clinic in Green Park here.
A Division Bench of justices Anu Malhotra and Talwant Singh said that all details of treatment being provided to the petitioners by the clinic be placed on record with an affidavit.
The court has sought the response of Centre and Indian Council of Medical Research to file reply on the petition and listed the matter for September 4 for further hearing.
The court has directed authorities concerned to examine whether the products being administered to the petitioners, prima facie, fall within the scope of the expression ‘new drugs’ as defined under Rule 2(1) (w) of New Drugs and Clinical Trial Rules, 2019 and communicate the view to the petitioners and the said clinic.
On account of the Centre’s fresh notification on ‘New Drugs and Clinical Rule 2019’, some medications used for the treatment would fall under the definition of ‘new drug’ and require approval from the authority concerned.
The clinic, which is administering the medicine, cannot function under the new rules until the licence is duly obtained. (IANS)
The Delhi High Court, in a latest interim order, has restrained over 60 websites, around 14 radio channels and nearly 30 Internet and telecom service providers from broadcasting the 2019 cricket World Cup matches.
Justice J.R. Midha’s interim order came while hearing a Channel 2 Group Corporation plea seeking a stay on audio broadcasts or streaming or transmitting of World Cup matches on over 100 platforms, including websites, private radio platform operators, Internet service providers and telecom service providers.
Channel 2 Group Corporation’s advocate Jayant Mehta and Subhalaxmi Sen told the court that these platforms are not authorised or licensed by the Channel 2 Group and they cannot make any audio or radio broadcasts, live streaming or report any live or deferred update pertaining to any International Cricket Council (ICC) event, including any of the matches of the World Cup 2019.
The advocates said that the Channel 2 Group holds copyright and exclusive rights over such audio or radio broadcasts.
Channel 2 Group Corporation has entered into an Audio Rights Agreement with ICC Business Corporation FZ LLC, which is the organiser of ICC Men’s World Cup 2019.
“Any unauthorised audio or radio broadcasts, live or deferred update, by those defendants would be illegal and amount to piracy since the plaintiff (Channel 2 Group) holds copyright and exclusive rights over such audio or radio broadcasts,” the advocate told the court.
If these broadcasts are not restrained, the Group would suffer an irreparable injury and would be left without any remedy since the event has already begun and is to continue until July 14, the counsel added.
The court was satisfied with the counsel’s submission and said that “ex-parte interim order is warranted in the facts of the present case.”
“…the Defendants (websites and other), their partners, proprietors, their officers, servants, agents and representatives, franchisees and all others in capacity of principal or agent, acting for and on their behalf are restrained from broadcasting/communicating to the public audio/ radio streaming or reporting live or deferred updates including by virtue of reporting of such event highlights in World Cup, 2019 through any means without authorisation of the plaintiff,” the court said.
It restrained transmitting or making available any match of the World Cup 2019, including live or deferred score updates through any website, application or any other digital platform through Internet, mobile and radio delivery, till the next date of hearing on September 4.
“However, any defendant complying with the interim order of this Court may relay the score update by any party, doing so gratuitously only after a time lag of 15 minutes,” the court said.
The court has asked the Centre, websites and radio channels, Internet and telecom service providers to file their replies by September 4.
The court also directed that the search engines take down or delete from their search results pages, listings of websites or URLs which are infringing the petitioner’s copyright and broadcast reproduction rights. (IANS)
The Delhi High Court on Monday agreed to hear a plea seeking to increase the prescribed length of a pregnancy from a period of “20 weeks to 24 weeks”.
A division bench of Chief Justice Rajendra Menon and Justice Brijesh Sethi said it will hear the plea on Tuesday. The plea filed by social activist and lawyer Amit Sahni was mentioned before the bench on Monday.
In his plea, Sahni has sought direction to the government to replace or suitably extend the length of pregnancy from “20 weeks” by a further period of four to six weeks by bringing suitable amendments in Section 3(2)(b) of Medical Termination of Pregnancy (MTP) Act.
Section 3(2)(b) of the Medical Termination of Pregnancy (MTP) Act prohibits abortion of a foetus after 20 weeks of pregnancy.
The petitioner said that Section 3(2)(b) of the Medical Termination of Pregnancy Act is against the right to privacy as it completely prohibits termination of pregnancy in case the fetus is suffering from severe abnormality even after a period of 20 weeks.
“There is substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped,” the plea said.
Where pregnancy is caused by rape or due to failure of a device used by a married woman or by her husband, the MTP Act is totally silent on it, the plea said adding that it makes termination of pregnancy as an offence punishable under Indian Penal Code if the same is not done in accordance with the MTP Act.
The plea said that the fetal abnormalities are detected appropriately between 18 to 20 weeks and the period of one-two weeks is too less for the would-be parents to take the difficult call on whether to keep their baby or to abort it.
“…the lack of legal approval moves abortion to the underground (illegal manner) and they are done in unhygienic conditions by untrained persons, thus putting thousands of women at risk,” read the plea.
It also demanded empowering of women with sexual rights, legal protection against sex crimes and sex choices both in their own interest and for the sake of reducing the fertility rate as a whole.
It said that abortion beyond a period of 20 weeks is permitted only if continuing the pregnancy poses a substantial risk to the woman’s life. But the law does not consider the factum of serious abnormalities suffered by the child in womb and are detected after the 20th week.
Sahni has cited Supreme Court judgments that a woman’s right to privacy, dignity and bodily integrity should be respected. He also mentioned many European countries including France, UK and Italy and even Nepal which allow abortion after 20 weeks if fetal abnormalities are discovered.
He requested the court to hold that the right to abort the pregnancy is a fundamental right of the woman’s body sovereignty and each woman has the sole right to make a decision about her body in the context of carrying on a pregnancy or to terminate the same, subject to checks as provided under the MTP Act or further checks, which may be provided.
Sahni also pleaded that unmarried women and widows are equally entitled to terminate a pregnancy under the MTP Act. (IANS)