Perils of air pollution
The alarming level of pollution in national capital Delhi is a classic example of how the capitalistic growth has landed us in a miserable space. People there are struggling to be able to breathe clean air. They are scared to emerge from their houses owing to rising level of pollution. Schools and colleges are often declared holidays on days when the pollution level crosses beyond tolerable limit. Roads are empty. There are restrictions on vehicular movement. Yet, nothing seems to improve the condition there. Air pollution is a looming threat in other cosmopolitan cities in the country.
The Delhi High Court has ordered the government to restrict movement of ten year old diesel vehicles and fifteen year old petrol vehicles. This order may soon be replicated in other cities such as Bengaluru, Mumbai, Kolkata, Chennai and others. The situation of Delhi has worsened so much that oxygen units have been set up by the roads to supply clean air to people. People who go to work and children who go to school are forced to carry oxygen themselves. Freezing gusty winds coupled with polluted air, have made matters worse.
The reason for this miserable state of Delhi is known to everyone by now. Uncontrolled, unplanned and unbridled growth have left Delhi in shambles. Concrete jungle, blatant violation of safety norms, uncontrolled use of air conditioners and generators have landed Delhi in this wretched state. Though the government has initiated some steps to control pollution in Delhi, it has not been totally successful sine checking industries and burning of waste continues unabated. If things continue this way, our major cities would be reeling under the effects of air pollution. Every week, our major cities register over 4000-5000 new vehicles. We are not equipped with roads for them to ply on. We do not have roads that can accommodate them. The government does not have the political will power to ban new vehicles since the might of corporate companies and their bond with the government will silence every voice of concern.
Hence the whole situation is very dangerous. In Karnataka, Hubballi, Dharwad, Belagavi, Mysore, Hassan, Kalaburgi and other cities face the threat of air pollution leading to many disorders. The civic amenities such as drainage and waste management are not up to the mark. This apart, real estate and land mafia have not left green belt in every layout for breathing green space. Trees are cut during road widening works. Lay outs are coming up on dried lake bunds. Local governance has failed to maintain gardens. People can indiscriminately have borewells. Solar is not installed in most houses. No one is interested in harvesting rain water. Hence situation is going downhill everyday. Other cities will soon walk this path. It has to be our prime concern that we save lakes, wells and rivers along with green cover, forest areas and growing trees for our future generation,.
Government has to make up its mind to ensure air pollution is reduced in the coming days. But environmental concerns are not among the priority of those in power now. They are busy renaming places. The current flawed governance model is responsible for skewed development model followed by corporates. The BJP government is handing over rare forest cover into the hands corporates and is dividing people on faith to win elections. Hence the Yogi government in UP, Haryana and Gujarat ruled by the BJP are busy renaming places. The political parties need to take responsibility and ensure air pollution and other forms are among the manifesto of political parties. Vehicular movement has to be checked and public transport system has to be strengthened. Government has to initiate these significant steps. Of not, we would be forced to buy clean air the way we are buying water through corporate companies. If this has to be avoided, the state government has to get to the act now to check all sorts of pollution.
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Constitution bench verdict binding on benches of lesser strength, says SC
New Delhi (PTI): A judgement of a Constitution bench would be "binding" on benches of lesser strength, the Supreme Court has said while recalling an April 2022 verdict delivered by it.
In its order dated April 7, 2022, the apex court had held that a panchayat cannot claim ownership of the land which has been taken from the real owners from their permissible ceiling limits under the land law in Haryana.
The apex court had consequently said panchayats can only manage and control the land which has been taken from the owners and cannot claim title.
"It is pertinent to note here that for the land taken from the proprietors by applying pro-rata cut from the permissible ceiling limits of the proprietors, management and control alone vests with the panchayat but such vesting of management and control is irreversible and the land would not revert to the proprietors for redistribution as the common purposes for which land has been carved out not only include the present requirements but the future requirements as well," it had said.
The top court had delivered the verdict on a batch of appeals against a full bench verdict of the Punjab and Haryana High Court which had examined the legality of sub-section 6 of Section 2(g) of the Haryana Village Common Lands (Regulation) Act, 1961.
In a judgement delivered on Thursday, a bench of Justices B R Gavai and Sandeep Mehta said that when the high court verdict rested on the law laid down by the apex court's Constitution bench in 1966, "the least that was expected" of the court in the judgement under review was to explain as to why the high court was wrong in relying on the 1966 verdict.
"No law is required to state that a judgement of the Constitution bench would be binding on the benches of a lesser strength. Bhagat Ram (1966 verdict) has been decided by a strength of five judges, this court having a bench strength of two judges could not have ignored the law laid down by the Constitution bench in paragraph 5 in Bhagat Ram," the bench said.
The top court delivered its verdict on a plea seeking review of the April 2022 judgement.
It said that "ignoring" the law laid down by the Constitution bench and taking a view totally contrary to the same would amount to a material error, manifest on the face of the order.
"Ignoring the judgement of the Constitution bench, in our view, would undermine its soundness. The review could have been allowed on this short ground alone," it said.
While allowing the review petition, the bench said, "The judgement and order of this court dated April 7, 2022... is recalled and the appeal is restored to file."
The bench directed that the appeal be listed for hearing on August 7.
The top court observed it was settled that the review would be permissible only if there was a mistake or error apparent on the face of the record or any other sufficient reason was made out.
"The review of the judgement would be permissible only if a material error, manifest on the face of the order, undermines its soundness or results in miscarriage of justice. We are also aware that such an error should be an error apparent on the face of the record and should not be an error which has to be fished out and searched," it noted.
