Back
2017 Supreme(Del) 3330
IN THE HIGH COURT OF DELHI
Gita Mittal, C. Hari Shankar, JJ.
Gauri Grover & Ors. - Petitioners
Versus
Government of NCT of Delhi and Ors. - Respondents
W.P.(C) 8917, 9006 of 2015
Decided On : 02-06-2017
For the Petitioner: Ms. Gauri Grover and Mr. Arpit Bhargava (in-person).
For the Respondent:Mr. Sanjeev Narula and Mr. Bhagwan Swarup Shukla, CGSCs, Mr. Sanjoy Ghose, ASC with Ms. Pratishtha Vij, Advocate, Ms. D. Moitra, Advocate, Mr. S.K. Nanda, Advocate.
For the NDMC : Mr. Anil Grover with Ms. Kanika Singh, Mr. Jitender Tripathi and Mr.
Nishcahl Vij, Advocates.
For the SDMC :Mr. Mukesh Gupta with Ms. Shashi Mittal, Mr. Abhishek Sharma, Mr. Tufel Ahmad, Advocates.
For the EDMC :Ms. Biji Rajesh, Ms. Shipra Garg for Mr. Gaurang Kanth, Advocates.
For the DJB :Mr. Shahil Ghai, for Mr. Sumeet Pushkarna, Advocates.
For the Delhi Cantonment Board :Mr. Tarveen Singh Nanda, Advocate.
For the Railways :Mr. J.K. Singh, Advocate.
The judgment establishes the fundamental right to a clean environment and emphasizes the authorities' duty to comply with statutory provisions and court orders to address environmental concerns.
Headnote:
Evidence Act - Garbage Disposal - Section 65B(2)(a) to 65B (2) (d) of Evidence Act, 1872 - The judgment discusses the footage of a programme 'Ghanti Bajao' and its certification, which were taken on record in compliance with Section 65B(2)(a) to 65B (2) (d) of Evidence Act, 1872. The footage established the lack of effort in garbage collection and disposal by the authorities in Delhi.
Fact of the Case:
The footage presented in the court established the authorities' failure in garbage collection and disposal, leading to concerns about dengue and chikungunya outbreaks in Delhi.
Finding of the Court:
The court found that the authorities had neglected their duties in addressing the garbage disposal issue, leading to adverse consequences for the environment and public health.
Issues: The issues raised in the case included the authorities' failure in garbage collection and disposal, violation of citizens' right to a clean environment, and non-compliance with statutory provisions and court orders.
Ratio Decidendi: The court emphasized the fundamental right to a clean environment under Article 21 of the Constitution of India and highlighted the authorities' disregard for environmental concerns and statutory duties.
Final Decision: The court directed the Commissioners of the Municipal Corporations to show cause for contempt of court proceedings, mandated their presence in court, and issued orders for emergent steps to address the garbage disposal issue.
1. Pursuant to our order dated 31.05.2017, Mr. Ankit Gupta, Special Correspondent with the ABP News Network, appointed as local commissioner, is present in the Court. He has handed over footage of CDs and a certification dated 01.06.2017 of a programme ‘Ghanti Bajao’ which was screened on 01.06.2017 which contains a record of visit of different teams of the ABP New Network in Delhi to ascertain the details of garbage and sanitation problems in Delhi. Additionally, a certificate dated 01.06.2017 certifying the footage of the video telecast on the ABP relating to the programme ‘Ghanti Bajao’ on 30.05.2017 in compliance of Section 65B(2)(a) to 65B (2) (d) of Evidence Act, 1872 has been handed over.
2. All counsels appearing in the Court today have scrutinized the said certification and are satisfied that the same meets the requirements of Section 65B(2)(a) to 65B (2) (d) of Evidence Act, 1872. Accordingly, the said certificates and the CDs are taken on record.
3. On our directions, the footage of the programme which contains the local inspection of different areas in Delhi has been screened and viewed in the Court.
4. The footage unequivocally establishes the fact that other than the Central District areas, no effort at all is made towards garbage collection and disposal by the authorities.
5. In the present case, our consideration commenced upon concerns regarding the cases of dengue and chikenguniya surfacing in Delhi in April, 2017, even though there had been no advent of monsoon. In one of the responses filed by the Union of India, the expert had opined that failure to address solid waste disposal issues was a prime reason leading to mosquito breeding causing the disease in the city.
6. The respondents who are concerned with development, maintenance and regulation of civic amenities in the National Capital Territory of Delhi would be predicating their facilities and function on certain statistics and presumptions. Urban planning has to be premised on basic information which would include the quantum of sewerage and garbage which is expected to be generated. It would include information on the requirements of water and electricity. Urban planning necessarily provides for solid waste disposal plants as well as sewage treatment plants. Their capacity itself would rest on estimation of the garbage and sewerage generated.
7. Based on these estimations, the authorities would have laid the sewerage systems and pipes of particular capacities. Again premised on certain basic data and presumptions, water storage tanks and water pipes are provided. To enable the citizens of Delhi basic lung spaces parks and open spaces are provided again depending on projections of the population in the area. To meet other essential needs, the urban planner provides for market areas, places dedicated for medical facilities to the residents, adequate parking space and most important, circulation areas, i.e., roads width and capacities resting on population projects.
8. It needs no elaboration, in fact, common sense illustrates, that certainly a colony laid and planned for say a hundred residents, cannot to cater for a thousand or ten thousand persons or a lakh.
9. The above films which have been shown manifest hopeless overcrowding the colonies, without increasing the capacity of sewage collection systems or any mechanism for garbage collection or disposal. As a result, beautiful residential colonies like Nirman Vihar of single or double units have been commented into multiple unit structures. The existing dhalaos do not have the capacity to hold the generated garbage which has been left to collect on roads. Instead of providing the essential, circulation of the roads all over Delhi are over flowing with the collected garbage.
10. The issues which have been raised in these CDs highlight not only the garbage collection and disposal, but the critical aspect of the concerns which are resulting on account of inability of the authorities to cope with such basic
