Day Not Far When City May Be Only A Barren Desert: Delhi HC Takes Judicial Notice Of 52.3 Degree Celsius Temperature

The Delhi High Court has issued a stark warning about the consequences of continued apathy towards deforestation in Delhi.

The Single-Judge Bench of Justice Tushar Rao Gedela underscored the urgency of the situation, citing the alarming temperature rise, with Delhi recording a scorching 52.3 degrees Celsius.

Expressing concern over the potential transformation of the city into a barren desert, the Court emphasized the need for immediate action to address deforestation. The observation was made in the context of several petitions related to the protection and management of forests in Delhi.

"Judicial notice is taken of the fact that as recent as on 30.05.2024, the official temperature recorded in Delhi was 52.3 degree Celsius. It is not far to see the day when this City may be only a barren dessert, in case the present generation continues an apathetic view on the deforestation," the Court said.

Earlier, in April 2024, the High Court had appointed former judge Justice Najmi Waziri to lead an internal departmental committee responsible for forest protection in the national capital. However, during the recent proceedings on May 31, it was revealed that the necessary infrastructure, secretarial support staff, and transportation for Justice Waziri were yet to be provided.

In response, the Court directed the government to ensure that all requirements for the committee's functioning, including those for Justice Waziri, be fulfilled by July 29, the next date of hearing.

Additionally, the Court renamed the committee as the "Special Empowered Committee" to underscore its independent nature and authority. The decision aims to clarify that the committee operates outside the purview of any department and possesses independent reference powers.

The Bench said, "Another reason for renaming would be that the name “Internal Departmental Committee” gives a picture as if the Committee and the learned Chairperson is within the Department’s purview, whereas it actually is not. This Court is clear in its mind that the “Special Empowered Committee” is a Committee which has independent reference powers as conferred on it and will discharge its responsibilities accordingly."

As per the second report submitted by the Chairperson, the Court noted that Officers from Ministry of Environment, Forests & Climate Change, Land and Development Office, Central Public Works Department and Delhi Cantonment Board have not been attending the meetings.

"It is made clear once again that all the concerned Officers of the concerned Departments are directed to attend all the meetings as and when called for, except in special circumstances in which they are unable to attend so. However, the learned Chairperson be given prior intimation as to their inability to attend the particular meeting," the Court clarified.

The Single-Judge Bench said that the strict measures are only for the purpose of ensuring that the Committee completes its responsibilities and references made to it in all earnest, keeping in view the worsening situation of climatic conditions in Delhi. Accordingly, the Court ordered, "The compliance report of the aforesaid directions be filed by the respondents on or before 10.07.2024. Documents handed over the bench are taken on record. List these matters on 29.07.2024, the date already fixed."

Cause Title: Neeraj Sharma v. Union of India and Ors.

Appearance:-

Petitioner: Advocates Madan Lal Sharma,Tejaswini Verma

Amicus Curiae: Advocates Aditya N Prasad, Gautam Narayan, Prabhsahay Kaur

Respondent: Central Government Standing Counsels (CGSCs) Nidhi Raman, Kirtiman Singh, Advocates Akash Mishra, Waize Ali Noor, Varun Rajawat, Vidhi Jain, Aryan Agrawal, Kartik Baijal, Varun Pratap Singh, Additional Standing Counsel Avishkar Singhvi, Advocates Naved Ahmed, Vivek Kr Singh, Shubham Kumar, RA Iyer (for Justice (Retired) Najmi Waziri), Manika Tripathy, Sanjay Katyal, Naveen K Sarswat, Rony John, Kritika Gupta, Additional Standing Counsel Vipul Ganda, Sakshi Rastogi, Additional Standing Counsel Neha Jain.

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