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'Delhi Will Turn Barren Desert': HC Takes Judicial Notice Of 52 Degree Celsius Temperature In National Capital

Delhi HC took judicial notice of the highest ever temperature recorded at 52.3 degrees Celsius in the city and said that the national capital may soon turn into a barren desert

The Delhi High Court in a recent order took judicial notice of the highest ever temperature recorded at 52.3 degrees Celsius in the national capital and said that the city may soon turn into a barren desert if the present generation continues an apathetic view on deforestation.

A single judge bench of Justice Tushar Rao Gedela made the observation in a matter concerning the issue of protection and management of deemed forests in the national capital.

"Judicial notice is taken of the fact that as recently 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 desert, in case the present generation continues an apathetic view on deforestation. Having said that, the aforesaid directions to be complied with in strict timelines.

Taking judicial notice of the highest ever temperature recorded in Delhi, the high court issued a bunch of directions to Delhi government officials, Centre's officers and sought a compliance report of the same by July 10.

"Even in the second report submitted by the Chairperson, it is apparent that Officers from the 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 order read.

Earlier in April, the high court appointed the retired Delhi High Court judge Justice Najmi Waziri as the Chairperson of the Internal Departmental Committee constituted for protection and management of deemed forests in Delhi.

The high court further took note of the lack of office space, Secretarial and Support Staff and transportation for the Chairperson to discharge the responsibilities.

“Consequent to the said approval being granted by the Competent Authority, the Infrastructure Development should, in all earnest be completed within the next 15 days thereafter. Since, the next date of hearing is already fixed for 29.07.2024, it is expected that all things and requirements of the learned Chairperson as also the Committee, shall be put in place and in full working condition, prior thereto,” the court directed.

The court renamed the Internal Departmental Committee to “Special Empowered Committee”.

The court noted that “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.

The court said that the Special Empowered Committee has independent reference powers as conferred on it and will discharge its responsibilities accordingly.

“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 said.

Justice Gedela also 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.

A division bench of the high court had directed for this committee to be constituted, and directed the Delhi Government to provide adequate office accommodation for the Committee and to bear all the expenses of its functioning.

Earlier, the high court sought a status report from the Delhi Government and other civic authorities on "deemed forests" existing as on date in the national capital and the action taken to prevent the depletion of such forests.

 

 

 

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