The Delhi High Court on Tuesday refused to entertain a plea praying for a direction to the government to devise “one person one tree policy” in order to preserve the environment across the country. The Court ruled, “The predominant role of court is to interpret the law and not to enact the law.”
The Division Bench comprising Chief Justice D.N. Patel and Justice Jyoti Singh, while dismissing the petition, reserved liberty with the petitioner to prefer a representation before the concerned authorities in accordance with law highlighting the grievances ventilated in the petition.
The Bench noted: “It ought to be kept in mind that the predominant role of this court is to interpret the law and not to enact the law, except in exceptional cases. Drafting of the policy is always in the hands of the respondents in accordance with law. Hence, we see no reason to entertain this writ petition for issuing any direction or a writ of mandamus for drafting of a new policy.”
The instant petition has been filed by Rahul Bhardwaj, a practising lawyer, seeking a direction to the government for implementing “One Person One Tree” policy. It has been contended in the plea that the said policy is the need of the hour to protect the environment which is deteriorating throughout the country.
Alleging that the worsening of environment condition and the increasing pollution has resulted in causing various diseases including stroke, chronic obstructive pulmonary diseases, lung cancer, acute lower respiratory infections among citizens, especially children, the plea stated that the State is under a constitutional obligation to protect and improve the environment.
The plea reads thus:
“The level of pollution is increasing day by day in whole parts of India and the same has created threats and danger of critical illness and they (citizens) are not able to move freely and take healthy breath and they are having the apprehension of threat and danger to their precious life and liberty and they are not safe in moving for performing their day-to-day activity and pollution has taken away the valuable right of the citizen to lead their life with dignity, honor and reputation.”