The result of the Delhi High Court’s proactive stance on cleaning Delhi and preventing the spread of diseases such as dengue and chikungunya was not the cleaning of Delhi, but the presence of all deputy commissioners of municipal corporations in court. The strange part of the reaction was that Acting Chief Justice (ACJ) Gita Mittal had not even asked them to appear in court.
The atrocious condition of Delhi’s roads, with gathering garbage and growing mosquito larvae in accumulated waters was exposed in an ABP News programme. The ACJ in the last hearing appointed the reporter of the channel as local commissioner and ruled that his dispatches for the channel would be taken as evidence of the work done. A recent programme again showed that absolutely no work had started towards the cleaning of the city. The officers, instead of attending to their work, decided to attend the court instead.
On June 2, these officers were all asked to showcause why contempt proceedings shouldn’t be started against them. They have two weeks to reply.
Last time, the court had also directed the municipalities to provide brooms, uniforms and machinery to the workers and clean up Delhi on a war-footing. Nothing of that has happened either.
On June 2, when the counsel for the MCD submitted that all the deputy commissioners were present in the court and they were willing to submit that in addition to what the court has directed, they will take a more proactive approach to clean up their respective zones, the ACJ said: “We didn’t ask any officer to be present. But now that we have taken cognizance, you people are coming up to save face.”
Justice Mittal also said that even the Supreme Court has made observations against the MCD as to how they fail to discharge even their basic duties and these observations go back to 1992. The situation has only deteriorated.
In the event the bench, also comprising C Hari Shankar, ordered that the footage submitted by the local commissioner will be taken on record as evidence under Section 65 of Evidence Act.
The bench also noted: “It is noted that no effort has been made by the MCD to clean up the garbage even after the court’s order.
“Furthermore, without increasing the garbage disposal capacity and taking additional measures to curb the problem of increasing garbage in and around various residential colonies in Delhi, the municipal corporations have been shying away from addressing the critical aspects of their statutory duties. All this has led to breeding of mosquitoes and rise in vector-borne diseases in Delhi.
“Local commissioner to continue making reports on the prevailing situation and submit the same before the court.
“Show cause notice issued to the commissioners of all the municipal organizations as to why contempt proceedings should not be initiated against them.
“Copy of the footage and the orders passed by the court to be placed before the Lieutenant Governor to take considered view so that the work to modernize the solid waste disposal system in Delhi can be effected.
“Authorities are directed to make available, to the municipal workers, all the necessary equipment and uniforms.
“Two weeks given to commissioners to reply to the showcause notice.
“Copy of the footage and court orders to be sent to PMO and ministry of urban development in order to implement swachh bharat mission in the national capital with full force.
The matter has been listed again for June 21.
—India Legal Bureau