Delhi High Court Takes Judicial Notice Of 52.3 Celsius Temperature In Delhi, Issues Directions Regarding Forests Committee

Taking judicial notice of the highest ever temperature recorded at 52.3 degrees Celsius in the national capital, the Delhi High Court has said that the city may be only a barren desert if the present generation continues an apathetic view on deforestation.

Justice Tushar Rao Gedela made the observation while dealing with a batch of pleas concerning the issue of protection and management of deemed forests in the national capital.

“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 desert, in case the present generation continues an apathetic view on the deforestation,” the court said.

In April, the Court had appointed former Delhi HC judge Justice Najmi Waziri as the Chairperson of the Internal Departmental Committee constituted for protection and management of deemed forests in the national capital.

Advocate Gautam Narayan, amicus curiae, submitted that once a judicial order was passed, the infrastructure and other facilities required for efficient administration and discharge of the responsibilities upon Chairperson of court appointed inter departmental committee have to be complied with at the earliest.

Agreeing with the submission, the court said it cannot countenance a situation where the Chairperson is unable to discharge the responsibilities on account of lack of an Office Space or a Secretarial and Support Staff or even Transportation.

“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 further accepted the suggestion of Advocate Aditya N Prasad to rename the Committee. It said that instead of referring the Committee as “Internal Departmental Committee”, it will be called as “Special Empowered Committee”.

“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,” the court said.

It added that the “Special Empowered Committee” is a Committee which 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.

The matter will now be heard on July 10. Advocate R.A. Iyer appeared for the Chairperson-Internal Departmental Committee.

Earlier, while constituting the committee, a coordinate bench had directed the Delhi Government to provide suitable and adequate office accommodation for the Committee and to bear all the expenses of its functioning, including suitable remuneration.

Previously, the court had 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 on the depletion of such forests.

Case Title: Neeraj Sharma v. Union of India & Ors. and other connected matters

Citation: 2024 LiveLaw (Del) 669

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