Delhi High Court Seeks Action Taken Reports From Authorities For Controlling & Preventing Spread Of Vector Borne Diseases

The Delhi High Court on Friday sought action taken reports from the concerned authorities for controlling and preventing the spread of vector borne diseases in the city.

A Bench of Justice Vipin Sanghi and Justice Jasmeet Singh also directed the Delhi Government to also examine and act upon the suggestion made by Commissioner, East Delhi Municipal Corporation in the meeting dated February 15, for evolving a common portal so that the cases pertaining to neighbouring States can be transferred for early action.

"The concerned authorities should also furnish their action taken reports in relation to control and prevention of vector borne diseases in Delhi on the next date," the Court said while posting the matter for further hearing on March 25.

Regarding the proposal to enhance punishment and amend sec. 482 of Delhi Municipal Act and sec. 390 of NDMC Act so as to create a better deterrence against breeding of mosquitoes which cause vector borne diseases, the Court was informed by Advocate Satyakam appearing for the Delhi Government that the file was still pending active consideration.

"We direct the Chief Secretary, GNCTD to personally look into the said aspect so that the amendment in law is brought about at the earliest," the Court directed.

The bench had taken suo moto cognizance of the menace of mosquito infestation in the city, resulting in vector borne diseases such as Malaria, Chikungunya and Dengue every year. It had then directed all the city local bodies, including the three municipal corporations and Delhi Cantonment Board, to constitute their task forces and monitor and control the situation.

Earlier, the Court had asked the municipal corporations and local bodies to examine and identify steps for incorporating a 'common protocol' to be followed by all the authorities in this regard. It had then called for a meeting of all the stakeholders and departments concerned in order to evolve and finalize a common protocol.

Accordingly, a meeting dated February 15, 2022 was convened between the stakeholders and a common status report cum compliance affidavit was filed by the Municipal Health Officer of NDMC.

The Court was informed that the representatives of the Flood and Irrigation Department as well as the Education Department of the Delhi Government were not represented. It was also stated that the representative of the Flood and Irrigation Department of State of Uttar Pradesh also did not attend the meeting despite notice.

Advocate Satyakam on instructions submitted that a prior notice was not received in the Flood and Irrigation Department of GNCTD and that the department was willing to shoulder the roles and responsibilities assigned to it except the sewage treatment plant which falls under the control of Delhi Jal Board and water bodies which were not in the control of Flood and Irrigation Department.

So far as the Education department was concerned, Satyakam stated that the said department was also not aware of the meeting fixed. However, he assured the Court on behalf of both the departments of the Delhi Government that their senior representatives would remain present in the meetings.

Regarding the Flood and Irrigation Department of State of UP, the Court noted that no representative of the said department participated in the meeting despite notice.

"This is very unfortunate. Let notice be issued to the Resident Commissioner of State of UP returnable on (after two weeks). He shall be communicated the orders passed by us in these proceedings including the present order. He shall ensure that the senior representative of the Flood and Irrigation Department participate in the next meeting that may be called for the purpose of aforesaid," the Court ordered.

It added "Notice of the said meeting shall be communicated to him by the Commissioner of NDMC and it shall be his responsibility to communicate the same further and ensure presence of the concerned officer. In case of non compliance, the Resident Officer shall personally remain present in Court on the next date."

The Court was also apprised about some of the aspects discussed in the meeting held on February 15. One such aspect related to the issue of fogging faced in city's Mandoli prison. 

Accordingly, the Court directed thus:

"In the light of the aforesaid, we direct that Court notices be also issued to the Director General of Prisons. Mr. Satyakam accepts notice on his behalf. In the next meeting, a senior officer from the Headquarters, Prisons shall also be present after being intimated about date, time and place."

The Court also noted that the there was no representation of the National Vector Borne Diseases Control Programme in the meeting despite notice.

"Let notice issue to the Director General Health Services, Ministry of Health and Family Welfare, Govt of India returnable on next date. The DGHS shall ensure that in the next meeting, the senior representative of the National Vector Borne Diseases Control Programme remains present to provide inputs," the Court ordered.

The Court therefore directed the the nodal officer, being the Commissioner of NDMC, to call the next meeting within a period of two weeks.

Earlier, the Court had appointed Advocate Rajat Aneja as amicus curiae for assisting it in the matter.

It had also expressed displeasure on the failure of municipal corporations to control the surge of vector borne diseases like Dengue, malaria and Chikungunya in the national capital, observing that it's earlier directions to control the same had fallen on deaf ears.

Case Title: Court in its own motion v. State