Your Steps Not Yielding Results, How Can Same Problem Recur Year After Year? Delhi HC To Municipal Corporations Over Mosquito Infestation

The Delhi High Court on Friday reiterated its directions for incorporating a 'common protocol' to be followed by all the local authorities for dealing with the menace of mosquito infestation and spreading of vector borne diseases in the national capital.

The Division Bench of Acting Chief Justice Vipin Sanghi and Justice Jasmeet Singh expressed its dissatisfaction over the status report filed by the municipal corporations in terms of its orders dated January 14, 2022 and February 5, 2022.

The bench had taken suo moto cognizance of the issue of large scale mosquito breeding 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 in order to monitor and control the menace of mosquito infestation in the city.

"The steps you are proposing should have been achieved by now...it's been decades now. Every year we have the same issue. How can it happen, how can the same issue happen year after year after year? It's a reality that stares us in the face, we have to do something," Justice Singh remarked at the outset.

The Corporation had filed a catalogue of steps it was undertaking to sensitize the authorities and the public in general. For instance, Divya Prakash Pande appearing for the corporations submitted that the irrigation department has been instructed to control breeding in nalas, canals, etc. Similarly, the Education Department is in the process of imparting training to school children. Further, the concerned municipal corporations were taking steps to cover overhead tanks and other storage water.

However, the Bench expressed that it was on the larger perspective of forming a protocol that will be deployed automatically as soon as the monsoon hits, every year. It remarked,

"We wanted to know what is the system you're creating for dealing with different kind of situations that arise round the year. What are the exercises that should be done regularly, with what frequency, how many people do you need to be deployed, who will be the officers responsible?"

It added,

"We are not satisfied with the common protocol. You should come out with a "Rule Book" for preventing mosquito breeding. Just like for pollution control we have a graded action plan. If it's a red level, then these specified measures are taken automatically. Similarly, we need steps here that will trigger say in May, just before monsoon. Every person in the department will be aware what steps are to be taken and who will be responsible in case of a lapse."

The Bench continued,

"Mr. Pande, it seems that in your organization, the Corporation or for that matter any of these bodies, nobody wants to stick his neck out or be saddled with any responsibility. We have been repeatedly telling you that we want you to say who are going to be responsible for what. You seem to feel that you're bound to fail and nobody wants to stick his neck out...Give us the names of the officers responsible...If the numbers go down, we will say they have done a commendable job. The whole of Delhi is thankful to them. And if the numbers go up, then they will face contempt proceedings."

Pande responded that Task Forces have been constituted at three levels. One at Headquarter level, which reviews the situation on a monthly basis. Thereafter, at Zonal level and Ward level. Nodal officers have been fixed for every ward.

Today, the Bench also heard an official of the municipal corporation working at grassroot level to tackle the menace of mosquito infestation. He informed the Court that the authorities are conducting a door to door survey in their areas and removing mosquito breeding sources from houses. However, there are certain houses that are repeatedly found in violation.

Responding, the Bench said,

"There are two ways of doing a thing, one you say we have tried our best, but it's a situation that cannot be helped. Sorry! Or second, you say come what may, regardless of what happens, we will tackle this issue...This exercise of yours is not giving result, you tell us what to do."

The official then informed the Court that thousands of legal notices and challans are issued in the city but there is no deterrence due to minimal amount of fine (Rs. 500/-) under the Delhi Municipal Corporation Act.

Hearing this, the Bench observed that its directions to amend the law and increase the penalty fell on "deaf ears". It ordered,

"We had directed the Chief Secretary, GNCTD to personally look into the aspect of increasing the fines for violation of the law in relation to mosquito breeding by amending Section 482 of the Delhi Municipal Act and Section 390 of the NDMC Act...Unfortunately, nothing seems to have been done. We are therefore compelled to direct filing of a specific affidavit by the Chief Secretary, GNCTD, within two weeks failing which he shall personally remain present in Court on April 22."

Besides, the Bench also heard one Raja Singh, an architect, who had sent a letter petition to the Bench seeking to intervene in the matter. He has suggested certain measures to be included in the Building Byelaws to make buildings free from infestation, prevent breeding.

The suggestions included mandatory provision of wire mesh in the vents of newly constructed houses; handing over of buildings only after inspection by the Local Health Department, etc.

Accordingly, the Court has ordered impleadment of DDA and has directed all the local bodies to examine the suggestion and amend the building byelaws, if required.

The Court also asked the corporations to work in tandem with other departments like PWD, Delhi Jal Board, CPWD, etc.

Advocate Rajat Aneja appeared as amicus curiae. Advocate Satyakam represented Delhi government.

Case Title: Court in its own motion v. State