Supreme Court Criticizes Delhi Government's Green Cover Efforts, Proposes to Appoint External Agency To Suggest Measures

The Supreme Court on Monday (December 9) expressed dissatisfaction with the Delhi government's progress in implementing measures to enhance green cover in the National Capital Territory (NCT) of Delhi.

A bench of Justice Abhay S Oka and Justice Augustine George Masih decided that it will appoint an external agency to suggest and oversee necessary measures. The amici curiae were asked to suggest appropriate agencies for the task.

“On 26th June 2024, we had directed the Secretary of the Forest Department Delhi government to convene a meeting to discuss the comprehensive measures to be taken to enhance the green cover of National Capital Territory of Delhi. No satisfactory progress has been made in terms of what this court expected. We therefore propose to appoint an agency to suggest measures for enhancing green cover of National Capital Territory of Delhi. We permit the amicus to suggest names of the agencies which will be able to take up this task”, the Court stated.

In June, the Court had highlighted that the extreme heatwave conditions that affected the region were caused due to loss in green cover. The Court ordered the DDA and the Delhi Government to implement the recommendations of a three-member expert committee to restore the green cover in Delhi. The Court had directed the Principal Secretary of the Forest Department to convene meetings to devise comprehensive strategies for increasing Delhi's green cover.

During the proceedings today, the Court was informed while the Delhi Forest Department had convened meetings, no report had been filed suggesting measures to enhance the green cover in Delhi.

Justice Oka inquired about the final solution proposed for enhancing the green cover, to which the Forest Department Principal Secretary, appearing via video conferencing, stated that two meetings had been held and suggestions were discussed with experts and amici curiae. He added that an affidavit had been filed regarding these suggestions.

The Court criticized the approach of the authorities. Justice Oka remarked that the Forest Department had not done anything meaningful besides convening meetings.

When Additional Solicitor General Aishwarya Bhati assured the Court that a report would be submitted, the bench reiterated its decision to appoint an external agency to propose measures to enhance the green cover. The Court permitted the amici to suggest suitable agencies for this task, with suggestions to be submitted at the next hearing scheduled for December 18, 2024.

After, the hearing, when the bench was about to rise, Senior Advocate S. Guru Krishnakumar, one of the amici curiae, emphasized the need for measures to curb the growing trend of multiple vehicles per household in Delhi. He suggested amending the Motor Vehicles Act to impose additional taxes on households owning more than two cars, with revenue used to support public transport infrastructure.

“In Delhi the system has been that you have at least six cars in your house. Every single person every single child uses a separate car. Once you have two cars there has to be a serious look at amending the Motor Vehicles Act by which you must have some kind of a congestion or higher tax to be paid for every additional vehicle. You pay for it, and this should be supplemented with public transport. Something will have to be considered on those lines”, he said.

It was also suggested that all public sector vehicles should transition to electric vehicles (EVs).

Justice Oka, in a lighter vein, remarked on the high cost of housing in cities like Delhi and Mumbai, stating that only those owning multiple cars could afford such accommodations.

He said, “There's another issue. In cities like Delhi, Mumbai today the prices of newly constructed houses are so high, only those who have multiple cars can afford to buy!”

Case no. – Writ Petition (Civil) No. 4677/1985

Case Title – MC Mehta v. Union of India & Ors.