Delhi HC takes judicial notice of 52.3-degrees temperature in city

NEW DELHI: The Delhi High Court recently took judicial notice of the highest temperature of 52.3 degrees Celsius ever recorded in Delhi. It warned, "It is not far to see the day when this city may be only a barren dessert if the present generation continues an apathetic view on the deforestation." Justice Tushar Rao Gedela made the observation while dealing with a batch of petitions seeking direction on the protection of deemed forests in Delhi.

"Judicial notice is taken of the fact that as recent as May 30, 2024, the official temperature recorded in Delhi was 52.3 degrees 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," Justice Gedela said in the order passed on May 31. In April a committee, namely Internal Department Committee, was constituted for the protection and management of deemed forests in Delhi and Justice (Retd.) Najmi Waziri was appointed as chairperson by the High Court.

During the hearing, Advocate Gautam Narayan, Amicus Curae, submitted that once this Court had passed an order, the infrastructure and other facilities as required for efficientAdministration and discharge of the responsibilities upon the learned chairperson have to be complied with at the earliest and not entangled with red tape. The. court agreed with the submissions made by Amicus Curiae and said it cannot countenance a situation where the learned Chairperson is unable to discharge the responsibilities on account of lack of office space, secretarial and Support staff, or even Transportation.

"However, rather than directing the Department to provide staff in a diverted capacity, it is considered appropriate to direct the Department to pursue the matter in all earnest, and in no case shall the approval be delayed beyond June 15, 2024," the high court said. It further said that Consequent to the said approval being granted by the competentauthority, 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 July 29, 2024, it is expected that all things and requirements of the learned chairperson, as well as the committee, shall be put in place and in full working condition prior thereto, it added. The bench also agreed to the suggestion made by advocate Aditya N. Prasad for renaming the committee.

The court said that instead of referring to the committee as the "Internal Departmental Committee," it should be called the "Special Empowered Committee" (in short, "SEC"). 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, it added.

"This Court is clear in its mind that the 'Special Empowered Committee' is a committee that has independent reference powers as conferred on it and will discharge its responsibilities accordingly," the bench said. The court made it 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 do so.

However, the learned chairperson should be given prior intimation as to their inability to attend the particular meeting, the bench said. The bench said that the aforesaid 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.

A compliance report of the direction has been sought by July 10. The main matter is already fixed on July 29.