The municipal corporations have reduced the Swachh Bharat campaign to
a “complete nought” by their “inaction and apathy” to clean up the
city, the Delhi High Court said on Friday while asking the municipal
commissioners why contempt action must not be initiated against them.

A
Bench of Acting Chief Justice Gita Mittal and Justice C. Hari Shankar
directed the commissioners to be present before it on the next date of
hearing on June 21, making it clear that no plea for exemption would be
entertained.

‘Not moved a step’

Delhi, which once had
the largest per capita forests, “has been consciously converted into an
urban slum”, the court observed, adding that as per the provisions of
the Delhi Municipal Corporation (DMC) Act, the “prime responsibility for
the wilful and contumacious conduct [of the three MCDs] rests in the
Commissioners”.

The court said it was “shocking” that despite the
concerns it had raised regarding solid waste collection and disposal in
the past and recently on May 31, the corporations “have not moved a
single step”.

‘Delhi has to live’

The court said it was passing the orders for the “cause of the city” as “Delhi has to live”.

“Some
urgency should have been shown,” the Bench said, adding that it was
“unfortunate” that even the law laid down by the Supreme Court to
provide a clean environment for people “have fallen on deaf ears”.

“They
[corporations] are in complete breach of rights of the citizens under
the Constitution, apart from provisions of the DMC Act, civil laws and
Constitutional duties,” the court said.

“Apart from the concerns
of health, environment and right to life of the citizens of Delhi, we
are also concerned about the wilful violation and disobedience of orders
of the courts,” it added.

‘Complete apathy’

The
order came after a TV channel’s video showed that garbage was not being
collected and disposed of from several Delhi colonies for days on end.

The Bench added that the material placed before it “reflects complete apathy and inability” of the civic bodies.

It
also said that the corporations’ inaction would have a direct impact on
the health of Delhiites and an “irreversible effect” on the
environment.

Give news report to PMO

“Right to a
clean environment cannot be compromised,” it said, issuing notice to the
MCD commissioners to show cause why contempt of court action not be
taken against them. The court also directed that its orders and the news
video reports be placed before the Prime Minister’s Office so that the
Swachh Bharat campaign can be implemented in spirit.

The Bench
said the orders and video reports also be placed before
Lieutenant-Governor Anil Baijal so that he can “ensure the needful is
done” for collection and disposal of solid waste.

The court also
came down heavily on the corporations for “ruthlessly and callously”
permitting compounding and regularisation of unplanned and unauthorised
colonies without ensuring increase or improvement in civic amenities
like sewage and water lines. The Bench said that existing garbage dumps
did not have the capacity to cope with the garbage generated, which is
why waste was flowing on to the roads.

It noted that conversion of
residential property for commercial activity, as well as setting up of
clinics and markets, was being permitted without providing for more
parking or increasing width of roads.

They [civic bodies] are in complete breach of rights of the citizens under the Constitution

Delhi High COurt