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