The Delhi High Court made the observation in a matter concerning the constitution of an internal departmental committee for the preservation of forests in the city. The Delhi High Court recently took judicial notice that the city recorded a temperature of 52.3 degrees Celsius and expressed concern that if the current generation neglects deforestation, the city may eventually become a barren desert. The observation was made in a matter concerning the constitution of an internal departmental committee for the preservation of forests in the city. On April 4, the high court requested its former judge, Justice Najmi Waziri, to chair the committee.

A single-judge bench of Justice Tushar Rao Gedela, in its May 31 order, said, “Judicial notice is taken of the fact that as recent as on 30.05.2024, 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.” Though Delhi’s Mungeshpur weather station recorded a maximum temperature of 52.9 degrees Celsius on May 29, it was on account of “malfunctioning of the sensor,” the India Meteorological Department (IMD) later clarified. During the hearing on May 31, the high court took note of a report submitted by Justice Waziri, the chairperson of the committee, informing the forest department of the Delhi government, about the “requirement of infrastructure, along with the secretarial support staff, transportation, etc.” for him to “efficiently discharge the responsibilities referred” to him. The chief conservator of forests told the high court that the requirements have already been approved by the minister of the general administration department of the Delhi government. Subsequently, the requirements will be placed before the cabinet and finally to the Lieutenant Governor for final approval before they are put in place, the official said. Meanwhile, amicus curiae advocate Gautam Narayan said the assignment conferred upon the chairperson was through an order of the high court (April 4) and once the court passes an order, “the infrastructure and other facilities required for efficient administration and discharge of the responsibilities upon the learned chairperson have to be complied with at the earliest and not entangle them with red-tapism”. Justice Gedela thereafter said, “This court cannot countenance a situation where the learned chairperson is unable to discharge the responsibilities on account of lack of an office space or a 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 15.06.2024.” The high court said that once the competent authority grants the approval, the infrastructure development “should, in all earnest be completed” within the next 15 days thereafter. The high court said that since the matter is next listed on July 29, all requirements of the chairperson and the committee are expected to be put in place and in “full working condition” prior to the hearing date. The court also noted amicus curiae advocate Aditya N Prasad’s suggestion to rename the committee the Special Empowered Committee (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. This court is clear in its mind that the “Special Empowered Committee” is a committee which has independent reference powers as conferred on it and will discharge its responsibilities accordingly,” the high court underscored. Taking note of the chairperson’s report, the high court said that it is apparent that “officers from the Ministry of Environment, Forests & Climate Change, Land and Development Office, Central Public Works Department and Delhi Cantonment Board have not been attending the meetings”. The high court made it clear that all the officers of the concerned departments are to attend all the meetings as and when called for, except in special circumstances when they are unable to. It added that the chairperson has to be given a “prior intimation” of the officer’s inability to attend the particular meeting. “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,” the high court said. The court thereafter called for compliance with its directions within the strict timelines and also called for a compliance report to be submitted by July 10.