Delhi High Court
Society For Protection Of ... vs Union Of India And Anr. on 12 February, 2020
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 12.02.2020
+ W.P.(C) 1616/2020 & CM APPL. 5668/2020 (exemption)
SOCIETY FOR PROTECTION OF CULTURE, HERITAGE,
ENVIRONMENT, TRADITIONS AND PROMOTION OF
NATIONAL AWARENESS ..... Petitioner
Through: Mr. Amit Dubey with Mr. Vikas
Kakkar & Mr. Dilip Kumar Rana,
Advs.
versus
UNION OF INDIA AND ANR. ..... Respondents
Through: Mr. Ashim Sood, CGSC with
Mr. Sameer Sinha, GP and Ms. Payal
Chandra, Adv. for R-1, 2 & 4.
Mr. Rakesh Kumar, CGSC with
Mr. Raghav Nagar, Adv. for R-1, 2 &
Mr. Sanjeev Ralli, Adv. for R-5.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
D.N. PATEL, CHIEF JUSTICE (Oral)
CM APPL. 5668/2020 (exemption)
Allowed, subject to just exceptions.
W.P.(C) 1616/2020
1. This Public Interest Litigation has been preferred with the following
prayers:
"A. Issue a command in the nature of mandamus or any other
writ/order/direction, to respondent No.l to comply and act in
accordance with the mandate of article 49A of the constitution
of India, thereby causing inspection, assessment, monitoring of
the emissions emitted by aircraft during take-off, landing and
taxing, and for this purpose may direct any other agencies
under it.
B. Issue a command in the nature of mandamus or any other
writ/order/direction to respondent No.2 to also include
disclosure of C02 emissions "in the air surrounding Airport at
Delhi and also place before this Hon'ble Court the presence of
Oxygen in the atmosphere, consequent to release of multiple
gasses in huge quantity. Because deficiency of oxygen causes
various serious ailments that result into irreversible damage.
C. Issue a command in the nature of mandamus or any other
writ/order/direction directing respondent No.3 & 5 to assess,
monitor and publish emission generated by aircraft as also
amount of pollution generated by aircrafts at such interval as
this Hon'ble Court may deem fit for the purpose of effective
monitoring and control of degrading environment.
D. Issue a command in the nature of mandamus or any other
writ/order/direction to respondent No.3&5 to suggest and place
before the Hon'ble Court measures and mechanism with which
it propose to tackle and handle impact of pollution caused by
the aircraft and also their future planning for handling issue of
pollution regard of the fact that flight operation would increase
in future.
E. Issue a command in the nature of mandamus or any other
writ/order/direction to respondent No.4 to present/place before
this Hon'ble Court its measures taken by it under CAR which
are additional to the norms prescribed other authorities.
F. Pass such other order(s) as may deem fit and proper in the
facts and circumstances of the case."
2. Having heard the learned counsels for both the sides and looking to
the facts and circumstances of the case, it appears that several grievances
have been ventilated about the emissions emitted by aircrafts causing air
pollution during take-off, landing and taxing in Delhi Airport.
3. To buttress his contentions, learned counsel appearing for the
petitioner has taken this Court to the fine niceties of the data and statistics as
mentioned in the annexures.
4. Looking to the subject matter involved in this writ petition, we hereby
direct the respondents No.3 and 5 to treat this writ petition as a
representation and decide the claims of this petitioner in accordance with
law, rules, regulations and Government policy applicable to the facts of the
case as early as possible and practicable.
5. With these observations, this writ petition is hereby disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J
FEBRUARY 12, 2020
kks
