Delhi High Court
Raja Singh vs Union Of India, Through Its ... on 5 August, 2021
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 05th August, 2021
+ W.P.(C) 7810/2021
RAJA SINGH ..... Petitioner
Through Mr. K.C.Mittal, Mr. Amit Prakash
Shahi, Mr. Yugansh Mittal & Mr. Ashish Ranjan,
Advocates
versus
UNION OF INDIA THROUGH ITS SECRETARY
THE MINISTRY OF ENVIRONMENT,
FOREST AND CLIMATE CHANGE & ORS. ..... Respondents
Through: Mr. Chetan Sharma, Additional
Solicitor General with Mr. Anurag Ahluwalia,
Central Government Standing Counsel with
Mr. Abhigyan Siddhant, Mr. Vinay Yadav,
Mr. R.V. Prabhat, Mr. Akshay Gadeock, Mr. Amit
Gupta & Mr. Sahaj Garg, Advocates for R-1.
Mr. Santosh Kumar Tripathi, Standing Counsel for
GNCTD/R-3.
Mr. Biraja Mahapatra, Advocate for R-4.
Mr. Sanjeev Sabharwal, Standing Counsel for
SDMC/R-6.
Mr. Balendu Shekhar, Advocate for CPCB.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE JYOTI SINGH
JUDGMENT
D.N. PATEL, CHIEF JUSTICE(ORAL)
Proceedings have been conducted through video conferencing.
CM APPL.24310/2021 (Exemption)
Allowed, subject to all just exceptions.
Application is disposed of.
Digitally Signed
By:KAMAL KUMAR
Signing Date:09.08.2021
22:56:47
W.P.(C) 7810/2021
1. Present Public Interest Litigation has been preferred seeking the
following reliefs:-
"a) Issue a writ in the nature of mandamus or any other
appropriate writ/order/direction (s) to the respondents to
take appropriate measures enabling the proper dilution-
ventilation of air in built environments keeping in view of
the presence of biological contaminants in air; and/ or
b) Pass such other or further order as this Hon'ble Court
may deem fit and proper in the facts and circumstances of
the present case."
2. We have heard learned counsel for the Petitioner and looked into the
facts and circumstances of the case. The grievance of the Petitioner, as
ventilated in the writ petition, is that one of the major reasons for the
worsening air quality is the presence of biological contaminants in air as
well as the improper dilution and ventilation of air in built-up spaces, such
as houses, offices as well as air-conditioned modes of transport, such as
buses, trains etc. According to the learned counsel for the Petitioner, the
mathematical solution to the problem of air pollution is to adopt a modelled
approach to dilution-ventilation. This would diffuse the concentration of the
droplets and minimise the probability of infection. It is also submitted that in
the wake of Pandemic Covid-19, there is an urgent need to take actions to
minimise the air pollution. The Petitioner accordingly seeks directions to the
Respondents to take appropriate measures enabling proper dilution-
ventilation of air in closed environments, keeping in view the presence of
biological contaminants in the air.
3. Having heard the learned counsel for the Petitioner, we are of the
view that while the cause brought forth by the Petitioner is laudable and
Digitally Signed
By:KAMAL KUMAR
Signing Date:09.08.2021
22:56:47
does require action on the part of the Respondents, however, the exercise
can only be carried out by the Experts in the said field. This Court does not
have the necessary expertise to direct the Respondents to act in a particular
manner. The required steps can only be carried out by the concerned
Respondents after due deliberation with the experts in the field, which
would entail visiting the premises and suggesting measures, which again
could vary from one place to another. If necessary, this may also require
framing a Policy/Guidelines to reduce the air pollution by resorting to
methods, such as dilution-ventilation, as suggested by the Petitioner.
4. We, therefore, deem it appropriate to direct the concerned Respondent
Authorities to treat this writ petition as a representation and look into the
suggestions made by the Petitioner, who is stated to be a Research Scholar
working in the field of Airborne Infection Spread. We are sanguine that the
Respondents would take appropriate and necessary measures to improve the
air quality in the larger public interest. The representation of the Petitioner
shall be decided by the concerned Respondents, in accordance with law and
Government policies applicable to the facts of the case as expeditiously as
possible and practicable, especially keeping in view the need for urgent
measures on account of Pandemic COVID-19.
5. With these observations, the writ petition is disposed of.
CHIEF JUSTICE
JYOTI SINGH, J
AUGUST 05, 2021
rd
Digitally Signed
By:KAMAL KUMAR
Signing Date:09.08.2021
22:56:47
