Citizens need to be facilitated in enjoyment of their constitutional rights for which provision of basic civic amenities is essential: Delhi HC

New Delhi [India], November 19 : The Delhi High Court while hearing a petition regarding the lack of care for trees in Vasant Vihar, said that while freedom of movement is a constitutional guarantee, it should not be hemmed in by the lack of requisite civic amenities.
"Citizens need to be empowered and facilitated in the enjoyment of their constitutional rights, for which provision of basic civic amenities is essential, like a safe and secure neighbourhood, tree-lined avenues and footpaths, where an endeavour of a leisurely stroll is actually a pleasurable exercise and not an obstacle-dodging, harrowing experience," said the Court.
The Court further said the latter would discourage walking to neighbourhood shopping centres, to community-bonding cultural events and for leisure-time in colony parks. Instead, people would use motor vehicles, adding to the city's ever-burgeoning traffic congestion and unmitigated air pollution.
So, it all starts with taking care of the neighbourhood trees and greenery and ensuring that the footpaths winding through the tree-shaded avenues are obstacle-free, it said.
The Bench of Justice Najmi Waziri on November 15, directed "to ensure the usability of the footpaths, the Executive Engineer/ Assistant Engineer/ Junior Engineer of the South Delhi Municipal Corporation (SDMC), shall traverse the entire colony's footpaths on a wheelchair without any aid or assistance from anyone. This will test the efficacy of the SDMC's efforts to make the streets and footpaths user-friendly."
"Photographs of each stretch so repaired, restored and made user-friendly shall be filed, showing the before and after scenario. The petitioner too shall be taken into confidence during the said exercise. Delhi Police shall render all assistance in the matter, so shall the Tree Officer. Requisite equipments shall be procured, if not already available with the Horticulture Department, SDMC for future care, nursing and treatment of the trees," the court further directed.
The direction of the Delhi High Court comes after a petition was moved by a resident who had alleged inaction on the part of the authorities/civil body to preserve trees. The plea also stated that non-compliance of earlier orders passed by the high court as well as the National Green Tribunal (NGT).
The court while hearing the matter also noted that Standing Counsel for SDMC has shown to the court a compilation of photographs supported by an affidavit of the Deputy Commissioner of the Corporation. The numerous photographs show efforts made by the said Municipal Corporation since the last date to rectify the anomaly apropos the lack of care of trees in Vasant Vihar, said the court.
The court should be assured that the efforts will continue in right earnest so that public amenities, like clear footpaths, are made available to their fullest, for all users, the court further said.
The court while posting the matter for November 26, 2021, also issued notice to the Public Works Department (PWD) of GNCTD and said, a senior officer of PWD shall coordinate with the Office of the Deputy Commissioner, SDMC, and shall be present at the site on all dates when the exercise of removal of encroachments and restoration of trees is undertaken by the respondent. PWD shall also take remedial measures apropos streets maintained by it.