New Delhi: The Supreme Court on Wednesday gave a tongue-lashing to the Centre, Delhi government and civic agencies for their failure to stop unauthorised constructions in the national Capital, saying that "lungs" of the citizens, especially children, were "damaged" due to inaction of the authorities.
The top court was critical of the continuous inaction by the authorities and said that the people of Delhi were suffering with problems such as pollution, parking and lack of green areas due to the issues arising out of unauthorised constructions.
"People of Delhi are suffering. Children are suffering. Our lungs are already damaged. Lungs of our children will also be damaged. Why? Because the Union of India, Delhi government, Delhi Development Authority (DDA), municipal corporations of Delhi (MCDs) say you can do whatever you want but we will not do anything," a bench of justices Madan B Lokur and Deepak Gupta said.
The court told Additional Solicitor General (ASG) ANS Nadkarni, representing the Centre, that unless the authorities would realise that the people of Delhi were important, nothing would change.
"People of Delhi are not cattles ...Everybody has some respect in the society," the bench said, adding there was a "continuous default" on the part of authorities since 2006 in this matter.
Nadkarni suggested that the top court should monitor the situation and the authorities should be asked to perform their duties in a time-bound manner.
"We are not policemen. Why should we do it?," the bench asked, adding, "Does the Supreme Court has nothing more to do?".
When Nadkarni argued that the apex court has monitored several issues in the past, the bench shot back, "You are doing nothing that is why we have to monitor several things".
"When the Supreme Court says something, it is said there is judicial activism and judicial overreach. This is happening. The Government of India can shut its eyes but we cannot. We have the constitutional obligations," the bench said.
It also questioned the government about the protests and 'dharnas' by the traders against the ongoing sealing drive.
When Nadkarni again said that the apex court should monitor it, Justice Lokur said, "Then there will be dharna outside my house."
The Centre told the bench that there was no doubt that Delhi is in a "mess" but its intention was to make everything orderly and organised in the national Capital.
The ASG said striking down the Delhi Laws (Special Provisions) Act, 2006 and subsequent legislations, which protect unauthorised construction from being sealed, was not a solution to the problem and it was the task of the Delhi government and local bodies to ensure that regulations were adhered to.
The bench, which posted the matter for hearing on April 9, also asked the Centre as to what it has done about commercial establishments in residential areas here and said there were big car showrooms, restaurants and big shops in such areas.
The Centre said any commercial establishments in residential areas which were violating law, would have to go.