Wednesday, February 21, 2024

Delhi High Court seeks response from NDMC on plea about erection of garbage compactor within school premises

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The Delhi High Court on Monday sought response from the North Delhi Municipal Corporation upon a plea alleging erection of Fixed Compactor Transfer Station (FCTS) for installation of garbage compactors within the premises of a school situated in Delhi’s Jahangir Puri.

The Division Bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla while issuing notice in the matter, directed the Corporation to neither setup nor operate the FCTS within the premises of the school located in Block J, Jahangir Puri.

The Bench noted that: 

It goes without saying that any such exercise within the school premises would be contrary to the permitted use of the area as also be a cause for hazard to the children studying in the school.”

The matter is slated for further hearing on September 2, 2022.
The instant public interest litigation has been filed by Advocate Mahavir Sharma, on behalf of local residents of the Block J, Jahangir Puri.

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The petitioners have approached the High Court being aggrieved by the construction of FCTS for installation and use of garbage compactors within the playground of Municipal Primary School situated in the area.

The plea averred that the alleged act is against the welfare of children inasmuch as the same will expose them to toxic waste and harmful gases which will be released from such garbage compactors and is likely to impact the health as well as the life span of children studying in the said school.

The plea stated that the petitioners have made a representation to the sitting Councilor in March, 2022, seeking a restraint on the construction of FCTS in the school premises, however no action has been taken upon the representation.
Seeking a direction to the Corporation to stop the construction of alleged garbage compactor in the school premises, the plea averred thus-

Right to Health is an inherent and inescapable part of a dignified life and depriving the future of India of good hygiene conditions and fresh air, these children are being deprived of the fundamental right to life.”

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