Expressing deep concern over uncontrolled encroachment of forests and unauthorized constructions, including those in the guise of religious structures, the Delhi High Court emphasized that green cover is the “lungs of Delhi” to fight pollution and safeguard public health.
Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora underscored the urgent need to restore and protect forests in the city, emphasizing the important role of forests in mitigating pollution and ensuring the well-being of Delhi residents .
“Let the forests recover. Where will you find more forests today? So the existing ones must be preserved. These are the green lungs of Delhi. Have a heart. Be human. Understand that people are dying due to pollution. This is our only savior . This is our last bastion. We will not be able to breathe. What will you see? If you can’t breathe in the cities, how can you enjoy the heritage? Let them breathe. Enough Peer, Dargah, and there are temples there. enough. We have more than enough,” the bench said.
The court made the remarks during the hearing of a public interest litigation (PIL) seeking protection of ancient monuments, including the Ashiq Allah Dargah in Mehrauri. The petitioners advocated for the protection of historical monuments amid increasing encroachments and unauthorized development.
The committee highlighted the adverse impact of pollution on public health, especially on children, and noted the alarming increase in respiratory and lung diseases in Delhi. It emphasizes the need to harmonize the rights to health, cultural heritage and environmental protection.
Taking into account the encroachment of forest areas indicated in the master plan, the court emphasized that green spaces are the lungs of the city and must be protected from illegal construction and encroachment.
“This court believes that green space is the lungs of the city, and all statutory agencies must work together to ensure that illegal and unauthorized construction is not allowed on this public land.”
In reviewing photos depicting the unauthorized construction, the judges rejected claims of historic significance and stressed the need to prioritize forest conservation over unauthorized development.
“The first priority is Delhi’s green lungs. You don’t get a feel for Delhiites. Young children are not born with red lungs. Today, when surgeons open the lungs of children or anyone else, they are not red ; but red. They are all black. Children are born with lungs that have collapsed; please pity them… This is for the progress of the entire society. Health is at the highest level. Look at those in Delhi who are suffering from lung diseases . This is unbelievable. We are an unhealthy group of people today. Our lungs are deformed; it is horrific,” the court said.
The court directed the authorities to ensure the protection of the structures declared as part of the national heritage and take necessary steps to remove the encroachments as per law.
Finally, the bench reiterated the need to prioritize public health and environmental protection and emphasized the collective responsibility to protect Delhi’s green spaces for the well-being of present and future generations.
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