Shivani Thakur
Published on: May 27, 2022 at 19:04 IST
The Delhi High Court has asked, the Delhi Government to seriously examine the proposal of imposition of fines for those found guilty of mosquito breeding, observing that the quantum of fine should not be limited to Rs. 5,000 but should be fixed at Rs. 50,000.
“We are also of the view that where institutions are found guilty of such conduct, the quantum of fine should not be limited to merely Rs.5,000/-, and should be fixed at Rs. 50,000/-. The GNCTD shall examine these aspects at the highest level and respond on the next date”, the Bench comprising Acting Chief Justice Vipin Sanghi and Justice Jasmeet Singh observed so.
Justice Jasmeet Singh orally remarked, “We can’t encourage lethargy. Look at these figures, it’s shocking. It shouldn’t come to this. It is not something which can’t be visualized, its happening year after year. It’s not like Covid which was unforeseen. You know the pattern, the hotspots, when it happens, etc. How difficult can it be?”
The Court had directed in Order dated March 25 to incorporate a ‘common protocol’ by all the local authorities i.e. NDMC, SDMC and EDMC.
The Court observed, “The efficacy of the system of imposition of fines as a deterrent would be completely lost, if fines are not imposed on the spot. We may also notice that mere challaning the violators and those found guilty of allowing mosquito breeding in their premises, would only lead to explosion of such cases in the Courts, and adding to the already existing heavy burdens that the subordinate Courts have to deal with.”
“The Commissioner of the MCD and the Chief Executive Officer of the NDMC and DCB shall be personally responsible to supervise the working of the DHOs, CMO and AHO respectively. Failure to perform their duties by the aforesaid officers shall invite departmental action, as well as for Contempt of Court both individually and jointly.” the Court directed the DHOs’ of Municipal Corporations.
The Bench also directed the local bodies and authorities, “They shall all remain bound by the said common protocol. Failure to comply with the same, and lapses in implementation of the common protocol shall be viewed seriously, and the Chief Executive Officers of the other local bodies/ authorities shall be personally held liable for the same.”