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'Can't Enact Laws': Delhi High Court Dismisses Plea Seeking 'One Person One Tree' Policy For Sustainable Development

Suhavi Arya
19 Jan 2022 6:15 AM GMT
Cant Enact Laws: Delhi High Court Dismisses Plea Seeking One Person One Tree Policy For Sustainable Development
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The Delhi High Court has dismissed a public interest litigation seeking sustainable development in the national capital, by formulation of a 'One Person One Tree' policy.Noting that the subject matter of drafting policies lies exclusively within the domain of the legislature, the Division Bench comprising of Chief Justice DN Patel and Justice Jyoti Singh dismissed the petition. It...

The Delhi High Court has dismissed a public interest litigation seeking sustainable development in the national capital, by formulation of a 'One Person One Tree' policy.

Noting that the subject matter of drafting policies lies exclusively within the domain of the legislature, the Division Bench comprising of Chief Justice DN Patel and Justice Jyoti Singh dismissed the petition. It observed,

"It ought to be kept in mind that predominant role of this court is to interpret the law and not enact the law, except in exceptional cases. Drafting of policy is within the domain of the Respondent. Hence, no case is made out by the Petitioner for issuing a writ of mandamus for drafting a policy."

The petitioner, Rahul Bhardwaj, appearing in person, had sought a writ of mandamus directing the State to come up with a permanent solution for environment protection.

He submitted that different state governments are coming up with temporary "jugaads" or solutions in relation to sustainable development. However, in Delhi, which lacks space, the Petitioner submitted that the state must come out with the policy for "One person, One tree".

He urged the Court to set up a Commission to check the feasibility of the said policy, adding that it is not only a social responsibility but it should also be a corporate social responsibility.

Noting that the prayer is beyond the scope of writ of mandamus, the Bench dismissed the petition while reserving liberty with the Petitioner to make a representation before the competent authority.

Advocate Anurag Ahluwalia appeared for Respondent.

Case Title: Rahul Bhardwaj v. State, WP (C) 14483/2021

Citation: 2022 LiveLaw (Del) 28


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