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"Right To File Petition Not A Tool For Your Resume": High Court Dismisses Law Student's Plea Seeking Compensation In Wake Of Delhi's Air Pollution

Nupur Thapliyal
5 Sep 2022 10:32 AM GMT
Right To File Petition Not A Tool For Your Resume: High Court Dismisses Law Students Plea Seeking Compensation In Wake Of Delhis Air Pollution
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The Delhi High Court on Monday dismissed a plea filed a law student namely Shivam Pandey persuing masters from University of Delhi seeking compensation of Rs. 15 lakhs for the damages suffered to his health due to the cause of air pollution in the city. Apart from compensation, the plea also sought health insurance of Rs. 25 lakhs. A single judge bench comprising of Justice Yashwant...

The Delhi High Court on Monday dismissed a plea filed a law student namely Shivam Pandey persuing masters from University of Delhi seeking compensation of Rs. 15 lakhs for the damages suffered to his health due to the cause of air pollution in the city. Apart from compensation, the plea also sought health insurance of Rs. 25 lakhs. 

A single judge bench comprising of Justice Yashwant Varma observed that the law student failed to place on record any material evidence which may "even remotely" establish any personal injury suffered by him on account of air pollution. 

Calling the petition as misconceived, the Court dismissed the same and orally told the petitioner, who was appearing in person, thus:

"Sir remember, Court is a serious place. Filing and the right to you to file a petition in this Court, is not merely a tool for your resume and you cv. Next time you have a serious issue to raise, you are most welcome to do so..."

As the court asked the petitioner to show some evidence in support of his contention that his has suffered on account of pollution, the petitioner submitted that there are reports suggesting that life efficiency of a person decreases for about five to nine years due to air pollution. 

To this, Justice Varma asked the petitioner "I don't want a general discussion on the subject of pollution and its side effects. I am asking you, show us from the record the personal injuries suffered by you."

He added "Any medical report of medical evidence or examination of a doctor who may have treated you for any ailments that you may have suffered on account of Delhi's pollution."

The petitioner then informed the Court that air pollution was acting as a slow poison, which will result in decreasing his life span for about five to nine years. 

"Personal injury will only be available at the time of my old age when I'll be i guess 70 or 75 because at that time, five to six years of my life would have been deducted due to pollution," the petitioner had argued. 

In the plea, the petitioner had contended that the air pollution is the root of many diseases, thereby creating a very adverse impact on human health. 

"Few of the problems include chronic headache, eye irritation, skin irritation, effect on respiratory functions and the associated morbidity. It can also cause severe lung disease and can be a reason and root of various dangerous diseases including cancer," the plea stated. 

It added "Pollution free clean environment is very necessary to live a healthy life and the same is recognised during vedic period. In addition to this. the Hon'ble supreme court of India, on number of occasions, also recognised the importance of clean pollution free environment for living a healthy life."

Title: Shivam Pandey v. GNCTD

Citation: 2022 LiveLaw (Del) 841

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