IN THE HIGH COURT OF DELHI

(ORIGINAL JURISDICTION)
W.P. No. _____/ 2023

BETWEEN

Mayur Shrestha
A concerned citizen of India
Residing at: Provident Wellworth City,
Dodballapura, Marsandra, Bengaluru
Karnataka- 561203 …PETITIONER

AND

Union of India & Ors (In Re: Issue of Comprehensive Plan for Air
Pollution Control) and Delhi-Alwar Regional Rapid Transport
System.

1. Delhi Pollution Control Board (DPCB)

2. Delhi-Alwar Regional Rapid Transport Corp.

3. Union of India & Ors …. RESPONDENT

 MEMORANDUM OF WRIT PETITION UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA

To Hon'ble The Chief Justice of Delhi and His Lordship's Companion

Justices of the High Court of Delhi. The Humble petition of the Petitioner
abovenamed,

MOST RESPECTFULLY SHOWETH,

1. The petitioner, acting in the public interest, initiates this Public Interest
Litigation (PIL) under Article 226 of the Constitution of India,
addressing the severe environmental damages caused by Delhi – Alwar
Regional Transport System and Delhi State Transport Corporation
(DSTC)

2. Delhi – Alwar Regional Transport System being a Private -owned entity,

is mandated to uphold public interest and adhere to constitutional
principles, particularly in matters concerning environmental
conservation and citizen well-being.

3. This effect showed on the AQI Index of the state of Delhi on 2022. On
July 10, 2021 Delhi – Alwar Regional Transport System they got license
in a biding to conduct regional transport affairs in the state of Delhi and
NCR regions. This petition seeks redressal for the adverse
environmental impact caused by Delhi – Alwar Regional Transport
System, which necessitates judicial intervention.

4. This PIL underscores the urgency of addressing the environmental

damages caused by Delhi – Alwar Regional Transport System, which
directly affects the petitioner's right to a healthy environment and a
sustainable livelihood.

GROUNDS:

5. Delhi – Alwar Regional Transport System in Delhi and NCR regions,

have led to widespread environmental damage, including
contamination of soil, water, and air, it poses a serious concern. This
directly impacts the fundamental right to a healthy environment
 protected by Article 21 of the Constitution, necessitating closer scrutiny
and potential regulatory measures to address these environmental
threats and safeguard citizens' constitutional rights.

6. Because pollution caused by Delhi – Alwar Regional Transport System

operations has affected the health of the local population, leading to
instances of skin, kidney, and respiratory diseases. This infringement
upon citizens' fundamental rights to life and health, as enshrined in
Article 21 of the Constitution, underscores the urgency for
comprehensive measures to address the environmental issues caused
by Delhi – Alwar Regional Transport System and Delhi State Transport
Corporation and mitigate the health risks faced by the affected
communities.

7. Because An affidavit filed by Mr. Suyash Kumar, Deputy Commisioner

at Transport Department on behalf of Respondent No. 1 and 2, which
is taken on record, and it has been pointed out that in the affidavit that
the tender have been floated for 1000 low floor buses and letter of intent
in respect of 50 low floor busses have also been issue on 22.07.2021.

8. With respect to procurement of 1000 standard busses, an interim order

has been passed last year with respect to such 500 buses and a final
order has been pass by the Hon’ble High Court on 22.10.2020, the
petitioners are duly aware of the right to practice any profession, a
fundamental right protected under Article 19(1)(g) of the Constitution.
The subsequent contamination and suspended particles of unnecessary
transportation services running parallel to the illegally procured ones
adds another layer of violation, emphasizing the need for a balanced
approach that respects both economic activities and individual rights
to address the adverse impact on the affected farming communities.

9. Because the pollution of Delhi’s Air, and source methane taken from
particles suspended in the air it, raises concerns regarding the citizens'
fundamental right to access clean water, as protected by Article 21 of
the Constitution. Contamination of air not only impacts human heaths
as in comparison to smoking 5 cigarettes but also impacts the overall
well-being of the local community. Addressing this issue is imperative
to ensure the protection of the constitutional right to a clean and
 healthy environment, emphasizing the need for remedial actions to
safeguard both the ecological balance of the lake and the rights of the
affected population.

10. Following the directive of the Honorable Supreme Court on

September 13, 2000, the Central Pollution Control Board conducted an
inspection of the Foundry Nagar Industrial area and the Taj premises
in Agra. Their findings and recommendations were submitted in a
report. On November 7, 2000, the Court endorsed the Central Board's
recommendations and instructed the installation of four Ambient Air
Quality Monitoring Stations in the Agra region. These stations were to
operate continuously for a year, seven days a week, with reports to be
submitted monthly to the Court. The Central Pollution Control Board
presented a detailed proposal for establishing these stations, which the
Court accepted on May 4, 2001, following recommendations from the
Mahajan Committee.

11. The identified contaminants go beyond health concerns, indicating a

clear violation of established environmental laws, necessitating
regulatory actions to enforce compliance and mitigate the adverse
impact on both public health and the ecosystem.

12. The repercussions of air pollution in Delhi are deeply entrenched in

its societal, environmental, and economic fabric. The health
implications are stark and widespread, affecting millions in the region.
Respiratory diseases, including asthma, bronchitis, and chronic
obstructive pulmonary disease (COPD), are rampant due to the
inhalation of pollutants like particulate matter, nitrogen oxides, and
volatile compounds present in the polluted air.

13. Vulnerable demographics, such as children, the elderly, and

individuals with pre-existing health conditions, bear the brunt of these
ailments, facing exacerbated symptoms and declining lung function.
Long-term exposure to polluted air not only compromises respiratory
health but also heightens the risk of cardiovascular diseases, including
heart attacks and strokes. Fine particulate matter infiltrates the
bloodstream, instigating inflammation and adversely affecting the
cardiovascular system. The collective impact of these health risks leads
 to reduced life expectancy, casting a shadow over the well-being of
Delhi's inhabitants.

14. Simultaneously, air pollution poses a formidable threat to the

environment. It impedes plant growth and productivity by settling on
leaves, disrupting photosynthesis, and hindering the overall vitality of
vegetation. The delicate balance of ecosystems is perturbed,
detrimentally impacting biodiversity and wildlife habitats. Furthermore,
the pollutants emitted contribute to global warming and climate
change. Greenhouse gases like carbon dioxide and methane exacerbate
the greenhouse effect, leading to altered weather patterns and
heightened environmental instability. This environmental degradation
not only threatens the flora and fauna but also undermines the
resilience of ecosystems, potentially affecting the region's long-term
sustainability.

15. Beyond the immediate health and environmental consequences, air

pollution exacts a significant toll on society and the economy. The
healthcare burden escalates with increased medical expenses for
treating pollution-induced illnesses. Individuals and healthcare
systems grapple with the financial strain, while lost workdays and
decreased productivity among the workforce further compound the
economic impact. The societal cost of compromised health and
diminished quality of life amplifies the urgency of addressing Delhi's air
pollution crisis comprehensively.

16. Addressing these multifaceted challenges demands a holistic

approach. Stricter regulations, stringent enforcement of existing
environmental laws, technological innovations, public awareness
campaigns, and sustainable policies are imperative. Collaboration
among policymakers, industries, communities, and individuals is
critical in mitigating the detrimental effects of air pollution in Delhi.
Protecting public health, preserving the environment, and alleviating
the economic burden necessitate concerted efforts toward sustainable
solutions, ensuring a healthier and more resilient future for the city and
its inhabitants.
17. The Hon’ble Supreme Court has also previously pressed on the needs
to alleviate unnecessary vehicular emissions, Initially extended to May
31, 2001, and then further extended to January 31, 2002. On April 5,
2002, the Court referenced the Vellore Citizen Welfare Forum Vs Union
of India & Others (1996) 5 SSC 64 judgment, discussing the
precautionary principle and the 'polluter pays principle.' Additionally,
the Court cited various studies linking increased air pollution to a rise
in cardiovascular and respiratory diseases, highlighting the
carcinogenic properties of respirable suspended particulate matter
(RSPM) - PM-10 (particles less than 10 microns in size).

18. Also, the Hon’ble Supreme has also made reference to the CPCB
Newsletter "Parivesh," published in September 2001, discussing air
pollution's impact on human health. The Court observed the necessity
of controlling air pollution and identified one measure, reducing diesel
usage, as a means to address this pressing concern.

19. Because revelations about the extensive contamination of air in

Delhi and its NCR regions, underscore a pressing need for judicial
intervention. Urgent legal action is warranted to prevent further
environmental degradation and safeguard the constitutional rights of
the affected individuals and communities. Judicial intervention can
ensure that regulatory measures are implemented, holding accountable
those responsible for the environmental harm. This proactive approach
is essential to uphold the rights enshrined in the Constitution,
particularly the right to a healthy environment and the overall well-
being of the affected population.

20. That the Petitioners have no other efficacious remedy except to

approach this Hon'ble Court by way of this Petition under Article 226
of the Constitution of India.

21. That the Petitioners have not filed any other petition or preceding in
any court or tribunal throughout the territory of India regarding the
matter.
PRAYERS:

In view of the facts and circumstances stated above, it is most

respectfully prayed that this
Hon'ble Court may be pleased to:

a) Issue a Writ of Mandamus to Delhi – Alwar Regional Transport System

New Delhi – 123245 directing immediate and effective measures to
prevent further environmental pollution arising from its operations.
b) Direct the Delhi State Transport Corporation (DSTC) to conduct regular
monitoring of Extensive transportation activities and ensure strict
compliance with environmental regulations.
c) Form a committee comprising independent experts to assess the
environmental damage caused by Delhi – Alwar Regional Transport
System along with (DSTC) Delhi State Transport Corporation and
recommend measures for mitigation.
d) Direct the Union of India to formulate and implement a comprehensive
plan for the gradual decommissioning of Delhi – Alwar Regional
Transport System and Delhi State Transport Corporation (DSTC) New
Delhi – 124542 to mitigate further environmental damages.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL AS

INDUTY BOUND, EVER PRAY.

FILED BY:
PETITIONER-IN-PERSON
 AFFIDAVIT

1. That I am the Petitioner No. 1 in the case referred to above, and I

am well-versed with the facts and circumstances surrounding the
case. I am competent to swear this affidavit.

2. That the accompanying writ petition under Article 226 of the

Constitution of India, read with Section 482 Cr.P.C., and has been
drafted by my counsel under my instructions. I assert that the
averments made in the petition are true based on the available
records.

3. That the contents of the list of dates have been drafted by my

counsel and are true to the best of my knowledge. The information
is derived from the records maintained by me. The contents of this
affidavit have been prepared under my instructions and have been
read over to me in my vernacular language.

4. That the contents of paragraph 1 to 21 of the accompanying writ

petition are true to my personal knowledge or are legal submissions
which are base don the legal advice by my counsel, which I believe
to be true. Paragraph a to e are the prayer clause to this Hon’ble
Court. Nothing material has been concealed therefrom and no part
of it is false

5. That the accompanying annexures are true copies of their

respective originals.

6. That the deponent has not preferred any similar or other petition in
the above mentioned matter.

DEPONENT
 VERIFICATION

Verified at New Delhi on this 21st day of December,2023 that the

contents of above mentioned affidavit are true and correct to my
knowledge and nothing has been concealed there from and no part of its
false.

DEPONENT
 VAKALATNAMA
In The High Court at NEW DELHI
District: _____________________

C Criminal Revisional .
Constitutional Writ Civil
Appellate Jurisdiction

No. ………………………. of 20………….

Appellant
{ Petitioners
_________________________________________________________________

-Versus-
Respondent
{ Opposite Party
_________________________________________________________________

Vakalatnama on behalf of ________________________________________________

KNOW ALL MEN by these presents that by Vakalatnama I / we appoint

the Advocates noted below or any one of them my / our lawful Advocate or
Advocates for filling the memorandum of appeal or petition/ for entering
appearance in the above matter for appearing in conducting and arguing the
same for depositing or withdrawing any money in connection therewith for
moving the Court in any matter connected therewith, for preparing the paper
book in the case and for putting in papers, petitions etc. on my / our behalf for
filling / taking back any documents for withdrawing suits or appeals or petitions
with permission to institute fresh suits etc. for signing and filling petitions of
compromise in connection with the said matter and for taking copies of paper
form the Record and I / we further say that any act done by my / our said
Advocate or Advocates or by any one of them after accepting this Vakalatnama
shall be considered as my / our own true and lawful act.

AND I / we further hereby agree and undertake to pay the said Advocates
his or their fees as settled and all others sums that may be necessary to carry
out the requisition of the Court and otherwise to enable the said Advocates to
conduct the case properly failing which the said Advocates after notice to
me / us will be at liberty to withdraw from the further conduct to the case.

IN WITNESS WHEREOF, I / we sign and execute this Vakalatnama on

this …………………………….................... day of ……...................……..,
20……….

Name of Advocate :