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2022 (1) TMI 1435

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..... the nature of mandamus thereby directing the respondents to constitute a special commission on environment for bringing the policy on sustainable development for further directing concerned special commission to hear the matter expeditiously on day to day basis and further fix a timeframe within which the said matter may be decided and further direct the concerned special court to file a status report every week regarding the status of the said case so that 'one person one tree' policy can be executed. (ii) Issue a writ order or a direction in the nature of mandamus thereby directing the respondents to plan for enforceability of fundamental duty under article 48-A and there should be penalty of not abiding the rules related to pr .....

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..... tances of the present case." 2. Petitioner No.1, who appears in person, submits that directions be issued to the Respondents to constitute a Special Commission on Environment and frame a policy for protection of the environment on the principle of 'one person one tree'. He submits that framing a policy is the need of the hour when the pollution is increasing and there is deterioration in the environmental conditions. 3. We have heard Petitioner No.1, who has canvassed the above argument. 4. It is a settled law that framing policies is the domain of the Government and it is not for this Court to direct framing of any policy. We are fortified by the decisions of the Supreme Court in State of Himachal Pradesh and Ors. v. Satpal Saini, (201 .....

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..... ze and test, whether the policy in question is unreasonable, unfair or violative of the mandate of Article 14 of the Constitution of India and in case it is so found, it can certainly be struck down. 8. In this view, prayers relating to formulation of the policy relating to environmental protection and directing that it be made on the principle of 'one person one tree', as suggested by the Petitioners, cannot be allowed. We, therefore, see no reason to entertain the present petition and direct the Government to frame a policy. 9. However, it will be open to the Petitioners to make a comprehensive representation to the concerned Respondents, ventilating their grievances and also giving suggestions, if any, towards protection of the environ .....

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