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Court noted that Shivam Pandey had failed to place on record any evidence of personal injury suffered by him due to air pollution in Delhi.
The Delhi High Court dismissed a petition filed by a law student, Shivam Pandey, who sought Rs. 15 lakh in compensation and Rs. 25 lakh in health insurance from the Central and Delhi governments due to air pollution in Delhi.
While dismissing the petition, Justice Yashwant Varma noted that the petitioner in person failed to present any material evidence that could even remotely establish any personal injury suffered by him. The Bench remarked, “Court is a serious place and the filing or the right to file a petition in this court is not merely a tool for your resume or CV. Next time you have a serious issue to raise, you are most welcome to do so.”
The petitioner Shivam Pandey, claimed that air pollution affects the lungs and can cause serious diseases like lung cancer. He also stated that pollution is a “slow poison” that cuts down the life of a person by five to nine years.
The petitioner stated that he was having breathing problems and that the personal injury caused by pollution would only be visible when he would turn 70 or 75 years old. He also claimed that pollution is the root cause of many diseases because it has a negative impact on human health. Further, he sought Rs.15 lakhs in compensation for specific and exemplary damages, as well as Rs.25 lakhs in medical insurance for himself. He also sought that factories producing firecrackers and shops selling firecrackers in the Delhi NCR region be sealed immediately.
The plea further stated that the Supreme Court has already broadened the scope of Article 21 of the Indian Constitution by recognizing the "right to a clean, pollution-free environment" as a fundamental right.
Case Title: Shivam Pandey v. Government of NCT of Delhi & Ors.
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