Courts have often been used to execute the desires of the incumbent government even against the law. Thus jhuggis along the Yamuna Pushta were demolished on the orders of the court to pave the way for the common wealth games village and the Akshardham Temple , in violation of formal government policy.
The Courts have acted whimsically and arbitrarily on environmental matters and have often invoked environment to demolish jhuggis, displace forest dwellers, etc. However the same considerations have not prevented them from allowing the use of the same spaces for corporate interests. There is a clear need for the courts to strengthen and rationalise the systems of environmental appraisal and clearance. Environmental approval committees should be given statutory status and appointed in a transparent manner to represent particularly the interests of the concerned masses rather than “technical corporate or bureaucratic interests”. The statutory appellate authority should also be transparently appointed through the judicial appointments commission.