Regrigerated Water Licensees Association (Regd) and Anr v. The Commissioner South Delhi Municipal Corporation and Ors

JUDGMENT

¶1The instant Writ Petition under Article 226 of the Constitution of India has been filed as a Public interest Litigation (PIL) by Refrigerated Water Licensees Association (Regd), a registered association having more than 300 water cooling units, with the following prayers:-

"a) The present writ petition may be allowed and writ in the nature of mandamus be passed and the Respondents be directed to forthwith put total ban on the sale of contaminated water by unlicensed roadside hawkers Selling through E-Rickshaw & through unauthorised permanent structure and selling artificially flavoured colour drinks made from harmful chemicals and substances and styling them as Shikanjavi, lassi, aamras etc.

b) The Respondents be directed to ensure the implementation of their own guidelines, rules and Law as already stated herein above.

c) No hawkers should be permitted to sell artificially flavoured colour drinks made from harmful chemicals and substances and styling them as Shikanjavi, lassi, aamras etc.

d) The Respondents should be ordered to forthwith confiscate such E-Rickshaw/ vendors selling such contaminated water and drinks and take action including imposition of penalty and prosecution &Demolish permanent structure from where the water is sold.

e) The Commissioner of Police, Respondent No.7 should be ordered to issue instructions to all Police Stations to assist the MOD and ensure that no unlicensed hawkers sell artificially flavoured colour drinks made from harmful chemicals and substances and styling them as Shikanjavi, lassi, aamras etc.

f) The persons selling water outside the said Metro stations and other places be immediately removed and stopped from selling contaminated water and action in accordance with law be taken against them"

¶2Notice was issued in the instant Petition on 17.08.2017, and this Court directed the Respondents to file counter affidavits.

¶3The Respondents have filed Status Reports from time to time. The Respondents being the North, South, East MCD vide these status reports have from time to time placed on record the action taken in the form of raids conducted, sub-standard ice destroyed, and prosecutions undertaken.

¶4From time to time, the Petitioners also addressed communications to the Respondents apprising them of sale of shikanjavi, aamras, coloured drinks, etc. andunlicensed water trolleys/ Water ATM selling water withoutthe license. In this regard, the Petitioners have also filed applications dated

14.04.2018,

27.07.2018,

11.03.2019,

25.09.2019 (Local Commissioner), 05.04.2022 (banning of sale of contaminated). Notice was issued on all such applications.

¶5Pursuant thereto, on 17.08.2022, the Ld. Counsel for the Respondent No.1/SDMC informed this Court that all Corporations have now been merged into one corporation which is the Delhi Municipal Corporation and will be filing a consolidated status report on behalf of the Corporation.

¶6A latest common Status Report dated 09.11.2022 was filed on behalf of the Municipal Corporation of Delhi. The MCD has placed on record that there are 12 zones falling under its jurisdiction and the MCD has been regularly taking action against various persons running unauthorized business of sale of water through unlicensed water trolleys, unlicensed sugarcane juice shops, other persons selling ice cream, unauthorised water cooling plants and other products made from water. With regard to the action taken in respect of the unauthorised water cooling plants in these 12

zones, the following data has been presented before this Court in tabular format: South Zone: S. No. Action Numbers

¶1Shikanji Rehri Seized

¶2Lassi Rehri Seized

¶3Cold Drink Rehri Seized

¶4Juice Rehri Seized

¶5Jaljira Rehri Seized

¶6Sugar Trolleys Seized

¶7Water Trolleys Seized

¶8Water Trolleys Checked 547 (Rounds)

West Zone: S. No. Action Taken Status

¶1Shikanji, Lassi, coloured drinks and Jal Jeera etc. seized

¶2Sugarcane Crusher seized

¶3Unlicensed Water Trolley Seized

¶4Removal action of Nimboos, Lemon from water trolley

¶5Prosecution actions taken against illegal water cooling plant

Central Zone: S. No. Trades Total

¶1Rehri Jal Jeera

¶2Rehri Shikanji

¶3Rehris Lassi

¶4Rehris coloured drinks

¶5Rehris Aam Panna and drinking materials

¶6Water Trollies

¶7Suger cane crushers

¶8Prosecution actions taken against illegal water cooling plants

¶9Show cause/Improvement notice issued to Water cooling plants

Najafgarh Zone: S. No. Action Taken Status

¶1Shikanji, lassi, Coloured Drinks and Jaljira etc.

¶2Sugarcane Crushers seized

¶3Unlicensed Water Trolley seized Nil

¶4Removal action of neembus / lemon from water trolleys Nil

¶5Prosecution action against illegal water cooling plant / trolley Nil

Civil Lines Zone: S. No. Action Taken Status

¶1Lassi, Cold drinks, Jaljeera etc. Seized

¶2Sugarcane Crusher Seized

¶3Unlicensed Water Trollies Seized

¶4Removal action of Nimbus/Lemon from Water Trollies

¶5Prosecution action against water cooling plant

¶6Closure notice/notice issued against water cooling plant

¶7Ice cream push cart

City-SP Zone S. No. Action Taken Status

¶1Lassi, Cold Drinks, Jaljeera etc. 124

Seized

¶2Sugarcane Crushers Seized

¶3Unlicensed Water Trolly Seized

¶4Removal action of Neembus/Lemon from Water Trollys

¶5Prosecution action against Water Cooling Plant

¶6Closure Notice issued against Water Cooling Plant Nil

Shahdara (South) Zone: S. No. Action Status

¶1Lassi, Cold Drinks, Jaljeera etc. Seized

¶2Sugarcane Crusher Seized

¶3Unlicensed Water Trolleys Seized

¶4Removal action of Nimbus/Lemon from Water Trollies

¶5Prosecution action against Water Cooling Plant

¶6Closure Notice issued against Water Cooling Plant Nil

Shahdara (North) Zone: S. No. Action Taken Status

¶1Lassi, Cold Drinks, Jaljeera etc. Seized

¶2Sugarcane Crushers Seized

¶3Unlicensed Water Trolley Seized

¶4Removal action of Neembus/Lemon from Water Trolleys

¶5Prosecution action against Water Cooling Plant

¶6Closure Notice issued against Water Cooling Plant Nil

Rohini Zone: S. No. Item Seized Total No's

¶1Water Trolley

¶2Sugarcane Crusher

¶3Rehri Shikanji

¶4Rehri Lassi

¶5Rehri Jal Jeera

¶6Rehri Juice

¶7Ice cream Trollies

¶8Aamras/Coloured Drinks

¶9Banta Lemon

¶10Ice Destroyed 6500 KG

Karol Bagh Zone: S. No. Items Seized Total No

¶1Water trolley seized

¶2Sugar cane crusher

¶3Rehri Shikanji Seized

¶4Rehri Lassi Seized

¶5Rehri Jal Jeera

¶6Rehri Juice

¶7Ice cream Trollies

¶8Aamras/Coloured Drinks

¶9Banta Lemon

¶10Ice destroyed 8758

Narela Zone: S. No. Items Seized Total Nos

¶1Water Trolleys seized -

¶2Sugar Cane (Kolhu) Seized

¶3Rehri Shikanji Seized

¶4Rehri Lassi Seized

¶5Rehri Jal Jeera

¶6Rehri Juice

¶7Ice cream Trolleys

¶8Aamras/Coloured Drinks

¶9Banta Lemon

¶10Ice destroyed 960 kg

Keshav Puram Zone: S. No. Items Seized Total No.

¶1Water Trolleys Seized

¶2Sugar Cane (Kolhu) Seized

¶3Rehri Shikanji Seized

¶4Rehri Lassi Seized

¶5Rehri Jal Jeera

¶6Rehri Juice

¶7Ice cream Trollies

¶8Aamras/Coloured Drinks

¶9Banta Lemon

¶10Ice destroyed 1790

¶7From a perusal of the above tables, it appears that hygiene raids were carried out in the South Zone from 01.05.2022 to 07.11.2022. In such raids, 47 Shikanji rehris, 54 lassi rehris, 23 cold drink rehris, 68 juice rehris, 54 jaljeerzrehris, 13 sugarcane crusher rehris, 19 water trolley were seized and 547 water trolleys were checked. Further, it appears that 132 shikanji, lassi, and coloured drinks rehris, 11 sugarcane crushers, 03 unlicensed water trolleys were seized, 148 rehris of nimboos, lemon were removed, and 07 illegal water colling plants were prosecuted in the West Zone. Similar action has been taken in the Central, Najafgarh, Civil Lines, City SP, Shahdara (South), Shahdara (North), Public Health Department, Karol Bagh, Narela, and Kesha Puram Zones as well.

¶8It appears that the Respondents, which are now the Common Municipal Corporation of Delhi, along with the aid and assistance of the

police, has been from proactively taking action against the illegal dissemination of contaminated water and/or artificially flavoured colour drinks made from harmful chemicals and substances in all the prevalent zones. It appears that the Respondents had been taking such action from 2018 itself. In light of this, this Court does not find it necessary to furnish further status/action taken reports from the Respondents.

¶9Needless to state that the Respondent/MCD must continue to ensure that hawkers are prohibited from selling contaminated water or from passing of any contaminated beverages as Shikanji, Lassi, coloured drinks, soda water, lemon soda, cut fruits, sugarcane juice, Jal Jeera and Ruhafza, Kanji bottle etc. In this regard, the Respondents must continue to carry out regular raids, confiscate illegal material, and initiate prosecution against individuals engaged in the selling of selling contaminated water or from passing of any contaminated beverages as Shikanji, Lassi, coloured drinks, soda water, lemon soda, cut fruits, sugarcane juice, Jal Jeera and Ruhafza, Kanji bottle etc.

¶10In light of this, the instant PIL stands disposed of, along with pending application(s), if any.

SATISH CHANDRA SHARMA, CJ

SUBRAMONIUM PRASAD, J APRIL 20, 2023 S. Zakir/ss

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 20th APRIL, 2023 IN THE MATTER OF: + W.P.(C) 6583/2017 & CM APPLs. 27297/2017, 15459/2018, 30681/2018, 43621/2019, 17531/2022 REFRIGERATED WATER LICENSEES ASSOCIATION (REGD) AND ANR ..... Petitioners Through: Mr. Ashok Chhabra and Ms. Shefali Gupta, Advocates. versus THE COMMISSIONER SOUTH DELHI MUNICIPAL CORPORATION AND ORS ..... Respondents Through: Mr. Sanjeev Sabharwal, Standing Counsel for MCD with Ms. Shweta, Advocate. Ms. Kanika Agnihotri, ASC for NDMC. Mr. Anuj Aggarwal, ASC for GNCTD with Ms. Ayushi Bansal, Mr. Sanyam Suri and Ms. Arshya Singh, Advocates for R-5. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD