Gramin Uthan Avam Jankalyan Samiti (Regd.) v. Govt. of NCT of Delhi & Ors

T.S. THAKUR,J VEENA BIRBAL, J FEBRUARY 08, 2008 anb

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)6526/2007 Date of Decision: 8 TH FEBRUARY , 2008 GRAMIN UTHAN AVAM JANKALYAN SAMITI (REGD.) ..... Appellant Through: Mr. Sanjay Jain, Sr. Adv. with Mr. Pankaj Vivek and Mr. Sarfaraj, advs. versus GOVT. OF NCT OF DELHI & ORS. ..... Respondent Through: Mr. Sandeep Agarwal, Adv. for DJB CORAM: HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MS. JUSTICE VEENA BIRBAL 1. Whether reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to the Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes Per Thakur, J: This is yet another writ petition filed by the petitioner samiti in public interest. The earlier two petitions, like the present one, also raised public health related issues for the benefit of those residing in village Kapashera in Delhi. W.P.(C)3637/1998 filed by the petitioner highlighted the unhygienic living conditions arising out of the neglect of the State Authorities giving rise to serious concerns as to public health environment in the village and apprehension of epidemics like Dengue, Malaria and other diseases spreading in the area. The petition, in particular, brought into focus the poor sanitary conditions prevailing in the area on account of the sewage from the villages in the vicinity getting discharged into a drain that commences close to Rajokhri crossing on the NH-8 and flows through the villages along the Oberoi Farms to finally empty itself into the Najafgarh drain west of village Bijwasan. Intervention of this Court was sought by the petitioner in an attempt to protect the rights guaranteed to the villagers under Article 21 of the Constitution. That petition was finally disposed of by this Court by an order dated 18th April, 2001 with a direction that industries located in HSIDC, Udyog Vihar, Phase-V, Gurgaon and elsewhere in Gurgaon shall be surveyed and action in accordance with law taken in case the same were found to be causing environmental or water pollution. The Court noted that HSIDC was setting up three parks in the area in Phase I, II and III which would improve the environment of the area. Permission was also granted to the petitioner society to revive the writ petition if the need so arose. 2. It was in pursuance to the above that the petitioner filed CM 5709/2001 for revival of the petition and for directions to the Delhi Jal Board and other authorities. The said application was then disposed of with several directions to the respondents including the Delhi Jal Board and the Irrigation and Flood Control Department of Delhi Government to maintain and clean the Bijwasan drain and to take action against those found polluting or indulging in any activity which contributes to the pollution of the said drain. A direction was also issued to the HSIDC to ensure that no polluted effluent is discharged into the drain apart from a direction to the HSIDC to ensure that the industries located in HSIDC complex do not cause any such pollution. The MCD was directed to clear the garbage dumped along nala flowing behind Kapashera and Oberai Farm and to ensure that the same is not made a place for dumping of garbage by the residents of the area. Directions to provide public receptacle, depots and places for temporary dumping of garbage were also issued to the MCD and a Committee consisting of an officer of the MCD, the police, the DPCC and citizens constituted to help keep a vigil and to ensure compliance of the directions of the Court. 3. Then came W.P.(C)3502/2000 and connected matters in which the petitioners drew the attention of the Court towards a total lack of concern by the respondents towards the issue of water management in the city of Delhi. The petitioners inter alia alleged that the distribution losses of drinking water on account of leakage of pipes, pilferage, overflowing of storage tank etc. could be minimized by taking proper corrective measures by the Government of Delhi and Delhi Jal Board. Direct