The Division Bench of the Delhi High Court in the case of Refrigerated Water Licensees Association (Regd.) & Anr vs The Commissioner South Delhi Municipal Corporation & Ors. consisting of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad directed the Municipal Corporation of Delhi to keep conducting frequent raids, seizing illegal substances, and taking legal action against people who sell or distribute contaminated water or beverages.
Facts:
This Writ Petition under Article 226 of the Constitution of India was filed as a PIL by the Refrigerated Water Licensees Association (Regd), a registered association that has more than 300 water cooling units, to pass a mandamus thereby directing the Respondents to put a total ban on the sale of contaminated water and beverages made from harmful chemicals and substances by unlicensed roadside hawkers. It also requested to act against such E-Rickshaw/ vendors selling such contaminated water and drinks including the imposition of penalty and prosecution & demolition of the permanent structure from where the water is sold.
Procedural History:
In August 2017, a notice was issued in this petition and the court directed the respondents (North, South, East MCD) to file counter affidavits. The respondents submitted status reports detailing their actions, including raids, destroying sub-standard ice, and undertaking prosecutions. The petitioners also informed the respondents about the sale of shikanjavi, aamras, coloured drinks, and unlicensed water trolleys selling water. The petitioners filed multiple applications, and notice was issued for all of them. The counsel for Respondent No.1 informed the court in August 2022 that all corporations had merged into the Delhi Municipal Corporation and would file a consolidated status report. The MCD submitted a status report in November 2022 in tabular form, stating that they had been taking action against unauthorized businesses selling water, sugarcane juice, ice cream, and other products made from water.
Observations of the Court:
From a perusal of the status report furnished, it appeared that the Respondents, which are now the Common Municipal Corporation of Delhi, along with the aid and assistance of the police, had been 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. The Respondents had been taking such action since 2018 itself. Considering this, the Bench did not find it necessary to furnish further status/action taken reports from the Respondents.
Judgment:
The Bench directed that the Respondent/MCD must continue to make sure that hawkers are not allowed to pass or sell any contaminated drinks, such as Jal Jeera and Ruhafza, Kanji bottles, coloured drinks, soda water, lemon soda, chopped fruits, or infected water. In this regard, the Respondents were directed to continue conducting routine raids, seizing illegal materials, and filing charges against anyone caught passing contaminated water or other beverages such as Shikanji, Lassi, coloured drinks, soda water, lemon soda, cut fruits, sugarcane juice, Jal Jeera, and Ruhafza. Therefore, this PIL was disposed of accordingly.
Case: Refrigerated Water Licensees Association (Regd.) & Anr vs The Commissioner South Delhi Municipal Corporation & Ors.
Citation: W.P.(C) 6583/2017
Bench: Chief Justice Satish Chandra Sharma, Justice Subramonium Prasad
For Petitioners: Mr. Ashok Chhabra and Ms. Shefali Gupta, Advocates.
For Respondents: 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.
Read Judgment @LatestLaws.com
Picture Source :
