All India Lawyers Union vs Municipal Corporation Of Delhi ...
2001 Latest Caselaw 1181 Del

ORDER

1. We find that our order dated 3rd May, 2001 passed in C.W. No. 3507/2000 has not been complied with. By that order we had directed that it shall be the bounden duty of the Authorities concerned to provide electricity, potable water and decent toilets in the Schools. We find that in many of the schools the facilities of potable water and toilets are not available. In certain schools electricity has not been provided.

2. The Commissioner MCD, who is present in person, says that if two months' time is given to him he will see that the order dated 3rd May, 2001 is complied with to the satisfaction of the Court. We will give one more chance to the Commissioner MCD to rectify the deficiencies in the various schools. In order to facilitate the functioning of the Committee, which we had appointed vide order dated 3rd May, 2001 we consider it appropriate to replace the Principal Secretary, Urban Development, by the Secretary Education, Government of NCT of Delhi. We order accordingly. The Chief Engineer, Delhi Jal Board, and Member Technical, Delhi Vidyut Board, shall also be the members of the Committee.

3. The Commissioner MCD, shall be the Convenor of the Committee and he shall file an interim progress-cum-action taken report within one month from today. While framing the report, the Commissioner MCD shall keep in view the earlier orders dated 16th February, 2001; 26th April, 2001, and 10th August, 2001.

4. Ms. Ahlawat, learned Counsel appearing for the Government of NCT of Delhi, says that insofar as schools under the control of the Government of NCT of Delhi are concerned, the defiencies shall be removed within a period of two months. The Secretary Education, Government of NCT of Delhi shall file an interim progress-cum-action taken report in respect of the Government Schools. The Government of NCT of Delhi shall file an affidavit specifying the details of the amounts sanctioned to the schools for the year 1977, and onwards. It shall also specify the dates on which the amounts were sanctioned and released. The requisite affidavit in compliance of order dated 10th August, 2001 shall also be filed before the next date.

5. Mr. Aswani Kumar, learned Senior Counsel appearing for the Delhi Vidyut Board says that the electricity shall be provided to the schools in compliance with the order dated 3rd May, 2001. He, however, points out that in respect of certain schools outstanding dues on account of consumption of electricity have not been paid by the concerned Authorities. The non-payment of dues by the Authorities to the DVB should not come in the way of providing electricity to the MCD and Government Schools. The students cannot be made to suffer for the neglect and apathy of the Authorities who do not care to pay the dues to the DVB.

6. Learned Counsel appearing for the Delhi Jal Board says that in all schools potable water will be provided. It shall be the duty of the MCD and the Delhi Jal Board to work out the modalities for providing potable water to schools.

7. List the matter on 17th October, 2001. The C.W.P. No. 3507/2000 need not be listed on 7th September, 2001.

8. A copy of this order be given to Mr. Duggal, learned Counsel for the MCD, under the signatures of the Court Master.

9. Matter listed on 17.10.2001.