Sadhu Sunder Singh Welfare ... vs Govt. Of Nct Of Delhi & Others
2009 Latest Caselaw 3613 Del

   *         IN THE HIGH COURT OF DELHI AT NEW DELHI

   + W.P.(C) 5566/2008

        SADHU SUNDER SINGH WELFARE SOCIETY       .... Petitioner
                       Through        Mr. Amitabh Chaturvedi, Adv.

                    versus


        GOVT OF NCT OF DELHI & ORS                 ..... Respondent
                              Through        Mr. Najmi Waziri, Adv. with Mr.
                                             Ankur Chibber, Advocate.
                                             Mr. Deepak A. Masih, Advocate for
                                             intervener/applicant.

        CORAM:
        HON'BLE MR. JUSTICE SANJIV KHANNA

                                ORDER

% 07.09.2009

1. The petitioner, Sadhu Sunder Singh Welfare Society (Regd.) has

filed the present writ petition to challenge orders dated 21st July, 2008 and

31st July, 2008. By the first order, certificate of recognition to operate and

run children's home under Section 34 of the Juvenile (Care and Protection

of Children) Act, 2000 (Act, for short) in respect of children's home at

Mahavir Enclave has been cancelled. By order dated 31st July, 2008 passed

by the Child Welfare Committee, the petitioner was asked to produce 25

children from the children's home run by the petitioner before the

concerned officer. The said orders were passed by the respondents in view

W.P.(C) 5566/2008 Page 1 of the observations made in respect of the adoption of master Pradeep.

2. Keeping in view the nature of litigation and need to protect and

provide care to the children housed in the children's home at Mahavir

Enclave and Najafgarh, this Court vide order dated 5th August, 2008

appointed two Receivers, namely, Ms. Anjali Gandhi, Head of the

Department of Social Works, Jamia Millia Islamia University and Mr.

Surinder Verma, Chair Person of Child Welfare Committee, Lajpat Nagar.

The petitioner society was directed to provide all assistance and

cooperation to the Receivers. Later on, at the request of the Receivers, Dr.

Neelam Sukhwani, Associate Professor, Department of Social Welfare was

appointed to provide assistance. The two receivers and Dr. Neelam

Sukhwani have been filing reports in this Court from time to time and in

terms of the directions issued by this Court after 5th August, 2008. The two

receivers have submitted their final report on 28th August, 2009. The

reports including the final report indicate the steps taken by the Receivers

with the concurrence of the management to improve the conditions of the

children's home and remove the deficiencies.

3. Government of the NCT of Delhi has been taking active interest

and closely watching the steps taken and improvements made. In the

status report filed by the Department of Women and Child Development,

W.P.(C) 5566/2008 Page 2 the said respondents have stated that they are willing to consider the case

of the petitioner society for grant of provisional licence for running of

children's home in Mahavir Enclave subject to the petitioner furnishing an

undertaking that they will comply with the provisions of the Act and the

Rules and such other orders and directions as have been issued or are

applicable. The petitioner has filed the affidavit dated 1st September, 2009

of Mr. S.P. Rai, president of the petitioner society in the form of an

undertaking stating that the petitioner will comply with the provisions of

the Act and the Rules. In another affidavit, Mr. S.P. Rai on behalf of the

petitioner stated that the petitioner will comply with all the directions given

by the Receivers and will also do all acts, deeds and things in compliance

with essential steps needed to be carried out by the petitioner society.

4. In view of the affidavit of the Government of NCT of Delhi, counsel

for the petitioner seeks liberty to withdraw the preset writ petition. He

further states that the petitioner will be bound by the undertakings given to

this Court as well as to the respondents. The respondents will be entitled

to monitor the progress and ensure the strict adherence to compliance of

the provisions of the Act and Rules and carry out periodic inspection at

least once in three months. It will be open to the respondents to take

appropriate action in accordance with law, in case of violation of the

W.P.(C) 5566/2008 Page 3 safeguard conditions mentioned in paragraph 3 of the short affidavit dated

20th March, 2009 of Ms. Suchi Sehgal. The petitioner society will not offer

children for adoption.

5. It is open to the petitioner society to have fresh elections of the

Executive Committee in accordance with constitution. It will be also open

to Mr. R.K. Massey to make a representation to the Executive Committee. If

any representation is made, the same will be considered by the Executive

Committee. It is clarified that this Court has not expressed any opinion on

the right of Mr. R.K. Massey. Interim arrangement as of today will continue.

However, it will be open to the Executive Committee to make appropriate

changes as may be required for the benefit and betterment of the society.

6. In view of the above order, counsel for the applicants in

C.M.No.11240/2009 states that he does not want to press his application.

The writ petition and all pending applications are disposed of.

SANJIV KHANNA, J.

        SEPTEMBER 07, 2009
        NA/VKR




W.P.(C) 5566/2008                                                             Page 4