Neel Mani vs Municipal Corporation Of Delhi
2010 Latest Caselaw 609 Del

4.
*IN THE HIGH COURT OF DELHI AT NEW DELHI

+      W.P.(C) 8854/2006

       NEEL MANI                                ..... Petitioner
                              Through Mr. J.P. Sengh, Sr. Advocate with Mr.
                              Sumeet Batra, Advocate.

                     versus

       M.C.D.                               ..... Respondent
                              Through Mr. Abhimanyu Mahajan, Advocate for
                              respondent No. 2.

       CORAM:
       HON'BLE MR. JUSTICE SANJIV KHANNA

                ORDER

% 03.02.2010

1. This writ petition was filed on 18th May, 2006 on the ground that the respondent-MCD was not taking steps to remove garbage accumulated outside entry gate of plot No. 74, Friends Colony, New Delhi and this had created unhygienic conditions. Photographs were also enclosed with the writ petition.

2. The respondents filed their counter affidavit and thereafter joint inspection was undertaken. The respondent No. 2-Friends Colony Resident Welfare Association has filed photographs on record, which show that the entire garbage has been removed and the area has been cleaned.

3. Learned counsel for the petitioner submits that they are satisfied with the steps taken by MCD in removing the garbage and cleaning up the area, but are worried that once the writ petition is disposed of, MCD will stop removing the garbage and the situation will deteriorate. It is noted that as per the joint inspection, no alternative place for relocating the dhalao was identified.

4. MCD will ensure that the dhalao is cleaned and garbage is removed as per the schedule and garbage is not allowed to accumulate in the street/location. It will be also open to the petitioner and respondent No. 2 Association to write to MCD in case they find any garbage has accumulated and MCD will take appropriate action. In case the petitioner still feels aggrieved, he will be at liberty to approach the Court.

The writ petition is disposed of.

SANJIV KHANNA, J.

FEBRUARY 03, 2010 VKR