Delhi High Court
Malvika Kaul vs Govt.Of Nct Of Delhi on 19 January, 2011
Author: Dipak Misra,Chief Justice
05
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 672/2010
MALVIKA KAUL ..... Petitioner
Through Mr. K.K. Rai, Sr. Adv. with Mr.
S.K. Pandey, Adv.
versus
GOVT.OF NCT OF DELHI ..... Respondent
Through Mr. Najmi Waziri, Standing
Counsel.
Mr. Ajay Verma, Adv. for
DDA.
Mr. Sumeet Pushkarna, Adv. for
DJB.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
% 19.01.2011
In this Public Interest Litigation, the petitioner has prayed for
following reliefs:-
" (a) direct the Government of NCT of Delhi to
come up with a well defined plan that clearly spells
out the steps for the restoration and preservation of
the Neela Hauz situated along the Aruna Asaf Ali
Marg with a firm budgetary allocation;
(b) direct the respondents to take immediate
measures to restore and preserve the Neela Hauz;
(c) direct the Delhi Jal Board to stop pollution
of the water mass of Neela Hauz by sewage water;
(d) pass any other order that is deemed fit and
proper under the facts and circumstances of the case.
2. It is submitted by Mr. Najmi Waziri, learned standing counsel
for the GNCTD that the grievances made in the writ petition has
almost been mitigated. The same is controverted by Mr. K.K. Rai,
learned senior counsel for the petitioner.
3. As far as the first grievance is concerned, the same relates to
restoration and preservation of the Neela Hauz situated along the
Aruna Asaf Ali Marg. It is submitted by Mr. Ajay Verma, learned
counsel for the DDA that it is the duty of the DDA to restore and
preserve Neela Hauz but the same has been taken over by PWD.
Unless the area of Neela Hauz is been handed over and an amount for
restoration is paid to the DDA, it will be difficult on its part to do so.
Mr. Najmi Waziri, learned Standing Counsel for PWD has submitted
that the area of Neela Hauz shall be handed over, if not already handed
over, within four weeks from today. The amount, that would be
required to be spent, shall be made available by the GNCTD. Be it
noted, the prayer No. (b) is inherently covered by prayer No.(a). Thus,
the directions given hereinabove shall apply to it in full force. As far as
the third prayer is concerned, it relates to pollution of Neela Hauz by
sewage water. Mr. Sumeet Pushkarna, learned counsel for Delhi Jal
Board submitted that no sewage water of Delhi Jal Board is entering
into Neela Hauz. Quite apart from the said statement, Mr. Pushkarna,
learned has invited out attention to paragraph 6 of the affidavit of
Delhi Jal Board, which reads as follows:-
"6. That on the basis of survey of the site and
response given by the above said bodies, a repair
work was carried out by the officials of the
answering respondent. It was observed that there
were two RCC lines (One old & one new) emanating
from the distribution chamber out side the boundary
wall of the STP Vasant Kunj. It was found/noted that
the old RCC/NP-II line is 600 mm dia and the new
line is 450 dia. Both the above lines carry treated
effluents. The new line is mainly carrying treated
effluents to Sanjay Van from the STP Plant. The old
RCC lines of 600 mm dia is not in use at present but
was found leaking at its first man hole situated near
the distribution chamber which is with the premises
of IUAC Center. The man hole leakage on old lines
has been removed by plugging the man hole on
17.2.2010 and as such there is no leakage in the old
line. It is most respectfully submitted that there is no
leakage at present from any DJB lines or discharge
or sewage in to the Neela Hauz water body from the
any lines being maintained by the DJB. It is further
most respectfully submitted that the further remedial
action to discard the old line in order to remove the
possibility of any problem in future thus at present
there is no problem which can be attributed to the
DJB."
4. Be that at it may, without getting into niceties of the same we
command all the authorities to work in harmony and to stop pollution
and maintain Neela Hauz in an appropriate manner.
5. Before parting with the case, we are inclined to grant liberty to
the petitioner, in case in future the directions given in the order are not
complied with by the respondents, it is open to him to file a fresh
Public Interest Litigation. However, we hope and trust the respondents
shall not create any kind of situation by which the petitioner would be
compelled to visit this Court again. The aforesaid directions shall be
complied with by end of May, 2011 positively. The writ petition and
all pending applications are disposed of
Order dasti.
CHIEF JUSTICE
SANJIV KHANNA, J.
JANUARY 19, 2011
NA
