Mohammed Jafar & Ors. vs Delhi Development Authority & ...
2013 Latest Caselaw 5004 Del

*          IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                 Judgment Reserved on: October 23, 2013
                                 Judgment Delivered on: October 30, 2013

+                                   W.P.(C) 2784/2013
           MOHAMMED JAFAR & ORS.              ..... Petitioners
                  Represented by: Mr.Imtiaz Ahmad, Advocate with
                                  Ms.Bushra Faridi, Advocate
                                  versus
           DELHI DEVELOPMENT AUTHORITY
           & ORS.                               ..... Respondents
                    Represented by: Ms.Meenal Kashyap, Advocate
                                    with Mr.Rajiv Bansal, Advocate
                                    for R-1
                                    Mr.M.K.Mishra, Advocate for R-4
                                    Mr.Sumeet Pushkarna, Advocate
                                    with Mr.Gaurav Sharma, Advocate
                                    for R-5
                                    Mr.B.Mahapatra, Advocate for R-7

CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MR. JUSTICE V.KAMESWAR RAO

PRADEEP NANDRAJOG, J.

1. The writ petition raises a concern of sewage being discharged into Najafgarh drain, in which rain water has to flow from the catchment area to river Yamuna. The petition brings out the problem of sewage flowing in Najafgarh drain in the form of release of Methane Gas and Sulphur Dioxide creating health hazard for people in neighbourhood. The residents of Dwarka, an area through which the drain flows, have filed the writ petition.

2. On October 23, 2013 we had passed the following order:-

"1. Arguments have been heard.

2. Bench comprising Hon'ble the Chief Justice and Pradeep Nandrajog, J. had heard extensive arguments on the subject of storm water drains, sewage system and related civil problems. Matter currently awaits adjudication. The issue raised in the instant petition will also be reflected upon by this Bench.

3. Reserved for orders."

3. On the subject of sewage, flowing through drains in Delhi, which were intended to carry rain water to river Yamuna, a Bench comprising Hon'ble the Chief Justice and Pradeep Nandrajog, J., as recorded in the order dated October 23, 2013 has pronounced a decision in W.P.(C) No.8683/2011 on October 29, 2013, in which extensive guidelines have been led.

4. Since the issue is being further monitored by this Court in W.P.(C) No.5368/2012, we terminate proceedings in this writ petition observing that it would be open to the petitioners to intervene in W.P.(C) No.5368/2012, should they so desire.

5. Petition stands disposed of.

6. No costs.

(PRADEEP NANDRAJOG) JUDGE

(V.KAMESWAR RAO) JUDGE OCTOBER 30, 2013/mamta