Delhi High Court
Ct. Dashrath And Ors vs Commissioner Of Police & Ors on 16 November, 2016
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7376/2013 & CM APPL. 15838/2013, 22297/2015
CT. DASHRATH AND ORS ..... Petitioners
Through Mr. Balendu Shekhar, Advocate
versus
COMMISSIONER OF POLICE & ORS ..... Respondents
Through Mr. Anuj Aggarwal, ASC (Civil),
GNCTD with Mr. Deboshree
Mukherjee, Advocate for Delhi
Police/R-1 & 2.
Mr. Pawan Mathur, Standing Counsel
for DDA/R-3.
Mr. Peeyoosh Kalra, ASC (Civil),
GNCTD with Ms. Sona Babbar,
Advocate for PWD/R-4.
% Date of Decision: 16th November, 2016
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
JUDGMENT
MANMOHAN, J: (Oral)
1. The present writ petition had been filed raising a grievance that flats
given to Delhi Police officials at Dwarka, Sector-13, Phase-I and Phase-II,
New Delhi in Type B(II) were dilapidated.
2. On 6th May, 2014, this Court had passed a detailed order. The
relevant portion of the said order is reproduced hereinbelow:-
"Learned counsel for petitioner refers to the photographs
on record to submit that there is imminent danger of life to the
occupants of the building. In fact, it is stated that petitioner
No.1 was also injured on account of collapse of part of the roof.
On the other hand, learned counsel for respondents No.1, 2 and
4 draws this Court's attention to an Office Order passed by the
Commissioner of Police fixing the annual ceiling of expenditure
on the works of addition and alteration to be carried out.
This Court is prima facie of the view that if the Delhi
Police officials are provided dilapidated accommodation, they
would not be able to discharge their duties efficiently and
effectively. In the opinion of this Court, the State owes a duty to
provide reasonable, safe and secure accommodation to its
officials.
This Court is further of the opinion that ceiling of
expenditure on works of addition and alteration dehors the
condition of the property is arbitrary and unreasonable. If a
property requires extensive repair and renovation, the
respondents cannot take the stand that they would not spend
more than the ceiling amount.
This Court is also prima facie of the view that even if
there is some corruption in carrying out repairs as suggested by
the Memorandum fixing ceiling, then methods must be found to
control corruption. But no Government can take the stand that
it will cease to function or carry out any activity because its
activities lead to corruption.
Since no counter affidavit is on record despite issuance of
notice on 25th November, 2013, this Court directs formation of
the Committee comprising one representative each to be
nominated by the Secretary, PWD, Delhi, Commissioner of
Delhi Police, Commissioner South Delhi Municipal
Corporation, CEO, Delhi Jal Board and Vice Chairman, Delhi
Development Authority.
The Committee shall be headed by the officer nominated
by the Commissioner of Police. Consequently, the
Commissioner of Delhi Police is directed to appoint a relatively
senior officer to the Committee."
3. On 4th March, 2016, learned senior counsel for respondent no. 1-
Commissioner of Police had stated that repair and renovation work in all but
one quarter had been carried out. Consequently, this Court on the said date
directed a multidisciplinary Committee to visit the premises in question and
furnish a report.
4. In pursuance to the order dated 4th March, 2016 an inspection has
been carried out by a Committee headed by Joint Commissioner of
Police/Planning & Implementation, Delhi.
5. Today in Court, a photocopy of the inspection report dated 21st April,
2016 has been handed over, which is taken on record. The said report is
reproduced as under:-
"In pursuance of order of Hon'ble High Court of Delhi in c/w
WP(C) 7376/2014-Ct. Dashrath and Ors. Vs. Commissioner of
Police & Ors., a Committee was constituted under the
Chairmanship of Joint Commissioner of Police/Planning &
Implementation, Delhi. The Hon'ble High Court had ordered on
06.05.2014 for the formation of a Committee comprising one
representative each to be nominated by the Secretary PWD, Delhi,
Commissioner of Delhi Police, Commissioner South Delhi
Municipal Corporation, CEO, Delhi Jal Board and Vice Chairman,
Delhi Development Authority.
In compliance of orders dated 4.3.2016 of Hon'ble Mr. Justice
Manmohan, High Court of Delhi at New Delhi, a meeting notice
was issued vide PHQ's letter No. 4270-77/ L&B Cell/PHQ (DA-V)
dated 13.4.2016 requested the Commissioner, South Delhi
Municipal Corporation, CEO, Delhi Jal Board, Dy. Director
(Planning), DDA, Executive Engineer, PWD, Executive Engineer
(Elect.) PWD that the Committee will visit at Police Colony, Sec. 13
Dwarka on 18.04.2016 at 5.00 PM. The Committee is comprised of
one representative of each department mentioned above.
Accordingly, the Committee headed by Jt. Commissioner of Police,
Planning & Implementation, Delhi nominated by the Commissioner
of Police alongwith the following representatives of PWD, DDA,
SDMC, DJB and the local residents visited/ inspected the site:-
1. Sh. Manish Kumar Gupta, EE (E) South West, PWD.
2. Sh. A.K. Tyagi, AE (E) South West, Sub Div. I, PWD.
3. Sh. Pankaj Kumar, JE (E) South West SD-2, PWD.
4. Sh. B.K. Garg, EE Civil, PWD.
5. Sh. V.R. Mishra, AE Civil SWBMD, PWD.
6. Sh. Rajender Meena, JE Civil, PWD.
7. Sh. S.P. Singh, AE Civil, WD 15, DDA.
8. Ms. Kakoli Haiti, Dy. Dir. Plg. DDA.
9. Sh. Devender Singh, JE, DJB.
10. Sh. V.K. Gupta, AE, SDMC.
During the visit/inspection, Jt. Commissioner of Police/Planning
& Implementation, asked PWD officials (civil & electrical), Delhi
Jal Board, South Delhi Municipal Corporation and Delhi
Development Authority about the progress of repair/maintenance
works carried out in Police Colony at Sector 13, Dwarka (Phase-1
& II), Delhi. They informed that all the works have been carried
out.
Further Jt. Commissioner of Police/Planning & Implementation
asked from the residents present during site visit about the progress
of repair/maintenance works. The following residents of Police
quarters, who were present put forth their views about the latest
position of works carried out by PWD:-
1. Cont. Mahesh No. 108631/ PCR, R/o. Qtr. No. 321, Sec. 13,
Dwarka stated that due to dampness in his quarter, the whitewash
is eroded from many places. Sh. V.K. Garg, EE Civil, PWD and Sh.
S.P. Singh AE, DDA informed that this problem has arisen due to
the salty water in the whole area of Dwarka. Jt. Commissioner of
Police/ Planning & Implementation directed Sh. V.K. Garg, EE
Civil, PWD to do the needful.
2. HC Dvr. Dashrath, No. 2171/ South West R/o quarter No.
336, Sec. 13, Dwarka, the petitioner informed that the
repair/maintenance works have been carried out by PWD in his
quarter is satisfactory. However, proper slope is not provided
between verandah and bathroom. Jt. Commissioner of
Police/Planning & Implementation directed Sh. V.K. Garg, EE
Civil, PWD to do the needful.
3. SI Balbeer Meena, R/O quarter No. 220, Sec. 13, Dwarka
informed that the jungla has not been installed in the window by
PWD Sh. V.K. Garg, EE Civil, PWD informed that the allottee has
done unauthorized construction in the quarter. Therefore, window
of size 1.35 x 1.35 mtrs cannot be fixed in unauthorized
construction.
4. ASI Mohinder No. 3223/South West, R/o quarter No. 201
informed that proper slope is not provided between verandah and
bathroom, Jt. Commissioner of Police/ Planning & Implementation
directed Sh. V.K. Garg, EE Civil, PWD to do the needful.
5. Const. Davinder Kumar No. 506/South West, R/o quarter
No. 290 Sec. 13, Dwarka informed that there are holes in the fiber
shed. Jt. Commissioner of Police/ Planning & Implementation
directed Sh. V.K. Garg, EE Civil, PWD to do the needful.
6. MTS Prem Singh R/o quarter No. 344 Sec. 13, Dwarka
informed that the chajjas on door and window should be installed
in his quarter. Sh. V.K. Garg, EE Civil, PWD stated that the
chajjas could not be installed/ provided due to unauthorized
construction.
7. HC Naresh No. 337/ South West R/o quarter No. 320 Sec.
13, Dwarka informed that one coat of whitewash has been done in
his quarter and second coat whitewash should be done. Jt.
Commissioner of Police/ Planning & Implementation directed Sh.
V.K. Garg, EE Civil, PWD to do the needful.
During the visit/inspection some of the allottees have explained
their grievances i.e. sun shed on the window/ doors should be
provided to protect rainy water and their dampness in most of the
quarters. Jt. Commissioner of Police/ Planning & Implementation
directed Sh. V.K. Garg, EE Civil, PWD that only those
shortcomings may be removed which are required as per the
requirement of plans of DDA. No work should be carried out in the
unauthorized construction done by the allottee. Sh. V.K. Garg, EE
Civil, PWD assured to remove the shortcomings as pointed out.
It is pertinent to mention here that the directions given by the
Hon'ble Court on 6th May, 2014 have been fully complied with.
Jt. Commissioner of Police/ Planning & Implementation directed
all officials concern to attend the Hon'ble Delhi High Court on
26.04.2016 at 10 A.M.
(G.S. Awana),
DY. COMMISSIONER OF POLICE,
LAND & BUILDING CELL : PHQ"
6. In view of the aforesaid report, this Court is of the opinion that the
directions given by it on 6th May, 2014 have been complied with.
Consequently, present writ petition and pending applications are disposed of
as satisfied.
7. In the event petitioners have any grievance in future with regard to the
maintenance of the quarters at Sector 13, Phase-I and Phase-II, Dwarka,
New Delhi, they are given liberty to approach Junior Engineer (Civil)
(Personal), Mob. 9718808079, Office of the Assistant Engineer, IIT
Campus, Sector 9, Dwarka, PWD Service Centre, Govt. of NCT of Delhi,
who is directed to take action in accordance with law.
MANMOHAN, J
NOVEMBER 16, 2016
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