Delhi High Court
Lt. Col. B.B. Sharan (Retd) vs Mcd And Anr. on 30 October, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 30.10.2017
+ W.P.(C) 1758/2005
LT. COL. B.B. SHARAN (RETD) ..... Petitioner
Through : Petitioner in person.
versus
MCD AND ANR. ..... Respondents
Through : Sh. Anil Grover, Standing Counsel with Ms.
Kanika Singh, ASC; Ms. Mishal Vij, Sh. Rishi Vohra and
Sh. Jitender. K. Tripathi, Advocates, for NDMC.
Sh. Tarveen Singh Nanda and Sh. Rahul Singhal,
Advocates, for DCB.
Sh. Satyakam, ASC with Sh. Akshay Agarwal,
Advocates, for GNCTD.
Ms. Sakshi Popli, Advocate, for DJB.
Sh. Rajan Tyagi, Advocate, for EDMC.
Sh. Bhagvan. S. Shukla, CGSC with Sh. Shambhu
Chaturvedi, Advocates, for UOI.
Sh. Rajeev Bansal, Sr. Advocate with Sh. Shlok Chandra
and Sh. Ritesh Kumar Sharma, Advocates, for DDA.
Sh. Harshit Bansal, Legal Assistant, DSIIDC.
+ W.P.(C) 1783/2014, C.M. APPL.19009-10/2015
EBBANI AGGARWAL AND ANR. ..... Petitioners
Through : Petitioner in person.
versus
SDMC AND ANR. ..... Respondents
Through : Sh. Rajiv Bansal, Sr. Advocate with Sh. Shlok
Chandra, Ms. Vasudha Trivedi and Ms. Kanika Singhal,
Advocates, for DDA.
Sh. Ajay Arora, Advocate, for SDMC.
Sh. Anuj Aggarwal, ASC with Inspector Kusum Lata and
SI Bijender and ASI Hariom.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE SUNIL GAUR
MR. JUSTICE S. RAVINDRA BHAT
%
1. These two petitions were preferred in public interest at different points
in time. Col. B.B. Sharan filed W.P.(C) 1758/2005 initially, focusing on the
functioning jurisdiction of Magistrates appointed by this Court to ensure that
there is no littering; he also sought reliefs of a general nature to ensure the
proper functioning of Inspectors/Assistant Sanitary Inspectors of the areas,
and the legal action to be taken against sanitation staff, including Inspectors.
This petition was listed about 79 times, during the last 12 years and various
directions issued. During the course of the proceedings, the Court took note-
at different times, the problems of the city, focused on abysmal unsanitary
and hygiene conditions, clogging of public (and notified drains), the role of
civic authorities towards de-silting drains at regular intervals, etc. In recent
times, the Court has through various orders, attempted to ensure that
significant de-silting of drains, their proper maintenance to ensure
cleanliness of environs and also hygiene in the city.
2. The Court has taken cognizance of deaths, which occurred, due to
manual scavenging and is currently monitoring the process of
implementation of the provisions of the Prohibition of Employment as
Manual Scavengers and their Rehabilitation Act, 2013, in the previous
public interest litigations of Ashok Agarwal v. Union of India & Ors
[W.P.(C) 841/1998] and National Campaign for Dignity and Rights of
Sewerage Workers [W.P.(C) 5232/2007]. Those proceedings too, are listed
on 8th November 2017. This Court is of opinion that though the issues
concerning those proceedings are specific to the obligation of the State to
eliminate the practice of manual scavenging, there is an overlap between that
petition and Col. Sharan's writ petition.
3. This Court has further been made aware of directions made by the
National Green Tribunal (NGT) in OA No. 6/2012 (Manoj Mishra v Union
of India), where elaborate and detailed directions were issued concerning the
cleaning of river Yamuna, especially the steps to be taken to prevent
construction activities near drains, in Delhi, to avoid discharge of effluents,
leading to river contamination, removal of constructions that abut drains,
unauthorized activities on flood plains, etc. Those directions are being
monitored by further orders and proceedings by the NGT from time to time.
4. In the second proceeding, Ebbani Agarwal v. South Delhi Municipal
Corporation [W.P.(C) 1783/2014], the public interest litigant is seeking
general directions to ensure a clean, healthy and safe environment in
Dwarka; the nature of directions issued in that petition include construction
of proper and adequate garbage bins, their timely collection and disposal,
monitoring the proper repair of pavements, etc. Some issues, such as garbage
collection and disposal, and the need to monitor them are common to Col.
Sharan's petition.
5. Having regard to these facts, the Court is of opinion that for proper
assistance during the proceedings, it is necessary to consider the issues in a
complete and wholesome manner; at the same time, it is essential that the
civic and local agencies' efforts are not multiplied and duplicated (not only
on account of the orders of this Court, but also on previous orders made by
the NGT and the progress reported in their implementation).
6. In this view of the matter, the Court hereby appoints Mr. A.J.
Bhambhani, learned senior counsel, to assist in the two proceedings
[W.P.(C) 1758/2005 and W.P.(C) 1783/2014] as amicus curiae. The Court
also nominates Ms. Richa Kapoor, learned counsel, who was appointed as
Local Commissioner to assist Mr. A.J. Bhambhani, as amicus curiae. The
Registry is directed to ensure that copies of entire records in both writ
petitions are furnished to both the learned amicus curiae, in electronic form
as well as in hard copy format, so that they are acquainted with the issues.
The public interest litigants are also required to co-operate and assist the
amici so that proceedings can be conducted in an orderly and sequential
manner; they may provide such summaries of issues and the previous orders,
as they think are relevant for these proceedings. For facility and
convenience, the Registrar General of the NGT is also requested to provide
copies of the orders in OA 6/2012 and the status reports filed before the
Tribunal, from time to time, pursuant to the order dated 13 th January 2015.
7. These petitions are directed to be listed for further proceedings, on 8th
November, 2017. Copy of this order shall be provided dasti under signatures
of Court Master to the petitioners; learned counsel for parties and the two
amici appointed by this order.
S. RAVINDRA BHAT
(JUDGE)
SUNIL GAUR
(JUDGE)
OCTOBER 30, 2017
