Delhi High Court
Refrigerated Water Licensees ... vs East Delhi Municipal Corporation ... on 25 September, 2018
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision:25.09.2018
+ W.P.(C) 6698/2017
REFRIGERATED WATER LICENSEES ASSOCIATION
..... Petitioner
Through: Mr. Aly Mirza, Adv.
versus
EAST DELHI MUNICIPAL CORPORATION OF DELHI
AND ORS ..... Respondents
Through: Ms. Jaikriti S. Jadeja, Adv. for
EDMC/R-1
Ms. Namrata Mukim, Adv. for North DMC/R-2
Mr. Sanjeev Sabharwal, Standing Counsel with
Mr. Hem Kumar & Mr. Pritish Sabharwal, Advs.
for SDMC
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE V. KAMESWAR RAO
RAJENDRA MENON, CHIEF JUSTICE (ORAL)
1. This petition in public interest was filed with the following payers:
"A. A Writ/Order/Direction in the nature of Certiorari or any
other appropriate Writ(S) Order(S) And Direction(S) thereby
Quashing the Circular/Office order dated 16.6.2017 and all
action taken pursuant thereto by the respondent No.1.
B. A Writ/Order/Direction in the nature of Prohibition or
any other appropriate writ(s) order(s) and direction(s) thereby
prohibiting the respondents from granting licence for
distribution of refigerated cold water till such time a
comprehensive policy with respect to water plants and
distribution of refrigerated cold water is framed.
C. A Writ/Order/Direction in the nature of mandamus
directing the respondents to frame a uniform policy with
respect to water plants and distribution of refrigerated cold
water."
2. As far as the prayers B and C made by the petitioner in the instant
writ petition are concerned, due to the subsequent developments, the same
have been rendered infructuous as the Tender Notice issued by the South
Delhi Municipal Corporation (SDMC) (Annexure P-9) dated 14.07.2017 has
been subsequently withdrawn by the competent authority. In this regard a
photocopy of the RTI reply dated 01.05.2018 is placed before us for
reference. The same is taken on record.
3. In view of the above, challenge to Annexure P-9, i.e. tender issued by
SDMC on 14.07.2017, is now rendered infructuous.
4. So far as prayer A is concerned, we are informed that the question of
formulating a policy for grant of licence to water cooling plants and
installation of water trolleys/ATMs is pending consideration before the
single Bench of this Court in W.P.(C) 1242/2017 and on petitioner's own
showing that he has filed an application for impleadment in the said writ
petition challenging the very same policy dated 16.06.2017 and has made a
prayer that he would be impleaded and permitted to assail the policy in the
said writ petition.
5. Considering the fact that the matter is pending consideration before
Single Bench of this Court in the aforesaid writ petition being W.P.(C)
1242/2017, we grant liberty to the petitioner to intervene in the same and
canvass all grounds as made in this petition.
6. Accordingly, so far as challenge to the order dated 16.06.2017 passed
by the EDMC is concerned, this writ petition stands disposed of with liberty
to the petitioner as indicated hereinabove.
CM No.27903/2017 (interim relief)
In view of the order passed in the writ petition, no order is required to
be passed in this application.
Accordingly, the application stands disposed of being infructuous.
CHIEF JUSTICE
V. KAMESWAR RAO, J
SEPTEMBER 25, 2018/ns
