Delhi High Court
Raj Kumar Banerjee & Ors vs Union Of India & Ors on 9 December, 2019
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 09.12.2019
+ W.P.(C) 11418/2018
RAJ KUMAR BANERJEE & ORS ..... Petitioners
Through: Mr. Deepak Kumar, proxy counsel for
Mr. Vinod Pant, Adv.
versus
UNION OF INDIA & ORS ..... Respondents
Through: Mr. Anil Soni, CGSC for R-1/UOI.
Mr. Arjun Pant, Adv. for R-2/DDA.
Mr. A.K. Pandey & Mr. Amit Kumar
Sharma, Advs. for R-4 & 5.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
D.N. PATEL, CHIEF JUSTICE (Oral)
1. When the matter is called out, counsel appearing for the petitioners
submitted that the arguing counsel is not available.
2. We have heard learned counsels appearing for the respondents.
3. This Public Interest Litigation has been preferred with the following
prayers:-
"A. Issue an appropriate Writ, Order or Direction, to
respondent DDA to immediately take steps to cover the open
sewer line to improve the environment near the portion of drain
flowing near Sector 3, Pocket-16, Dwarka, New Delhi-78
and/or close down all openings from which human waste,
excreta and garbage is flowing in the portion of drain near the
society and also to arrange for proper drainage system for
adjoining colonies like Rajapuri, Madhu Vihar etc so that
waste, of the colonies do not flow before Sector-3, Pocket-16,
Dwarka, New Delhi-78 society.
B. Issue an appropriate Writ, Order or Direction, to respondent
SDMC to immediately take steps to beautify surroundings of
drain adjacent to Sector-3, Pocket-16, Dwarka, New Delhi-78
by planting quality trees and to remove all garbage lying on the
banks of the drain and to clean the area Or, allow RWA of
sector-3, pocket-16, to maintain the patch and control the
garbage disposal.
C. Issue an appropriate Writ, Order or Direction, to respondent
Irrigation &Flood control department to immediately take steps
to stop discharge of human waste, garbage on the floor of the
drain portion adjacent to Sector 3, Pocket-16, Dwarka, New
Delhi and do deep de-silting.
D. Issue an appropriate Writ, Order or Direction, to
respondent DDA/SDMC to investigate into the funds used in
last 5 years in name of various projects and tasks undertaken
for the drain portion adjacent to Sector 3, Pocket-16, Dwarka,
New Delhi and result thereof and submit its findings to this
Hon'ble court.
E. Issue an appropriate Writ, Order or Direction, to respondent
DDA/SDMC/ Irrigation & Flood control department/Ministry
of Environment through Union of India & NCT of Delhi to send
their senior officials to meet the residents of SECTOR 3,
Pocket-16, Dwarka, New Delhi to understand their problems
and environmental issues as raised by them through this
petition.
F. Pass any other and further orders as this Hon'ble Court may
deem fit and proper under the facts and circumstances of this
case."
4. Looking to the facts and circumstances of the case, it appears that this
petitioner is in search of directions from this Court to the respondents to
cover the open sewer line to improve the environment of nearby area
adjacent to drain flowing near Sector 3, Pocket-16, Dwarka, New Delhi-78,
and to provide proper drainage system for adjoining colonies.
5. Learned counsel appearing for the petitioners submitted that let this
petition be treated as a representation and suitable direction be given to the
respondents to decide the same.
6. In view of this limited submission and also looking to the nature of
the prayers of this petitioner about covering of the sewer line, provision of
proper drainage system and for beautification of the surroundings of drain
adjacent to Sector-3, Pocket-16, Dwarka, New Delhi-78 by planting quality
trees and such other prayers, we hereby direct the respondent No.4 to treat
this petition as a representation and decide the same in accordance with law,
rules, regulations and Government policy applicable to the facts of the case
and also keeping in mind the order passed by the National Green Tribunal
dated 26.07.2016, which is referred as Annexure R/1 in the counter-affidavit
filed by the respondent No.4 in this writ petition. Similarly, the respondent
No.4, while taking the decision in the matter, will also keep in mind the
circular issued by the Lieutenant Governor of Delhi dated 09.02.2010 which
is referred as Annexure R/2 in the counter-affidavit filed by them.
7. With these observations, this writ petition is hereby disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J
DECEMBER 09, 2019
kks
