Delhi High Court
Kharak Singh Negi vs Govt. Of Nct Of Delhi & Ors on 18 October, 2019
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 18th October, 2019
+ W.P.(C) 6609/2017
KHARAK SINGH NEGI ..... Petitioner
Through: Mr. Md. Niyazudin, Adv.
versus
GOVT. OF NCT OF DELHI & ORS ..... Respondents
Through: Mr. Sumeet Pushkarna, Standing
Counsel with Mr. Devanshu Lahiry, Adv. along
with Mr. S.P. Arora for R-2
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
D.N. PATEL, CHIEF JUSTICE (ORAL)
1. This writ petition has been preferred as a Public Interest Litigation
with the following prayers:
"a) That this Hon'ble Court be pleased to issue a Writ of
Mandamus or any other appropriate writ, directing
respondent No.l and 2 to supply water through pipes to the
Area Sangam Vihar, Block-G, Block-K2, BIock-L, Block-L/1,
Block-L/2, Block-M, Block-M/1, Block-M/2, Church Colony,
Harijan Basti situated near Bandh Road, Sangam Vihar, New
Delhi;
b) pass such other and further reliefs as the nature and
circumstances of the case may require;"
2. Counsel appearing for the petitioner submitted that to the public at
large, who are residing at the place as mentioned in the aforesaid prayer
clause, the water may be supplied through pipelines. It is further submitted
by counsel for the petitioner that other type of development works like the
establishment of a school, Government dispensary etc. have been done by
the respondents and therefore a suitable direction be given to the
respondents to arrange water supply through pipelines to the residents of the
area in question.
3. Counsel appearing for respondent No.2 submitted that the area in
question partly belongs to forest land and hence the respondents are slightly
slow in developing this area because of awaiting 'No Objection Certificate'
from the Forest Department and the Archaeological Survey of India.
4. In view of the aforesaid limited submissions and also looking to the
facts and circumstances of the case, it appears that a school and a
Government dispensary have already been constructed by the respondent
No.1 in the area in question. Thus, the development process is already
going on at the behest of the respondent No.1 at the place mentioned in the
aforesaid prayer clause. We, therefore, direct the respondents to arrange
supply of water through pipelines to the residents residing at Sangam Vihar
area, New Delhi in accordance with law, rules, regulations and Government
policy applicable to the facts of the present case as early as possible and
practicable. But if any person is residing within the forest area, all care
should be taken by the respondent to provide water to him/her in accordance
with law, rules, regulations and Government policy applicable to the facts of
the present case.
5. With these observations, this writ petition is disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J
OCTOBER 18, 2019
ns
