Delhi High Court
Ravinder Yadav vs Govt. Of Nct Of Delhi & Ors. on 9 December, 2020
$~37.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 9th December, 2020
+ W.P.(C) 8009/2020
RAVINDER YADAV ..... Petitioner
Through: Petitioner in person.
Versus
GOVT. OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr.Jawahar Raja, ASC with
Mr.Archit Krishna, Adv. for GNCTD.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
: D.N.PATEL, Chief Justice (Oral)
Proceedings in the matter have been conducted through video
conferencing.
1. This public interest litigation has been preferred for the following
reliefs:
"1) Direct the respondents to reconstruct all drains in
Najafgarh by taking level of floor/bed of drains with high
capacity within a specific time.
2) Direct the respondents to make ensure proper flow of
water and to connect the road side drains to main drain.
3) Direct to make the audit of amount spent in the name of
cleaning, construction of drains in Najafgarh by PWD in
last 8 years.
4) Direct the respondents not to construct the drains higher
than road surface.
5) To take stringent action against respondent no.-3 for
filing false/misleading affidavits/report/ATR in WPC-
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:14.12.2020
20:14:56
4292/2017(Annexure P-8) and CONS. CAS(C)-342/2020
(Annexure P-25) before this Hon'ble court.
6) To take appropriate action against respondents for not
comply with the interim orders dated-
22.05.2017(Annexure P-5) and 18.12.2018 (Annexure P-
13) passed in WPC-4292/2017.
7) Orders for an enquiry for dismantle of Metro site at
Khaira mor, Najafgarh due to heavy water logging at
metro site on 22.07.2020(Annexure P-27) and
13.08.2020 (Annexure P-28) which cause heavy
pecuniary loss of Rs. 50 Crore and public inconvenience.
8) Award any other relief Hon'ble High Court want deemed
fit in the circumstances of the case."
2. We have issued notice in this writ petition and the counter affidavit
has been filed by respondents No. 1 to 3.
3. Having perused the counter affidavit filed by respondents No.1 to 3, it
appears that several steps have been taken by the respondents, which are
enumerated in paragraph 3, 4, 5, 17, 25 & 26 of the counter affidavit filed by
respondents No.1 to 3, which read as under:
"3. That it is submitted that the answering Respondent is
sincerely and tirelessly working to solve the problem of
water logging in Najafgarh area by modifying the
existing drains, constructing new drains and road such
as raising of road at Ekta Vihar/Jharoad road and
construction of 5.0 KM missing drain, laying of 600 mm
dia 5.5 km DI pipeline from Mitroan sump to Samaspur
drain, construction of missing drain at Dhansa road,
Laying of 500 mm dia 2.8 KM DI pipeline from Dhansa
stand pump house to Mungeshpur drain, laying of 500
mm dia 2.1 KM DI pipeline from Najafgarh stand sump
to Mungeshpur drain, construction of 2.2 KM missing
drain at Dichaon road.
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:14.12.2020
20:14:56
4. That it is further submitted that the respondent is
constructing the drains in Najafgarh by considering the
level of the roads and following standard procedure and
guidelines for construction of drains.
5. That the road side drains are connected to main drain
that is why 24x7 flow of rain water/sewerage in these
drains does not stagnate and flows freely. Part of this
sewerage is collected in the sumps and is pumped into
the drains.
xxxx xxxx xxxx
17. That the contents of the para 12 of the writ petition are
admitted to the extent that they are a matter of public
record. It is submitted that the order of Hon'ble High
Court in WP(C) No. 4292/2017 dated 22.05.2017 was
followed in its letter and spirit and the drains are being
cleaned throughout the year being perennial drains.
xxxx xxxx xxxx
25. That the contents of para 20 of the writ petition are false
and frivolous and hence, wrong and denied. It is
submitted that in compliance of order dated 18.12.2018
of Hon'ble High Court inter departmental meetings were
held. In one of such meetings in the office of Deputy
Commissioner (SDMC) on 28.03.2019 programme for
removal of water logging in Najafgarh area was chalked
out as under:
Drain cleaning/desilting to be done on regular basis on
Khaira Roads.
Temporary encroachment like parking of vehicles at road
and dumping construction materials shall be removed
with the help of MCD/Police. Necessary complaints to
be made in STF to remove the encroachment.
Regular challan to be given to individual and copy of
challan may be attached in affidavit in the court on next
hearing 05.08.2019.
In the meeting after discussion, it was directed to
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:14.12.2020
20:14:56
construct pucca drain with fully covered and opening
chambers to avoid any unauthorised dumping of malba
in drain/dumping of building material on drain.
26. That the contents of the para 21 of the writ petition are
false and frivolous and hence, wrong and denied. It is
submitted that in compliance of order dt.18.12.2018 Of
Hon'ble High Court of Delhi inter departmental
meetings were held. In one of such meetings in the office
of Deputy Commissioner (SDMC) on 28.03.2019
programme for removal of water logging in Najafgarh
area was chalked out as under:
Drain cleaning /desilting to be done on regular basis
on Khaira Roads.
Temporary encroachment like parking of vehicles at
road and dumping construction materials shall be
removed with the help of MCD/Police. Necessary
complaints to be made in STF to remove the
encroachment.
Regular challan to be given to individual and copy of
challan may be attached in affidavit in the court on
next hearing 05.08.2019.
In the meeting after discussion, it was directed to
construct pucca drain with fully covered and opening
chambers to avoid any unauthorised dumping of
malba in drain/dumping of building material on
drain."
4. In view of the aforesaid steps taken by the respondents, particularly,
the steps regarding laying down of the pipelines, construction of the
drainage, raising the road and laying down of the pipeline of the diameter as
stated hereinabove, and also looking into the construction of the missing
drain etc., we see no reason to further monitor this case.
5. The steps taken by the respondent authorities have been mentioned at
length and in detail in the counter affidavit, with all technical details. It is
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:14.12.2020
20:14:56
expected from the respondent authorities that they will complete the pending
work, if any, and continue to clean the drains as stated by them in the
counter affidavit. The work already completed by them should be
maintained properly so that no water logging etc. takes place in the area in
question as referred to in the memo of this writ petition.
6. With these observations, this writ petition is hereby disposed of.
CHIEF JUSTICE
PRATEEK JALAN, J
DECEMBER 09, 2020
'hkaur'
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:14.12.2020
20:14:56
