Delhi High Court
Bibhuti Bhushan Mishra & Anr. vs Delhi Urban Shelter Improvement ... on 27 February, 2020
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 27th February, 2020
+ W.P.(C) 7850/2018
BIBHUTI BHUSHAN MISHRA & ANR. ..... Petitioners
Through: None
versus
DELHI URBAN SHELTER IMPROVEMENT BOARD AND ORS.
..... Respondents
Through: Ms. Mini Pushkarna, Standing
Counsel-Delhi Urban Shelter Improvement Board
with Ms. Swagata Bhuyan, Ms. Khushboo Nahar
and ms. Latika Malhotra, Advs. for R-1/DUSIB
Ms. Urvi Kapoor for Mr. Sameer Vashisht, Addl.
Standing Counsel(Civil)-GNCTD
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 27.02.2020
D.N. PATEL, CHIEF JUSTICE (ORAL)
W.P.(C) 7850/2018
1. When the matter is called out, nobody appears for the petitioner.
2. This Public Interest Litigation has been preferred with the following
prayers :
"(A) Issue a writ of mandamus or any other writ directing
the respondents to ensure that the poor people are provided
Community toilet blocks as per the Swachh Bharat Mission in
guidelines (SBM (Urban) Component II: Community toilets) in
T Huts, H Block, Jhuggi under Metro Bridge, Near Yamuna
Bridge, Shashtri Park, New Delhi be constructed within a
period of four weeks.
(B) Issue a writ of mandamus or any other writ directing
tine respondents to ensure immediate installation of mobile
public toilets till the time permanent public toilets are
constructed.
(C) Issue a writ of mandamus or any other writ directing
the respondents to take care of the problem of water logging as
currently being faced by the residents.
(D) Pass an order directing the Department of women
and child development for the proper arrangement of
Aganwadis for hundreds of poor and deprived children. So, that
they are able to get basic nutrition.
(E) Pass an order directing the Delhi Urban Shelter
Improvement Board and Department of women and child
development for the proper medication and care to these poor
slum dwellers.
(F) Pass any such directions or order which this Hon'ble
court deems fit and proper in the facts and circumstances of the
above mentioned case."
3. We have heard learned counsel appearing for the respondent nos. 1
and 2 at length who have taken us to their respective counter affidavit filed
by them in detail.
4. Learned counsel appearing for the respondent no.1 submits that
detailed counter affidavit has been filed. Paragraph nos. 5, 6 and 7 of the
counter affidavit of respondent no.1 read as under :
"5. That the aforesaid area i.e. T Huts, H Block, Jhuggi
under Metro Bridge, New Yamuna Bridge, Shashtri Park, New
Delhi, is not a notified Slum and JJ Cluster, and does not figure
in the list of notified Slum and JJ Cluster in Delhi. Moreover, it
is a low-lying area which is lying on the bed of River Yamuna
which is known as Khadar. Therefore, since the Jhuggi Cluster
in question, is existing on the bed of River Yamuna, it is not
possible to develop any drainage system in the area in question.
Further, even as per the Swachh Bharat Mission, no direct
waste water/sewage line can be laid or drained in the stream of
river. Since no system of drainage and sewer line can be laid in
the aforesaid area being a River bed, it is neither possible to
provide facilities for a permanent toilet facility or any mobile
public toilet. These facilities cannot be provided as no outlet
can be provided owing to the fact that no waste water/sewage
can be laid in the stream of the river.
6. That further, it is not even possible to provide toilet
complex with septic tank in the area in question. Since the
cluster lies on river bed of River Yamuna and is a low lying
area, construction of septic tank in the area is neither feasible
nor allowed.
7. That therefore, the DUSIB cannot be faulted in any
manner for not providing any toilet block or drainage system in
the aforesaid area, as the topography of the area does not
permit to lay/construct any drainage system on the river bed.
No drainage/disposal can directly be provided to the River
Yamuna, thus, disposal of drainage is not possible into River
Yamuna. Any such action will lead to pollution of River
Yamuna, which is already a highly polluted river."
5. In view of the aforesaid submissions, it appears that due to low laying
areas near Yamuna Bridge, for which this writ petition has been preferred,
development of drainage system is not possible for construction of
Community Toilet Blocks. However, learned counsel for the Delhi Urban
Shelter Improvement Board (DUSIB) submits that they will explore the
possibility of installation of bio digester toilet facilities after receiving the
response from Electrical Division in this regard.
6. As far as providing the facilities under the Integrated Child
Development Scheme (ICDS) of the respondent no.2 are concerned,
paragraphs 3 and 4 of the affidavit of the respondent no.2 read as under:
"3. That on 22nd to 30th September, 2018, a survey of the
area referred in the present petition i.e. concerned i.e. T Huts,
H Block, Jhuggi under the Metro bridge, near Yamuna Bridge,
Shastri Park, New Delhi was done by Smt. Neena, Supervisor of
concerned area ICDS (Integrated Child Development Scheme)
project, Geeta Colony and a report of such survey was
submitted to the CDPO (Child Development Program Officer)
of the concerned project. The details observed in the survey are
as under :-
1. Total Houses in the area - 56
2. Total population of the area - 286
Details of the beneficiaries of the above mentioned area
concerned in ICDS Project Geeta Colony, Deptt. Of W&CD are
as under :
1. Pregnant and Lactating mother - 08
2. Children (07 months to 01 year)- 03
3. Children (01 years to 03 years) - 15
4. Children (03 years to 06 years) - 08
Therefore, the
Total no. of beneficiaries is - 34
It has further been submitted by the CDPO concerned that, as
per norms, an Anganwadi cannot be opened in the said area
due to the population of the said area being lesser than the
minimum population required for establishment of an
Anganwadi. However, it has been suggested by the CDPO
Concerned Smt. Achala Rani, that the beneficiaries of the said
area can be covered by the nearby Anganwadi i.e. AWC No.49.
True copy of letter by Government of India, Ministry of Women
and Children Development bearing no. F No.14-1/2004-CDI
(Vol.II) is annexed as Annexure A-1."
7. In view of the above, we see no reason to further monitor this case as
the respondents are already taking care of the issues raised in this petition.
8. Moreover, respondent no.1/DUSIB is also exploring the possibility of
installation of bio digester toilet facilities as construction of Community
Toilet Blocks are not possible due to low lying areas in question where
development of sewage/drainage system is not possible at all. Similarly
respondent no.2 is ready to provide nearby Anganwadi facilities from nearly
Anganwadi Centre, i.e. AWC No. 49 to the residents of the area in question.
9. We hope and expect from the respondent no.1 that after getting a
response from the Electrical Division, looking to the priority of the works
pending with them, bio digester toilet shall be provided at the aforesaid place
as early as possible and practicable.
10. With these observations, this writ petition is hereby disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J.
FEBRUARY 27, 2020/kr
