Kapil Singh Gaur And Anr. vs South Delhi Municipal ...
2020 Latest Caselaw 433 Del

$~27

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                           Date of Decision: 22.01.2020

+      W.P.(C) 803/2020

       KAPIL SINGH GAUR AND ANR.                ..... Petitioners
                     Through: Mr. Harpreet Singh Hora &
                     Ms.Manpreet Kaur, Advs.

                          versus

       SOUTH DELHI MUNICIPAL CORPORATION AND ORS.
                                                     ..... Respondents
                    Through: Mr. Sanjeev Sabharwal, Standing
                    Counsel with Mr. Bushra Waseem, Adv. for R-1
                    Mr. Amrit Pal Singh, standing Counsel for R-2


       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR
                                    JUDGMENT

: D.N. PATEL, Chief Justice (Oral)

CM APPL. 2446/2020 (Exemption) Allowed, subject to all just exceptions.

Application stands disposed of.

W.P.(C) 803/2020

1. This Public Interest Litigation has been preferred with the following prayers:

"1. To pass an order/direction to the Respondents to take immediate steps to clean the residential areas near the canal.

2. To pass an order/direction to the Respondents to take immediate actions for placing new notice boards with warning of prosecution under relevant provisions of law,

3. To pass an order/direction to the Respondents to take immediate steps for erection/construction of barricades in order to prohibit the piling of garbage in the said canal.

4. Issue a writ/order/direction in the nature of writ of Mandamus or any other writ/order/direction in the similar nature to take immediate steps for the maintenance of the cleanliness of the canal.

5. To pass any other order in the interest of justice this Hon'ble Court deem fit in the interest of justice."

2. Learned counsel appearing for the petitioners submitted that suffice it would be for the disposal of this writ petition if the concerned respondent authorities, especially respondent Nos.1 and 2 are directed to put a barricade at the place mentioned in para 8 at page No.10 to the memo of this writ petition which are also mentioned at Annexure P-1. It is also submitted by the counsel for petitioners that concerned respondent authorities be directed to act on the representations which are annexed as Annexure P-2 and Annexure P-3 to the writ petition.

3. In view of the aforesaid limited submissions, we hereby direct the concerned respondent authorities especially respondent Nos.1 and 2 to appreciate the representations of the petitioners which are at Annexures P-2 and P-3 keeping in mind the averments made in para 8 of this writ petition to be read with Annexure P-1 to the memo of this writ petition in accordance with law, rules, regulations and Government policy applicable to the facts of the present case as early as possible and practicable.

4. With these observations, this writ petition is hereby disposed of.

CHIEF JUSTICE

C.HARI SHANKAR, J

JANUARY 22, 2020 ns