Delhi High Court
Rajneesh Bhaskar vs Union Of India And Ors on 17 June, 2020
$~6.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 17th June, 2020
+ W.P.(C) 3535/2020
RAJNEESH BHASKAR ..... Petitioner
Through: Petitioner in person
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr.Amit Mahajan, CGSC with
Mr.Dhruv Pande, Adv. for R-1
Ms.Mini Pushkarna, Standing Counsel for
North DMC
Mr. Harish Kumar Khinchi, Standing
Counsel for EDMC
Mr. Anupam Srivastava, ASC for GNCTD
Mr. Dhanesh Relan & Mr. Arindam Dey,
Advs. for R-7
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
: D. N. PATEL, Chief Justice (Oral)
Proceedings of the matter have been conducted through video
conferencing.
CM APPL. 12577-12579/2020
Allowed, subject to just exceptions.
W.P.(C) 3535/2020
1. This petition, styled as a Public Interest Litigation, has been preferred
with the following prayers:
"a) Issue an appropriate Writ in the nature of Mandamus,
direction or order directing the respondents no. 3 and 4 to
enforce/implement the guidelines issued by Respondent no. 1
regarding containment zone in its letter and spirit and make
sure the distribution of three layer Mask among all the
households/residents under existing containment zone i.e. 237
till 10.06.2020 throughout the NCT of Delhi and all future
containment zone, if declared through District Disaster
Management Authority or any other Specific Committee/task
force, if constituted, for this purpose.
b) Issue an appropriate Writ in the nature of Mandamus,
direction or order directing the respondents no. 1 to 6 to direct
the area Sub Divisional Magistrate (SDM) and District
Magistrate to mention the name and contact no. of concerned
officer/in-charge for ensuring supply of triple layer mask to all
households as per the guidelines of MoHFW in its notification
of containment zone through ASHAs/other community health
worker.
c) Issue an appropriate Writ in the nature of Mandamus,
direction or order directing the respondents no. 1 to 6 to make
sure the distribution of at least two times free food and water
among all the households/residents under existing containment
zone i.e. 237 till 10.06.2020 throughout the NCT of Delhi and
all future containment zone, if declared through District
Disaster Management Authority under the provision of section
12(i), section 24(d) and section 34(e) of Disaster Management
of Act, 2005.
d) Issue an appropriate Writ in the nature of Mandamus,
direction or order directing the respondents no. 1 to 3 to ensure
the appropriate financial support/fund to the Respondents no. 4
to 6 for effective enforcement/implementation of distribution of
three layer mask amongst all the residents under containment
zone throughout territory of NCT of Delhi as well as free food
and water twice in day under Disaster Management Act, 2005.
e) Issue an appropriate Writ in the nature of Mandamus,
direction or order directing the respondents no. 4 to 6
enforce/implement the guidelines issued by Respondent no. 1
regarding containment zone in its letter and spirit and make
sure the Thermal screening at all entry and exit points of entire
existing containment zone i.e. 237 till 10.06.2020 throughout
the NCT of Delhi and all future containment zone, if declared
through District Disaster Management Authority or any other
Specific Committee/task force, if constituted, for this purpose.
f) Issue an appropriate Writ in the nature of Mandamus,
direction or order directing the respondents no 1 to 6 to modify
the guidelines regarding containment zone to the extent to
allow exit and entry of private technical persons under essential
goods and services for repairing and purchasing of
AC/Freeze/Cooler/Fan/TV /Mobile/internet Wi-Fi etc. in the
house of all needy residents under existing containment zone
i.e. 237 till 10.06.2020 throughout the NCT of Delhi and all
future containment zone, if declared or alternative to provide
technical persons for the aforesaid services.
g) Issue an appropriate writ, direction or order directing the
Respondents no. 4 to 6 to provide door to door service of
essential goods and services to all needy households/residents
under existing containment zone i.e. 237 till 10.06.2020
throughout the NCT of Delhi and all future containment zone, if
declared as per the guideline issued by Respondent no. 1 by
appointing civil defense corps and not only at barricading/entry
and exit points of containment zone.
h) Issue an appropriate writ, direction or order directing the
Respondents no. 4 to 6 to provide additional online facility to
all needy residents under existing containment zone i.e. 237 till
10.06.2020 throughout the NCT of Delhi and all future
containment zone, if declared for applying and getting the
emergency pass for movement from containment zone as per
rules.
i) Issue an appropriate Writ in the nature of Mandamus,
direction or order directing the respondents no. 4 to 6 to ensure
visit of area SDM/DM at least once in 10 days in existing
containment zone i.e. 237 till 10.06.2020 throughout the NCT of
Delhi and all future containment zone, if declared with prior
information to concerned RWA and residents of containment
zone and listen their problems and provide the relief.
j) Issue an appropriate Writ in the nature of Mandamus,
direction or order directing the respondents no. 4 to 6 to make
compulsory infrared thermal screening of everyone at the gate
of housing society and colony by providing free infrared
thermal screening to the every RWA of the Delhi till the
situation is under controlled.
k) Issue an appropriate Writ in the nature of Mandamus,
direction or order directing the respondents no. 7, 8 and 9 to
ensure the regular sanitization properly inside all the existing
containment zone i.e. 237 till 10.06.2020 throughout the NCT of
Delhi and all future containment zone, under the
supervision/instruction of District Disaster Management
Authority of concerned containment zone as per the guidelines
issued by Respondents no. 1 in this regard."
2. Having heard the petitioner in person and looking to the facts and
circumstances of the case, it appears that this petitioner is in search of
several prayers including:
free masks to all the persons in a containment zone throughout
NCT of Delhi;
two times free food and water a day to all the persons in the
aforesaid zones;
thermal screening by infrared thermometer of all persons at all
entry and exit points in the aforesaid zones.
3. This petitioner has also submitted that this Court should give direction
to modify the guidelines regarding containment zone to allow exit and entry
of private technical persons under essential goods and services for repairing
and purchasing of Air Conditioners/ Fridge/ Cooler/ Fan/ TV/ Mobile/
internet Wi-Fi etc. However, it appears that this writ petition has been
preferred before this Court without any representation to the Government for
varieties of prayers as stated hereinabove.
4. We hereby direct the concerned respondent authority to treat this writ
petition as representation and decide the same in accordance with law, rules,
regulations and Government policy applicable to the fact of the present case
while keeping in mind the priority of works to be done by the concerned
respondent authority and availability of the funds with them.
5. With these directions, this writ petition is disposed of.
CHIEF JUSTICE
PRATEEK JALAN, J
JUNE 17, 2020
ns
