Delhi High Court
Ravinder Yadav vs Puneet Kumar Goel & Anr. on 18 May, 2022
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 18.05.2022
+ CONT.APP.(C) 12/2022 & C.M.Applns.23396-97/2022
RAVINDER YADAV ..... Appellant
Through: In person
versus
PUNEET KUMAR GOEL & ANR. .... Respondents
Through: Mr.Mukesh Gupta, Standing Counsel
with Mr. Raghav Gupta, Advocate
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE SAURABH BANERJEE
J U D G M E N T (oral)
1. The present appeal has been filed by the appellant, primarily, seeking
passing of exemplary orders against the respondents for filing false and
fabricated affidavits/status reports dated 23.09.2019, 11.03.2020 and
11.08.2020 without providing the advance copies of affidavits/status reports
by considering the CRLM No.7164/2021 filed by the appellant u/s 340 of
Cr.P.C. against respondents; directions to respondents to update the full
particulars of sanitation workers on the website of respondents in
compliance of order dated 28.06.2017 passed in W.P. (C) 8917/2015 and
order dated 01.11.2017 passed in W.P.(C) 9503/2017; exemplary order
against the Mr. Sunil Gahlot, Ex. Engineer, Mr. KK Yadav, AE and Mr.
Mukesh Meena, JE Maintenance-1 of SDMC, Najafgarh for making the
payment of roads on 07.03.2017 before the construction of few roads in
appellant's colony and using substandard material and role of Mr. Rohit
Gahlot, P.A. of MLA, Najafgarh and compensation for not constructing the
6-7 roads in appellant's colony till now and harassing the appellant at every
forum of law.
2. The present appeal has been filed on the ground that learned Single
Judge has disposed of the contempt case, i.e. in CONT. CAS(C) 426/2018 in
the favour of respondents without deciding the CM No.17191/2020 and
CRLM No.7164/2021 filed u/s 340 of Cr. P.C. for making false and
fabricated submissions before this Court and for making the payment of
roads on 07.03.2017 before filing the writ petition, i.e. W.P. (C) 9503/2017
and before construction of roads i.e. 23.11.2017.
3. Appellant appears in person and submits that the learned Single Judge
rejected rejoinder dated 10.09.2020 filed in CM No.17191/2020 and
rejoinder dated 14.09.2020 in main case, i.e. CONT. CAS(C) No.426/2018,
filed by the appellant and passed the order dated 27.04.2022 in favour of
Officers of SDMC and Najafgarh MLA's officers/staff and role of registry
staff of this Court for accepting status reports dated 23.09.2019 and
11.03.2020 and affidavit dated 11.08.2020 without serving advance copy to
appellant.
4. The fact that the contempt petition was filed for non-compliance of
order dated 01.11.2017 is apparent therefrom, relevant portion of the same
is as under:
"5. The SDMC shall ensure compliance with our directives
regarding giving the public information of the particulars of
the sanitation workers and their duty roster. The SDMC
shall also notify the residents of Delhi with regard to the
time between which they would be permitted to throw the
garbage in the dhalao as well as the time at which the
municipal vehicles would be clearing the dhalao.
6. In case the writ petitioners have any difficulty regarding
working of the schedules or the performance of any
sanitation worker, they shall make a complaint to the
Deputy Commissioner, MCD. The MCD shall deal with the
complaint and take prompt action preferable within a
period of one week of the receipt of the complaint. The
action taken on the complaint shall be communicated to the
complainant.
7. So far as the second prayer of the writ petitioners
regarding the road repair work is concemed, the SDMC
shall also look into the grievance of the petitioners to ensure
that the same is addressed at the earliest."
5. Accordingly, status report was filed by the respondent/SDMC
wherein it had been stated that in compliance to the directions of this Court
regarding public information of the particulars of the sanitation staff etc., the
details of the sanitation workers along with their duty roster, the time of
reporting for the duty are being pasted on the walls of the colony. The status
report stated that the directions regarding the time during which the residents
are allowed to throw out garbage cannot be given because the residents are
directed to throw the garbage in the dhalaos which are kept open to sky and
the general public throw their garbage at any time as per their convenience.
It was also stated that no time can be fixed for the municipal vehicles for
cleaning these dhalaos due to shortage of vehicles/drivers etc. It was further
stated that so far as the written complaints of the petitioner/residents
regarding sanitation and the absence of sanitation staff etc are received, the
same shall be redressed immediately. The respondent/SDMC had also filed
the roster of the sanitation workers who have been deployed for carrying
sanitation and cleaning activities. It was also stated that the work of cleaning
of the dhalaos have been given to the concessionaire/contractors by the
name of DWMN. It was stated that about 34 Sanitation workers have been
deployed sweeping roads, cleaning of drains, silt collection, posting at
dhalao etc.
6. It is pertinent to mention here that an application was filed by the
SDMC for modification of paragraph No.7 of the order dated 01.11.2017.
The Co-ordinate Bench of this Court vide order dated 22.09.2021 modified
the said order which reads as under:
"13. The South Delhi Municipal Corporation has preferred
CM Application No. 1576/2021 for modification of the
aforesaid directions given in para 7 of our judgment and
order dated 01.11.2017, to the effect that South Delhi
Municipal Corporation has not to carry out the work in
question. Learned counsel appearing for the South Delhi
Municipal Corporation has relied upon Annexures R-5 & R-
6 to the memo of this application and submitted that the
work in question is to be done by Irrigation and Flood
Control Department of Govemment of NCT of Delhi and by
Delhi State Industrial and Infrastructure Development
Corporation (DSIIDC). 14. It is further submitted by the
learned counsel appearing for South Delhi Municipal
Corporation that as the work in question is to be completed
by the aforesaid two authorities, let a suitable direction be
given to both of them. Hence, to that extent direction given
in para 7 of the judgment and order dated 01.11.2017 in
W.P.(C) 9503/2017 be modified."
7. In view of above, learned Single Judge observed that since the
contempt petition was filed prior to the modification of the order dated
01.11.2017, nothing survived in the matter and hence, the contempt petition
was disposed of.
8. Learned Single Judge has also observed that in case the petitioner has
further grievance regarding the non-compliance of the order dated
22.09.2021, it is always open to the petitioner to take all such remedies as
may be available to him in accordance with law.
9. On perusal of the impugned order dated 27.04.2022 and the
observation made by learned Single Judge after submission of the roster of
sanitation workers, we find no illegality and perversity in the impugned
order.
10. Finding no merit in the present appeal, the same is accordingly
dismissed.
11. Pending applications also stand disposed of.
(SURESH KUMAR KAIT)
JUDGE
(SAURABH BANERJEE)
JUDGE
MAY 18, 2022/rk
