Delhi High Court
Regrigerated Water Licensees ... vs The Commissioner South Delhi ... on 20 April, 2023
Neutral Citation Number is 2023:DHC:2704-DB
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 20th APRIL, 2023
IN THE MATTER OF:
+ W.P.(C) 6583/2017 & CM APPLs. 27297/2017, 15459/2018,
30681/2018, 43621/2019, 17531/2022
REFRIGERATED WATER LICENSEES ASSOCIATION (REGD)
AND ANR ..... Petitioners
Through: Mr. Ashok Chhabra and Ms. Shefali
Gupta, Advocates.
versus
THE COMMISSIONER SOUTH DELHI MUNICIPAL
CORPORATION AND ORS ..... Respondents
Through: Mr. Sanjeev Sabharwal, Standing
Counsel for MCD with Ms. Shweta,
Advocate.
Ms. Kanika Agnihotri, ASC for
NDMC.
Mr. Anuj Aggarwal, ASC for
GNCTD with Ms. Ayushi Bansal, Mr.
Sanyam Suri and Ms. Arshya Singh,
Advocates for R-5.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
JUDGMENT
1. The instant Writ Petition under Article 226 of the Constitution of
India has been filed as a Public interest Litigation (PIL) by Refrigerated
Water Licensees Association (Regd), a registered association having more
than 300 water cooling units, with the following prayers:-
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Neutral Citation Number is 2023:DHC:2704-DB
"a) The present writ petition may be allowed and writ
in the nature of mandamus be passed and the
Respondents be directed to forthwith put total ban on
the sale of contaminated water by unlicensed roadside
hawkers Selling through E-Rickshaw & through
unauthorised permanent structure and selling
artificially flavoured colour drinks made from harmful
chemicals and substances and styling them as
Shikanjavi, lassi, aamras etc.
b) The Respondents be directed to ensure the
implementation of their own guidelines, rules and Law
as already stated herein above.
c) No hawkers should be permitted to sell artificially
flavoured colour drinks made from harmful chemicals
and substances and styling them as Shikanjavi, lassi,
aamras etc.
d) The Respondents should be ordered to forthwith
confiscate such E-Rickshaw/ vendors selling such
contaminated water and drinks and take action
including imposition of penalty and prosecution
&Demolish permanent structure from where the water
is sold.
e) The Commissioner of Police, Respondent No.7
should be ordered to issue instructions to all Police
Stations to assist the MOD and ensure that no
unlicensed hawkers sell artificially flavoured colour
drinks made from harmful chemicals and substances
and styling them as Shikanjavi, lassi, aamras etc.
f) The persons selling water outside the said Metro
stations and other places be immediately removed and
stopped from selling contaminated water and action in
accordance with law be taken against them"
Signature Not Verified
Digitally Signed
Signing Date:21.04.2023
19:31:36
Neutral Citation Number is 2023:DHC:2704-DB
2. Notice was issued in the instant Petition on 17.08.2017, and this Court
directed the Respondents to file counter affidavits.
3. The Respondents have filed Status Reports from time to time. The
Respondents being the North, South, East MCD vide these status reports
have from time to time placed on record the action taken in the form of raids
conducted, sub-standard ice destroyed, and prosecutions undertaken.
4. From time to time, the Petitioners also addressed communications to
the Respondents apprising them of sale of shikanjavi, aamras, coloured
drinks, etc. andunlicensed water trolleys/ Water ATM selling water
withoutthe license. In this regard, the Petitioners have also filed applications
dated 14.04.2018, 27.07.2018, 11.03.2019, 25.09.2019 (Local
Commissioner), 05.04.2022 (banning of sale of contaminated). Notice was
issued on all such applications.
5. Pursuant thereto, on 17.08.2022, the Ld. Counsel for the Respondent
No.1/SDMC informed this Court that all Corporations have now been
merged into one corporation which is the Delhi Municipal Corporation and
will be filing a consolidated status report on behalf of the Corporation.
6. A latest common Status Report dated 09.11.2022 was filed on behalf
of the Municipal Corporation of Delhi. The MCD has placed on record that
there are 12 zones falling under its jurisdiction and the MCD has been
regularly taking action against various persons running unauthorized
business of sale of water through unlicensed water trolleys, unlicensed
sugarcane juice shops, other persons selling ice cream, unauthorised water
cooling plants and other products made from water. With regard to the
action taken in respect of the unauthorised water cooling plants in these 12
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Neutral Citation Number is 2023:DHC:2704-DB
zones, the following data has been presented before this Court in tabular
format:
South Zone:
S. No. Action Numbers
3. Cold Drink Rehri Seized 23
8. Water Trolleys Checked 547 (Rounds)
West Zone:
S. No. Action Taken Status
1. Shikanji, Lassi, coloured drinks and 47
Jal Jeera etc. seized
3. Unlicensed Water Trolley Seized 23
4. Removal action of Nimboos, Lemon 68
from water trolley
5. Prosecution actions taken against 54
illegal water cooling plant
Central Zone:
S. No. Trades Total
4. Rehris coloured drinks 35
5. Rehris Aam Panna and drinking 35
materials
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Neutral Citation Number is 2023:DHC:2704-DB
8. Prosecution actions taken against 06
illegal water cooling plants
9. Show cause/Improvement notice 29
issued to Water cooling plants
Najafgarh Zone:
S. No. Action Taken Status
1. Shikanji, lassi, Coloured Drinks and 12
Jaljira etc.
3. Unlicensed Water Trolley seized Nil
4. Removal action of neembus / lemon Nil
from water trolleys
5. Prosecution action against illegal Nil
water cooling plant / trolley
Civil Lines Zone:
S. No. Action Taken Status
1. Lassi, Cold drinks, Jaljeera etc. 28
Seized
3. Unlicensed Water Trollies Seized 04
4. Removal action of Nimbus/Lemon 09
from Water Trollies
5. Prosecution action against water 0
cooling plant
6. Closure notice/notice issued against 15
water cooling plant
City-SP Zone
S. No. Action Taken Status
1. Lassi, Cold Drinks, Jaljeera etc. 124
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Neutral Citation Number is 2023:DHC:2704-DB
Seized
3. Unlicensed Water Trolly Seized 24
4. Removal action of Neembus/Lemon 15
from Water Trollys
5. Prosecution action against Water 05
Cooling Plant
6. Closure Notice issued against Water Nil
Cooling Plant
Shahdara (South) Zone:
S. No. Action Status
1. Lassi, Cold Drinks, Jaljeera etc. 21
Seized
3. Unlicensed Water Trolleys Seized 1
4. Removal action of Nimbus/Lemon 1
from Water Trollies
5. Prosecution action against Water 1
Cooling Plant
6. Closure Notice issued against Water Nil
Cooling Plant
Shahdara (North) Zone:
S. No. Action Taken Status
1. Lassi, Cold Drinks, Jaljeera etc. 06
Seized
3. Unlicensed Water Trolley Seized 03
4. Removal action of Neembus/Lemon 03
from Water Trolleys
5. Prosecution action against Water 10
Cooling Plant
6. Closure Notice issued against Water Nil
Cooling Plant
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Signing Date:21.04.2023
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Neutral Citation Number is 2023:DHC:2704-DB
Rohini Zone:
S. No. Item Seized Total No's
10. Ice Destroyed 6500 KG
Karol Bagh Zone:
S. No. Items Seized Total No
10. Ice destroyed 8758
Narela Zone:
S. No. Items Seized Total Nos
1. Water Trolleys seized -
2. Sugar Cane (Kolhu) Seized 18
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Signing Date:21.04.2023
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Neutral Citation Number is 2023:DHC:2704-DB
10. Ice destroyed 960 kg
Keshav Puram Zone:
S. No. Items Seized Total No.
2. Sugar Cane (Kolhu) Seized 13
10. Ice destroyed 1790
7. From a perusal of the above tables, it appears that hygiene raids were
carried out in the South Zone from 01.05.2022 to 07.11.2022. In such raids,
47 Shikanji rehris, 54 lassi rehris, 23 cold drink rehris, 68 juice rehris, 54
jaljeerzrehris, 13 sugarcane crusher rehris, 19 water trolley were seized and
547 water trolleys were checked. Further, it appears that 132 shikanji, lassi,
and coloured drinks rehris, 11 sugarcane crushers, 03 unlicensed water
trolleys were seized, 148 rehris of nimboos, lemon were removed, and 07
illegal water colling plants were prosecuted in the West Zone. Similar action
has been taken in the Central, Najafgarh, Civil Lines, City SP, Shahdara
(South), Shahdara (North), Public Health Department, Karol Bagh, Narela,
and Kesha Puram Zones as well.
8. It appears that the Respondents, which are now the Common
Municipal Corporation of Delhi, along with the aid and assistance of the
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Signing Date:21.04.2023
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Neutral Citation Number is 2023:DHC:2704-DB
police, has been from proactively taking action against the illegal
dissemination of contaminated water and/or artificially flavoured colour
drinks made from harmful chemicals and substances in all the prevalent
zones. It appears that the Respondents had been taking such action from
2018 itself. In light of this, this Court does not find it necessary to furnish
further status/action taken reports from the Respondents.
9. Needless to state that the Respondent/MCD must continue to ensure
that hawkers are prohibited from selling contaminated water or from passing
of any contaminated beverages as Shikanji, Lassi, coloured drinks, soda
water, lemon soda, cut fruits, sugarcane juice, Jal Jeera and Ruhafza, Kanji
bottle etc. In this regard, the Respondents must continue to carry out regular
raids, confiscate illegal material, and initiate prosecution against individuals
engaged in the selling of selling contaminated water or from passing of any
contaminated beverages as Shikanji, Lassi, coloured drinks, soda water,
lemon soda, cut fruits, sugarcane juice, Jal Jeera and Ruhafza, Kanji bottle
etc.
10. In light of this, the instant PIL stands disposed of, along with pending
application(s), if any.
SATISH CHANDRA SHARMA, CJ
SUBRAMONIUM PRASAD, J
APRIL 20, 2023
S. Zakir/ss
Signature Not Verified
Digitally Signed
Signing Date:21.04.2023
19:31:36
