Delhi High Court
Manjeet Singh Chugh vs Govt. Of Nct Of Delhi And Ors. on 5 September, 2024
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5830/2022, CM APPL. 17504/2022 & CM APPL. 5398/2024
MANJEET SINGH CHUGH .....Petitioner
Through: Petitioner in person.
versus
GOVT. OF NCT OF DELHI AND ORS. .....Respondents
Through: Ms. Anjesh Dahiya, Advocate for Mr.
Jawahar Raja, ASC (Civil) GNCTD for
R-1.
Ms. Sangeeta Bharti, Standing Counsel,
DJB with Ms. Malvi Balyan and Ms.
Vidushi Gupta, Advocates for R-3/DJB.
Mr. Mukesh Gupta and Ms. Divya
Prakash Pande, Standing Counsel with
Mr. Shashi Gupta, Mr.Arnav Gupta and
Mr. Chirag Chaturvedi, Advocates for
MCD.
% Date of Decision: 5thSeptember, 2024
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
MANMOHAN, ACJ : (ORAL)
1. Present Public Interest Litigation has been filed under Article 226 of the
Constitution of India praying for issuance of mandamus thereby directing the
respondents to lay/construct the road on Gurudwara Road and the adjoining
roads thereto at Kotla Mubarakpur, New Delhi.
2. The grievance of the petitioner is in relation to the condition of the
public roads i.e., the Gurudwara Road, and the adjoining roads thereto at Kotla
Mubarakpur, New Delhi. The petitioner has placed on record photographs to
show the condition of the roads.
3. During the pendency of the present petition, the respondent-MCD by
way of the status report dated 10th May, 2024 has apprised this Court about the
execution of road construction works done in the subject area i.e. Kotla
Mubarakpur. As per the averments in the affidavit, the work of "improvement
of Gurudwara Road from the Gurudwara to Dharam Bhawan Road in Ward
no.60 in Central Zone" was awarded to the agency viz., M/s J.R. Construction
vide work order no.111 dated 23rd February, 2023. It has been stated that on
account of substandard work of road construction, action in accordance with
the NIT conditions was taken against the contractor by forfeiting the earnest
money deposited. It is also stated that the said agency has been demoted under
Clause 23.1, sub clause (a) of Enlistment Rules, 2016 vide letter dated 31st
January, 2024 and simultaneously, compensation at the rate of 10% of tender
amount has been imposed under Clause 2 vide letter dated 5th March, 2024.
4. It is also stated that consequent upon recall of the aforesaid work
contract, a fresh work order to complete the unfinished work was issued to M/s
S.N. Malhotra & Sons vide work order No.132 dated 26th December, 2023. It
is also stated that this work was completed on 6th March, 2024. Apart from the
above, the repair and improvement/strengthening of remaining roads in Kotla
Mubarakpur are stated to have been taken up by the respondent and completed.
The details are as under:-
S. Name of Work W.O. & Agency Contractual
Date Amount
No.
1. Improvement/ repair of 15 dated M/s. Surbhi Rs.9,26,136/-
damaged portions on 18.05.22 Consts.
different locations at
Gurudwara road, Aliganj
Mandi, Jood Bagh,
Shanchand Marg,
Community Centre to
Sanchand Marg in Kotla
Mubarakpur in ward No.60-
S/Central Zone.
2. Improvement and 19 dated M/s. M.C. Rs.29,12,457/-
strengthening of road by pdg. 02.06.22 Construction
Dense Carpeting of Hargyan Co.
Singh Marg from Ring Road
to Community Centre,
H.No.D-53 to D-62, D-55 to
C-24, D-1 to D-19 and J-35
to J-91 in NDSE-1 in Ward
No.60 (Kotla Mubarakpur),
Central Zone.
3. Improvement of road by pdg. 110 dated M/s. Rs.67,35,635/-
Dense Carpeting and 23.02.2023 Jaswant
improvement of open section Singh Dabas
drain from Arya Samaj
Mandir to Subhash Chowk in
Kotla Mubarakpur in Ward
No.60/Central Zone.
4. Improvement of Gurudwara 132 dated M/s. S.N. Rs.61,66,688/-
Road by pdg. RMC from 26.12.2023 Malhotra &
Gurudwara to Sons.
Dharambhawan Road in
Kotla Mubarakpur in Ward
No.60 (Kotla Mubarakpur),
Central Zone.
Total Rs.1,67,40,916/-
5. So far as the improvement of road by Ready Mix Concrete in respect of
the road from Dispensary Bapu Park to H.No. 65 and Sheetla Mata Mandir to
H.No. C-9 in Bapur Park in Ward No. 60 (Kotla Mubarakpur), Central Zone is
concerned, an estimate is stated to have already been prepared. It is stated that
the estimated cost of the said project is around Rs.77,38,052/-. It is also stated
that the budget for the same has not been allocated due to paucity of funds. It
is assured by the respondent that the work shall be taken up in future once the
funds are available.
6. Having perused the status report as mentioned above, we are of the
considered opinion that so far as the allegations against M/s J.R. Construction,
the erstwhile contractor and officials of the respondent-MCD acting in
collusion with each other and indulging in corrupt practices are concerned, we
are satisfied with the administrative action taken by the respondent against the
said erstwhile contractor. In case the petitioner still has any grievances, he
would be at liberty to take appropriate remedies in accordance with the law.
7. In regard to the remaining work as noted in para 5 above is concerned,
we direct the respondent-MCD to conclude the improvement/strengthening
and if required, reconstruction of the said stretches of road mentioned above
within a period of three months. Since the matter has been pending on the
board of this Court from the year 2022, we do not find any justification for
further delay of improvement/strengthening and if required, reconstruction of
the said stretches of road.
8. A compliance report shall be filed within four weeks thereafter.
9. In view of the above, the present writ petition stands closed.
ACTING CHIEF JUSTICE
TUSHAR RAO GEDELA, J
SEPTEMBER 05, 2024/rl
