JUDGMENT
M.J. Rao, J.
(1) Heard learned Counsel for the petitioners and the learned Counsel for the respondents. Heard also submissions of the 6th petitioner, Mr. Rajiv Chauhan. The limited dispute between the parties is with regard to the storm water drain on the main road of Road No. 43, Pitam Pura, Delhi. Grievance of the petitioners is that this storm water drain is being connected to a sewerage drain. There is also a grievance that the pipes conveying drinking water are passing across the storm water drain and that there would be contamination of drinking water. There is another grievance that this drain is being constructed very close to the boundary lines of the buildings owned by the inhabitants of the locality, and there is likelihood of damage to the structures because of the seepage.
(2) A reply has. been filed by Mr. Kanwal Nain, Executive Engineer of MCD. It is clearly stated in para 4 of the reply that “So far, this drain has been constructed in front of Samrat Enclave at a distance of 3.3 metres to 2.4 metres away from the boundary line of the houses. This drain is being constructed for disposal of storm water drain and not as a sewer line and the drain will be covered with Rcc Slab with provision of man-hole cover at adequate distance and there would be no effect on the health of the residents as alleged.
(3) The above statement in the reply, therefore, takes care of the distance between the drain and the houses. We are assured by the learned Counsel appearing for the Mcd that apart from points at Samrat Enclave, at other places a minimum distance of 1.5 metres will be maintained from the boundary line of the buildings and this storm water drain. The above paragraph also takes care of the other grievance inasmuch as it is stated that sewer lines will not be connected to this storm water drain so as to avoid any backflow. There is, however, a grievance that instead of adopting the type of construction that is now being made for storm water drain, hume pipes should be used. It is not for us to decide whether it is absolutely necessary to have hume pipes or whether brick construction that is now being made is adequate for the purpose.
(4) So far as the crossing of drinking water pipeline and the storm water drain is concerned, it is stated in the reply as follows : – “As regard to the crossing of drinking water pipe line and it is submitted that adequate arrangement would be made to avoid contamination.”
(5) We have been shown some photographs which do tend to show that the drinking water pipes are cutting across the proposed storm water drain, but we were informed by Mr. Kanwal Nain, the concerned Executive Engineer of Mcd, who is present in Court, that after the storm water drain is fully constructed, the level of drinking water pipe line now cutting across this storm water drain will be raised so that there is no occasion of any contamination of the water in the drinking water supply.
(6) The undertakings by Mr. Kanwal Nain, Executive Engineer of Mcd are accepted and are taken on record, and the Corporation will be bound by them.
(7) The interim order granted is hereby vacated. The writ petition stands disposed of