JUDGMENT
Vijender Jain, J.
1. This writ petition can be disposed of at this stage. The dispute between the parties is with regard to drain out the water which accumulates in village Devli during monsoon season. This writ petition has been filed by the petitioner with a prayer that MCD should construct a full drain. The difficulty was that there were two alternative modes portrayed. Meetings and conferences were held. Orders have been passed in this writ petition. Ultimately on the last date of hearing, at the request of Lt. General V.N. Kapoor who stated that he was the member of the Managing committee of the respondent, we had directed that a meeting be held with the Chief Engineers of the MCD.
2. Pursuant to our directions, a meeting was held in the room of Mr. V.K. Mehrotra, Chief Engineer-III, MCD on 6.3.2006. Minutes of the meeting are placed before us. We would like to reproduce the same in our order:
3. The case was last heard on 1.3.2006 wherein Hon’ble Court directed that a meeting be convened with the representatives of Delhi Sainik Farm Society and the Petitioner in the office of CE-III, MCD to sort out the various issues related to traffic management etc. during execution of work at site. Accordingly, a meeting was held in the room of the undersigned on 6/3/06 wherein following were present :
1. Lt. Gen. V.N. Kapoor, Member, Managing Committee, DSF Bldg. Society.
2. Brig. S.C.L. Malik, Chairman, DSF Bldg. Society.
3. Brid. O.P. Narula, Member
4. Sh. Jeet Ram, Petitioner.
5. Shri Girish Sharma, EE (Project) South Zone
4. During discussions following issues were raised :
1. Traffic Management during construction at site.
2. Foul Smell emanating from the drain throughout the year.
3. Riding quality of road surface after construction of drain.
5. The above points were discussed in detail and it was explained that total length of drain proposed to be constructed was 2093 meters, out of which 1500 meters was passing through Sainik Farms. The width of road for a length of about 1000 meters was more than 25′, and in further length of 300 meters also it was more than 25′, but with row of trees planted on one side of the road and in a reach of about 200 meters, it was only 17′. The traffic movement plan prepared by MCD was shown to the representatives and it was explained that during construction of drain also one way traffic on this road, will be ensured. There are some typical bends/T-junctions on the road for which pre cast sections of the drain shall be used for speedy construction. The members stated that in addition to traffic of Sainik Farm there was a large volume of traffic using this road for going to nearby colonies also, it was explained by MCD officials that a number of alternate roads were available for this traffic and during period of construction this traffic need not come to Sainik Farm.
6. It was apprehended by D.S.F. Society Members that constructed drain will carry sullage from these nearby colonies throughout the year. On this, it was explained that drain through Sainik Farms was being constructed for storm water only i.e. to carry rain water during rainy season and at the entry of drain towards Devli village, one sluice gate is proposed to be provided which shall be opened during monsoon seasons only to ensure that excessive rain water from Devli Village passes through this drain.
7. Regarding riding quality of road after construction of drain it was intimated to the D.S.F. Society Members that road surface shall be restored to its original shape by carrying out necessary repairs to the road.
8. Besides discussions on above mentioned points, it was desired by D.S.F. Society Members that a route reccee may also be done by MCD officials along with D.S.F. Society Members to see ground position and the same was carried out on 9/3/06.
9. Apprehensions have been expressed by Mr. Sethi, learned Counsel appearing for the intervenor/society that the storm water drain will also carry the sludge and sewerage from the village. We have seen the minutes. It has been clearly stated that the drain through Sainik Farm shall be constructed for storm water only i.e. to carry rain water during rainy season and at the entry of drain towards Devli village, one sluice gate is proposed to be provided which shall be opened during monsoon seasons only to ensure that excessive rain water from Devli Village passes through this drain.
10. Mr. V.K. Mehrotra, Chief Engineer-III, MCD is present in Court. He says that even in monsoon season no sewerage and sludge will be carried through the storm water drain and that will be ensured by taking appropriate steps at the entry point of the drain water. Let Mr. V.K. Mehrotra, Chief Engineer-III, MCD abide by the undertaking given to this Corut as we accept his assurance and undertaking. With regard to quality of road after construction, it has also been agreed by the MCD that the same shall be restored to its original shape by carrying out necessary repairs/re-laying of the road with regard to its surface and width. Another point which according to the learned Counsel appearing for the intervenor is of vital importance for the residents is that at smaller places where the width of the road is less than 25 ft. and particularly at bends/’T’ junctions which are used for the residents, as the construction and completion of the storm water drain will take six months time, there shall be great difficulty which shall be faced by the residents.
11. We direct the MCD to ensure that wherever the storm water drain is to pass through these narrow lanes, bends and ‘T’ junctions, the construction should be done in a manner so as to see that no inconvenience is caused to the residents of the area. This they will do by finishing the job in a shortest span of time by using more work force at the site as well as also ensuring the smooth flow of traffic and in this regard a direction is issued to the DCP (Traffic) of the area concerned to have a plan prepared for movement of traffic which will ensure that only vehicles of the residents shall be allowed entry inside Sainik Farm area during the period of construction of drain. No outside vehicle should be allowed to go and pass in the by-lanes, central avenue of the Sainik Farms.
12. In this regard, Mr. Mehrotra is directed to convene a meeting with the DCP (Traffic) of South Zone so as to ensure the compliance of our directions. He is also directed to ensure that the job is finished within a period earlier than six months.
13. We give liberty to the petitioner/intervenors to move this Court for any other directions if the order is not complied with by the respondent/MCD.
14. We are grateful to Mr. Raj Panjwani, amices curiae, for rendering assistance in this matter.
15. Writ petition stands disposed of.