JUDGMENT
A.K. Sikri, J.
1. CWP No.16/2000 is filed by the residents
welfare association of B 5 & 6, Vasant Kunj, New Delhi
and another resident of the same colony. This writ
petition is in the nature of the Public Interest
Litigation. The grievance of the residents of this
colony is that although after construction of flats by
the DDA allotments thereof are made to the residents in
the year 1992 but the possession was given without any
electricity and water. Later on the electricity was
provided in the year 1993 but there was no regular
water supply which continued to be supplied through
private tankers. The water supply started in the year
1994 but all is not well on these fronts even today.
The water pressure is so law that even in the Ground
Floors the water does not come directly in taps, and
therefore, the water is stored in tanks fitted on
Ground Floor and then boosted to the overhead tanks.
This water is not even fit for human consumption and
the residents have to get the same filtered or boiled.
It is further alleged in the writ petition that right
from the year 1996, the petitioners have been making
representations to various governmental authorities
including the authorities at the highest level but
without any results.
2. Apart from the above, it is alleged, all the
roads around the colony in question were without street
lights. In the absence of which it is unsafe,
particularly for girls and ladies to go out after
sun-set. There were no traffic signals either on the
turnings which often cause accidents. The
representations were made to the authorities pointing
out these difficulties also but no heed has been paid.~
The colony is also inhabited by various
jhuggis. Letters have been written to the DDA since
February, 1998 for removal of JJ clusters. However, no
action was taken.
3. To add insult to the woes of the residents,
the park in the colony had been encroached upon by DJB
since November, 1998 because of which more than 50 per
cent tankers were being parked in front of the colony
which had been causing traffic problems and constant
nuisance. The representations of the residents about
the parking of these tankers and misuse of the park
have also got unheeded. As nothing was done to assuage
the problems of the residents, present writ petition
was filed.
4. CWP No.6827/2000 is filed by an individual who
is also a resident of Vasant Kunj. He has also made
grievances of almost the same nature. He also points
out in this writ petition that nearest approach road
from outer ring road to Vasant Kunj is a road leading
from Katwaria Sarai cutting across vast jungles on both
sides named as Aruna Asaf Ali Marg and at the edge of
this Marg there is a JJ cluster where children play all
day till late evening along the road and can be seen
defecating apart from making the road accident prone.
Two kilometres ahead of road towards Vasant Kunj,
strong foul smell of dead animals spreads making it
difficult for the commuters to travel without closing
nose. The road has never been carpeted with paver
finish eversince its existence. It is full of jumps,
jerks and bumps. During monsoon potholes and cesspools
are created. Therefore, the petitioner in this writ
petition also prays for removal of JJ clusters,
providing proper street lights and carpeting the road
as well as removal of dirt and filth from the jungle so
that foul smell does not spread.
5. Both these writ petitions were taken up
together and orders are passed from time to time in CWP
No.16/2000 treating that to be the leading case.
6. Cognizance of the matter was taken by issuing
notices to the concerned respondents, namely, MCD, DDA,
DJB, the Commissioner of Police, DVB, Govt. of NCT of
Delhi as well as Central Social Welfare Board. It may
be mentioned here that the land which is encroached
upon by the JJ clusters has been allotted to the
Central Social Welfare Board(for short `Board’). This
allotment was made way back in the year 1990 but the
possession has not been given to the Board as the JJ
clusters have not been removed. Therefore, in a sense,
this Board, although arrayed as one of the respondents,
is also praying for removal of JJ clusters so that it
is able to get the possession of the land allotted to
it.
7. On 16th October, 2000, after hearing the
matter at length, following order was passed in this
writ petition:
“After hearing learned counsel for the
parties in part we are of the opinion
that D.D.A. and the M.C.D. should
maintain a chart with regard to the
encroachments which have taken place in
the Vasant Kunj area. Both the
organisations should set the targets for
removal of encroachments and after every
fifteen days review the situation.
Copies of the chart and the progress
reports should be filed in court by head
of both the organisations.
On the next date we shall consider the
question of appointment of a committee to
oversee the programme and progress made
in this direction. The S.H.O., Vasant
Kunj, states that he is doing everything
possible to regulate the traffic in the
area. He, however, states that a notice
be issued to the D.C.P.(Traffic)
South-West District. Accordingly, court
notice be issued to the D.C.P.(Traffic),
South-West District, for his personal
appearance on the next date.
Mr.V.Shekhar, learned counsel for the
petitioners, points out that the
condition of roads is pitiable. Learned
counsel for the M.C.D. shall seek
instructions as to whether the roads are
under the M.C.D. or the P.W.D. In case
the roads are under the M.C.D. , the
requisite repairs should be undertaken
immediately.
Mr.Joseph, learned senior counsel for the
Central Social Welfare Board, states that
requisite payment for allotment of land
in favor of the Central Social Welfare
Board has already been deposited with the
D.D.A. Learned counsel has invited our
attention to the counter-affidavit filed
on behalf of his client. According to
the affidavit, the Lt.Governor has issued
orders for removal of encroachments over
plot of land which has been allotted to
the Central Social Welfare Board for
construction of staff quarters. He also
points out that the Central Social
Welfare Board has informed the D.D.A.
that the Board shall bear the expenses
for removal of encroachments. Learned
counsel for the D.D.A. states that she
will seek instructions from her clients
with regard to the question of removal of
encroachments from the aforesaid area.
Learned counsel for the D.V.B. says that
he will be filing an affidavit specifying
the work done by the D.V.B. for
providing street lights in the area. Let
the affidavit be filed within two weeks.
Let the matter be listed on November 9,
2000.
Copy of this order be given dusty to
learned counsel for the parties.”
8. Since the DDA and the MCD did not comply with
the aforesaid directions dated 16th October, 2000 by
filing requisite charts and the progress reports, on
9th November, 2000 an order was passed for personal
presence of the Vice Chairman, DDA as well as the
Commissioner, MCD for 13th November, 2000. On 13th
November, 2000, these officers appeared in person. The
Commissioner, MCD gave an assurance that order dated
16th October, 2000 shall be complied with and targets
in accordance therewith shall be fixed and implemented.
The Vice Chairman, DDA also made a statement to the
effect that he would be filing an affidavit specifying
as to how the problem of JJ clusters shall be tackled
by the DDA. He also said that the DVB can go-ahead
with the work of the laying of cables in Vasant Kunj
area so as to electrify the roads. On this statement
the Executive Engineer, DVB assured the court that the
remaining work of laying the cables and electrification
of the roads in Vasant Kunj shall be started
immediately and the work shall be completed within a
period of three weeks. The matter was taken up
thereafter from time to time but no progress made by
the respective authorities. The progress made by the
authorities, however, was not to the satisfaction of
the petitioners.
9. On 20th April, 2001 after hearing the matter
in detail the following directions were again issued by
the court:
“It is stated by the learned counsel for
the petitioner that there is an acute
water scarcity in Vasant Kunj area and
the residents are receiving water supply
in the flats on the ground floor only for
forty minutes each day. It is also
stated that flats located on first and
second floors do not receive any water
supply directly due to lack of water
pressure. Learned counsel appearing for
the Delhi Jal Board says that various
measures to augment water supply are in
its contemplation. Learned counsel
states that she will be filing an
affidavit to furnish details of such
measures. The Delhi Jal Board should
apprise us of the short term and long
term measures undertaken by it for
removing the water scarcity from the area
in question.
It is also stated by the learned counsel
for the petitioners that the DVB has not
complied with the order dated 16th
October, 2000 whereby the DVB was
directed to provide sufficient street
lights in the area. Learned counsel
appearing for the DVB, however, states
that sufficient lighting has been
provided in areas along the roads of
pockets 2, 3, 4, 5 and 6 in Sector B,
Vasant Kunj, New Delhi.
In so far as the plying and parking of
heavy and medium goods vehicles at
Mehrauli-Mahipal Road is concerned, it is
stated by learned counsel for the
petitioners that there has been no
improvement in the situation. On the
other hand, learned counsel appearing for
the traffic department says that a
notification was issued by the Deputy
Commissioner of Police, Traffic, Delhi
whereby plying and parking of heavy goods
vehicles and medium goods vehicles at
Mehrauli-Mahipalpur road from 6.00 p.m.
to 9.00 p.m. has been prohibited. The
learned counsel for the respondent in
response to the assertion of the learned
counsel for the petitioners states that
heavy and medium goods vehicles are being
plied and parked at Mehrauli-Mahipalpur
road, Delhi at all times of the day and
this can be checked up.
Having regard to the submission of
learned counsel for the parties, we are
of the view that Committee comprising of
Ms.Gita Mittal, Mr.V.K.Sharma, Mr.Sanjeev
Sachdeva and Mr.Rajiv Awasthi should
inspect the area to find out as to
whether the areas under the jurisdiction
of the DVB have been properly lighted or
not. The Committee shall also verify the
claim of the traffic department that the
plying and parking of heavy and medium
goods vehicles in Mehrauli-Mahipalpur
area have been prohibited and the
prohibition is being strictly observed.
Let the inspection be carried out within
the next two days. The report be
submitted before the next date.
It is stated in the affidavit filed by
the MCD that on 29th December, 2000, 18th
January, 2001 and 24th January, 2001, the
necessary police force was not provided
for removal of encroachments. If this be
so, it is a clear violation of our order
by the police department. Let an
affidavit be filed by the concerned
S.H.O. stating as to why on the
aforesaid dates, police force was not
provided to the MCD for removal of the
encroachments. The affidavit be filed
before the next date.
List the matter on 25th May, 2001. A
copy of this order be given dusty to the
learned counsel for the NCT of Delhi.”
10. The Committee of the lawyers constituted by
the aforesaid order inspected the area in question and
submitted its report on 21st May, 2001. The report, in
nutshell, showed that areas in question had not been
fully lighted up by the DVB. Other deficiencies were
also pointed out. Keeping in view the observations
made by the Committee in its report, the court again
gave certain directions by passing the following order
on 3rd August, 2001:
“We have perused the report of the
committee dated 21st May, 2001. From the
report it appears that the areas in
question have not been fully lighted up
by the DVB. Learned counsel for the DVB
says that one more opportunity be given
to the DDA to fully light the area.
Having regard to the statement of the
learned counsel for the DVB we are
willing to give one more opportunity to
DVB. Let the needful be done within four
weeks. Insofar as the regulations of
traffic on the Mehrauli Mahipalpur road
is concerned the A.C.P.(Traffic)
South-West District, who is present in
Court says that further steps shall be
taken to fully comply with the order
dated 20th April, 2001.
It is stated by the learned counsel for
the petitioner that the main reason why
the streets are not free from garbage is
that the sanitation staff of the MCD does
not visit the areas regularly and remain
absent and their place someone else
works. It appears to us that the problem
may be controlled to a very large extent
if the MCD makes the payment to the
sanitation staff by means of account
payee cheques or by crediting the salary
to their individual bank accounts. In
the circumstances, we would direct the
MCD to adopt this method. The MCD will
see to it that by adopting the new method
employees get their salaries at an early
date. Mr.Mukherjee, learned counsel for
the MCD says that he would sit with the
counsel for the petitioner and evolve a
methodology for keeping the colony clean.
The committee should again inspect the
areas to find as to whether our orders
are being complied with by the DVB and
the traffic department. The committee
should inspect the entire Vasant Kunj
area as set out in the map accompanying
the report. Let the report be filed
within four weeks.
It is also the grievance of the
petitioner that the water supply has not
improved. Ms.Geeta Mittal says that she
will seek instructions from her client
and interact with the petitioner. DJB
shall file an affidavit stating the steps
taken by it to improve the water supply.
To come up on 28th September, 2001.
Copy of the order be given to the counsel
for the MCD under the signature of the
Court Master today.”
11. The Committee of the lawyers again inspected
the site and submitted its report. The respondents
were directed to file their responses to this report.
The DVB, MCD and the Traffic police have filed their
responses. The matter was thereafter heard at length.
Now, we would examine each problem in the
light of report of the Committee and responses thereto
filed by the authorities.
1. Plying of heavy and medium vehicles on
the road.
12. The Committee has observed that there is free
flow of heavy and medium goods vehicles on the
Mehrauli-Mahipalpur road although some improvement in
the situation is visible as the number of heavy and
medium goods vehicles now plying is considerably less.
It is further reported that with the commissioning of
flyover there is a smooth flow of traffic on the said
road although there is a persistent blockage of traffic
at the crossing of Mahipalpur and also the Andheria
Modh during peak times. These vehicles are being
parked on the said road even during peak traffic times.
13. As per the stand taken by the Delhi traffic
Police it has issued Notification dated 3rd November,
2000 by virtue of which plying and parking of heavy
goods vehicles and medium goods vehicles on
Mahrauli-Mahipalapur road from 6 AM to 9 PM has been
prohibited. Copy of this Notification has been annexed
along with the affidavit dated 14th December, 2000. In
view of this, Mr.V.K.Shali, learned counsel for this
respondent submitted that statutory steps which could
be taken had already been taken. If the aforesaid
vehicles are still plied on this road during
prohibitory hours, the only option for the traffic
police was to prosecute the offenders which is being
done. To demonstrate, a statement of challans for the
period from 1st January, 2000 to 28th February, 2002
has been filed on 9th March, 2002 giving details of the
type of vehicles, namely, heavy goods vehicles, light
goods vehicles and buses who were challaned during this
period and the offences for which they were challaned
and also giving total number of challans.
14. In these circumstances, no further directions
can be passed on this account as the necessary steps
have been taken by the Delhi Traffic Police. However,
having regard to the submission made by learned counsel
for the petitioners to the effect that the traffic
police was not taking adequate steps for prosecuting
the violators, we would expect that the strict steps
for challaning and prosecuting the offenders be taken
inasmuch as if the traffic police acts sincerely and
seriously, sending message to the violators that it
means business and no offender would go scot free, this
problem can be almost wiped out. We say so in view of
the fact that as per the Committee, the movement of
heavy and medium goods vehicles on this road during
peak hours is still there. Such a regular flow for
these vehicles normally is not expected if there is a
prohibitory order, and therefore, this lends credence
to the submission of the learned counsel for the
petitioners that the traffic police may not be
discharging its duties in right earnest. We would,
therefore, direct the DCP(Traffic) to take personal
interest in the matter and ensure strict compliance of
Notification dated 3rd November, 2000.
2. Lighting up of Vasant Kunj area:
The Committee has painted dismal picture about
this problem in its report as it states as under:
“The Committee inspected the entire
Vasant Kunj area as set out in the Map
accompanying the report dated 23.5.2001
and the position in the rest of the areas
of Vasant Kunj was found to be similar to
the areas inspected earlier. It was
found that most of the areas were without
electricity and barely 10% of the poles
were in working order. At most of the
places the poles were not even having
bulbs or complete fittings and were
largely fixed without serving any useful
purpose. It is submitted that some of
the areas were pitch dark and passage
there from would be a grave security risk
for the residents. The committee
observed that the main
Mahipalpur-Mehrauli was reasonably well
lit however the areas within the various
pockets were by and large without any
lighting. It was observed that even
though on the Main Nelson Mandela Road
there were electricity poles fixed but
most of the times they were not lit up at
all. On the Main Aruna Asaf Ali Road it
was observed that there was no provision
for electrification and for street
lights.”
15. The DVB has filed its affidavit dated 13th
March, 2002 responding to the aforesaid report a
perusal whereof would show that as per the DVB things
are not as bad as projected by the Committee. The
.PL64
relevant paras of this affidavit read as under:
“4. That A total number of 14
inspections have been carried out by the
DVB. On average, street lighting was
found about 90% functional. A chart
giving details of the date of
inspections, the areas inspected, number
of poles checked and number of
poles/street lights found functional is
annexed herewith as Annexure R-5.
5. That endeavor was made to accompany
the members of the Residents Welfare
Association also. The members of the
Residents Welfare Association joined the
inspecting team and have also noticed the
street lights functional. Some of the
Residents Welfare Association have given
the appreciation letters to DVB which are
annexed herewith as Annexure R-6. It is
pertinent to mention here that the
Residents Welfare Association have
appreciated the endeavor made by DVB and
are satisfied with the street lighting
provided in their pockets.”
16. The letters of the Vasant Kunj(C-8) Residents
Welfare Association and B-7 & 9(Vasant Kunj) Residents
Welfare Association have been filed and as per these
letters the DVB is maintaining street lights properly.
This affidavit of the DVB, however, does not address
the problem of electrification on the main Aruna Asaf
Ali road. We, accordingly, direct the DVB to take
necessary steps for electrification of this area
consistent with the earlier orders passed in this
respect from time to time. In case no progress is made
on this front, the petitioners shall be entitled to
approach this court again.
3. Unauthorised occupants/encroachments:
It is an admitted fact that along side the main Mehrauli-Mahipalpur road various temporary and in
some case permanent structures have come up which are
illegal and unauthorised. As per the Committee many JJ
clusters were coming up in the open areas in and around
Vasant Kunj. Same was the position along side the main
Mehrauli-Mahipalapur road where some of these
structures were being used for the purpose of shops as
well. The Committee has also observed that at various
places open areas have been converted and were being
used for the purposes of parking of vehicles and also
for dumping of broken and unused vehicles. Some areas
meant for agricultural land were being misused by
various persons in violation of the Master Plan. The
Committee has annexed various photographs in respect of
its report to the aforesaid effect.
It cannot be disputed that these unauthorised
JJ clusters have to be removed. The matter of
rehabilitation of these JJ clusters is pending before
this court in number of writ petitions wherein this
problem is examined on a wider scale. The JJ (Slum)
department has in fact prepared some schemes for this
purpose. It would be, therefore, appropriate if the
petitioners file a separate writ petition in respect of
this problem in Vasant Kunj area so that it is taken up
along with other matters which are listed on 1st May,
2002. We are saying so because of the fact that in the
instant case, the Slum Department has not been made
party and therefore, there is no response from the
concerned authority and in the absence thereof no
positive directions can be issued. Moreover, it would
be appropriate to deal with this problem along with
other cases related to the same problem. This liberty
is accordingly granted to the petitioners.
So far as parking of vehicles on the open
areas and dumping of broken and unused vehicles in
these open areas is concerned, we direct the MCD as
well as the Traffic Police to take appropriate steps
for removal of the dumped vehicles and also to ensure
that the vehicles are not parked there. Needful be
done by these authorities immediately. If no steps are
taken by the concerned respondents within a reasonable
time, the petitioners shall be at liberty to approach
this court again.
4. Removal of demolished illegal
constructions:
The Committee has reported that at various
places there had been demolition of unauthorised
constructions. However, the demolished structures had
not been removed and had been lying in very dangerous
conditions. Some of these demolished structures were
still being used and were inhabited despite being in
dangerous condition. Photographs are also filed in
support of this contention. We have perused these
photographs and are convinced that the report to this
effect is correct. We direct the MCD to completely
demolish the structures where partial demolition has
taken place and some of the structures though in
dilapidated condition after such demolition, are still
being used. A compliance report be filed in this case
within a period of four weeks from today.
5. Garbage disposal:
The Committee has confirmed the allegations
made by the petitioners to the effect that large
expanse of open areas of land at various places is
being used for dumping of garbage wherein there was
also water-logging of waste water which was becoming a
breeding ground for mosquitoes and pigs. This is a
very serious problem. The Municipal authorities should
be sensitive to such a problem and show adequate
concern by taking necessary steps inasmuch as there can
be a threat of break of epidemic disease, if such
garbage is allowed to remain. It is well known that
epidemic plague which spread in the Surat in 1994 was
primarily because of accumulation of filth and garbage
which acted as breeding ground for rodents. Article
243W readwith twelfth schedule of the Constitution
fastens the responsibility of solid waster management
on the municipalities. It is a mandatory function of
any municipality. There are specific provisions
(Sections 350 to 364) in the Delhi Municipal
Corporation Act, 1957 relating to conservancy and
sanitation. As per Section 350 it is the obligation of
the MCD to secure efficient scavenging and cleansing of
all streets and premises and for that purpose, inter
alia, to provide for the removal of the contents of all
receptacles and depots and of the accumulations at all
places provided for temporary deposit of rubbish and
other polluted and obnoxious matter.
17. We may also put on record that in a Public
Interest Litigation filed in the Apex Court seeking
direction to the local bodies as well as the Government
of India and the State Government to improve the solid
waste management practices, a Committee was appointed
by the court known as Barman Committee which submitted
its report in March, 1999. As a follow up the
Municipal Solid Wastes (Management and Handling) Rules,
2000 were issued by the Central Government in exercise
of its power under the Environment (Protection) Act,
1986. These Rules also cast duties on the
municipalities as well as citizens for solid waste
management.
18. The Municipal Corporation of Delhi is
accordingly directed to take effective steps on
emergent basis immediately for removal of the garbage
as well as water-logging of waste water and clear the
area from such menace. The Municipal Corporation of
Delhi is also directed to ensure that these areas do
not become the places for dumping of garbage in future.
If effective steps are not taken the petitioner shall
be entitled to approach this court for bringing the
same to the notice of the court.
19. The writ petitions are accordingly disposed of
with the aforesaid directions. It is made clear that
the non-implementation of these directions by the
various authorities would be viewed seriously which may
also call for action against the erring officials.