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High Court of DelhiW.P.(C)/5887/2020

Jaya Thakur v. South Delhi Municipal Corporation And ORS

2020-09-01Hon'Ble Mr. Justice Najmi Waziri3 pages

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5887/2020 & CM APPL. 21269/2020 JAYA THAKUR ..... Petitioner Through:

Mr. Brajesh Pandey and Mr. Varun Thakur, Advocates.

versus SOUTH DELHI MUNICIPAL CORPORATION AND ORS ..... Respondents Through:

Mr. Sanjeev Sabharwal, SC for R1/SDMC.

Mr. Amit Bansal and Ms. Seema Dolo, Advocates for R-2/University of Delhi.

Mr. Sumit Jidani, Advocate for R-3 with HC Varun Gullaiya, PS: Hauz Khas.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 01.09.2020 The hearing was conducted through video conferencing.

1. The petitioner is aggrieved by filth and garbage accumulating in and around old dilapidated properties in her neighbourhood, bearing nos. A-14 and P-53, South Extn. Part-II, New Delhi - 49. The stench emanating from it is causing much discomfort throughout the neighbourhood. It needs immediate attention to be looked into. So far, her requests to the authorities have yielded no results. Photographs, annexed to the petition, of the filth strewn in the petitioner‟s adjacent properties depict a rather horrid state of affairs.

The photographs are reproduced hereinunder:

2. The learned Standing Counsel for the South Delhi Municipal Corporation („SDMC‟) submits that the said properties belong to the

University of Delhi. Be that as it may, it is for the civic authority i.e. Corporation, to take appropriate action as per law. Ensuring standards of sanitation, is the duty of the Corporation. Evidently, because the said properties have not even been accessed for quite some time. The petitioner complains of the said abandoned properties becoming regular rendezvous centre for a number of strangers. It lends to disquiet of the residents.

3. The local police is directed to look into the matter and file a Status Report in two weeks. For intimation and due compliance, copy of this order be served upon the Standing Counsel (Criminal) GNCTD, 422 Lawyers‟ Chambers, Delhi High Court.

4. In view of the above, the South Delhi Municipal Corporation („SDMC‟) is directed to ensure that the filth in and around the two buildings is cleaned-up within the next fortnight. If need be, notices/chalans be issued to the occupants of the two buildings, to ensure that the buildings are regularly cleaned and do not pose a health hazard to citizens. Status Report, along with photographs, be filed in this regard in the next two weeks, failing which the matter shall be listed for directions on 23rd September 2020.

5. The writ petition, alongwith pending application, is disposed-off with the aforesaid directions.

6. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through email. NAJMI WAZIRI, J SEPTEMBER 1, 2020 AB