Monu Singh & ORS v. Delhi Jal Board & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1381/2017 MONU SINGH & ORS ..... Petitioners Through Mr. R. K. Saini, Adv.

versus DELHI JAL BOARD & ANR .... Respondents Through Mr. Kamal Kant Jha with Mr.

Siddharth Jha, Mr. Prabhakar Thakur and Mr. Krishna Kumar, Advs. for DJB.

Mr. Sanjay Dewan, Adv. for R2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 30.01.2019 1.

The petitioners have filed the present petition, inter alia, praying as under:

"A Writ of Mandamus directing Respondents Nos. 1 and 2 to immediately, within a time bound frame, make provisions/arrangements vis-a-vis the demised property/land, for:

(i) laying down of water pipeline/connection thereto (ii) laying down of sewer line in front thereof and its connection thereto with the main sewer line on the opposite side across the road

(iii) construction of a nail connecting the existing nail in front of house No. 1 to the main nalah on the opposite side across the road, as per the proposed PLAN-cum-site PLAN (Annexure P-7)2."

2.

The petitioners claim to be in possession of a portion of certain land located in Khasra No.142/1, village Kotla, Delhi. It is the petitioners' case that the said property was acquired, however, physical possession of the built up property was not taken by the concerned authorities. The petitioners' grievance in the present petition is regarding non-provision of amenities, including sewerage lines and water lines to the petitioner's house.

3.

Mr. Saini, learned counsel appearing for the petitioners submits that the sewerage line has now been laid and the petitioner's grievance in this regard stands redressed. He submits that the water lines have been provided to the entire village, and the grievance in that regard, also does not survive. However, a water connection has not been provided to the petitioners' house / property. He states that the village is located on one side of the road, and the petitioners' property is located on the other side of the road.

4.

The learned counsel appearing for the Delhi Jal Board submits that the petitioners have not made any application in the prescribed manner and, therefore, they cannot be permitted to agitate their grievance before this Court directly. This contention is merited. 5.

The petitioners are at liberty to make a formal application to the Delhi Jal Board.

In the event, such an application is made within a period of two weeks from today, Delhi Jal Board shall consider the same

in accordance with law as expeditiously as possible, and preferably within a period of four weeks thereafter. It is clarified that nothing stated in this order should be construed as conferring any right on the petitioner with regard to the property, which is claimed to be in their possession. 5.

The petition is disposed of with the aforesaid observations. 6.

Order Dasti.

VIBHU BAKHRU, J JANUARY 30, 2019 DR