Kanwar Lal Yadav & ANR v. Govt. Of NCT Of Delhi & ANR
$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3125/2018 KANWAR LAL YADAV & ANR ..... Petitioners Through:
Kamlesh Mahajan, Advocate.
versus GOVT. OF NCT OF DELHI & ANR ..... Respondents Through:
Mr. Birendra Singh, Zonal Engineer, Delhi Jal Board.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
O R D E R
% 25.10.2018
1. Vide the present petition, the petitioner seeks direction thereby directing the respondent No. 2 to remove the water connections which have been illegally connected near the distribution valve of the main pipe line supplying water to the Bhukhibagdi Chowk towards NorthSouth of the area known as Rajokri Village.
2. Learned counsel appearing on behalf of the petitioner said that despite lowering the pipeline, the pressure/flow remain unsaved and the petitioners are still facing hardship in getting water. The petitioners were facing very hardships without sufficient water pressure and hence on 7th July, 2017 issued a legal notice to the Zonal Engineer, South - III, Delhi Jal Board with a request to kindly remove the water connections taken from the dividing valves so that the flow of water is restored, which was duly served and in reply thereof, the petitioners were advised to approach the Executive Engineer (South) - I, Saket.
3. In reply to the present petition, the counter affidavit has been filed by respondent No. 2 whereby stated that Rajokari is a rural village and situated on undulated topography of the ground. There is no filtered water supply available at present. The village totally depends on tube wells and tankers which is being operated and monitoring by Delhi Jal Board. The water supply to Brahamin Mohalla near Bhukhibagdi Chowk and adjoin area is being provided from three tube-wells situated about One Kilometer away on Nathupura road through 80 mm and 100 mm dia water distribution lines. The Brahamin Mohalla near Bhukhibagdi Chowk has already connected with the system.
There is no main water line at the mentioned location but due to having undulated topography of this area including Brahamin Mohalla near Bhukhibagdi Chowk, water supply has been divided into three pockets and as per availability of water of source, the supply to each pocket on alternative day by operation of the sluice valves so that water supply could be made available to all the residents. However, due to situated on higher elevation in respect of other availability of water quantify is less in respect to others.
4. It is further stated that with respect to the allegations about unauthorized water connections, it is stated that action of illegal water connections for which notice has been taken by Zonal Revenue Officer (South West) - II, Delhi Jal Board. As on routine part of checking DJB, a survey is being conducted by official to identify illegal water connections and also taking action against defaulters with the help of area SHO. Morever, in view of the order dated 20.04.2017 passed in W.P. (C) 747/17, Delhi Jal Board issued NIT on
02.05.2017 and thereafter work order on 27.05.2017 for replacement of old water line in Bhuki Bargi Chowk to Pandit/ Brahiman Mohalla in Rajokari Village, Mehrauli. As per work order the said work completed in 45 days. Accordingly, the said pipeline was changed.
5. Keeping in view, the affidavit filed by the respondent No.2, no further order is required to be passed. However, the said respondent is directed that if any illegal connection valve or without valve anywhere is at the site, they shall remove the same and if any citizen take the law in hand, they are at liberty to get the case registered against him/her.
6. In view of the above, the petition is disposed of. SURESH KUMAR KAIT, J OCTOBER 25, 2018 rd