Dr Lata Bhargava v. Delhi Jal Board & ANR

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2767/2017 DR LATA BHARGAVA ..... Petitioner Through:

Mr. A. Maitri and Ms. Radhika Chander Shekhar, Advs.

versus DELHI JAL BOARD & ANR ..... Respondents Through:

Mr. Sumeet Pusharkana, Standing Counsel with Mr. Devanshu Lahiri, Adv. for R1.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 18.01.2018 CM. No. 12031/2017 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.

W.P.(C) 2767/2017 Present petition has been filed by the petitioner with the following prayers:

"It is, therefore, most respectfully prayed that this Hon‟ble Court may graciously be pleased to:

(i) Pass an appropriate writ, order or direction to quash the Notice No.II/1520101753 dated 09.03.2017, issued against K. No. 1520101000 as the same is unconstitutional, unlawful, unenforceable and is contravention of Delhi Jal board Act, 1998; (ii) Pass an appropriate writ order or direction for quashing

the Bill No. 152012002867 dated 01.03.2017 for K. No. 1520101000 installed at Premises No. 2322, Main Bazar, Subzi Mandi, Delhi;

(iii) To direct the Respondent to disconnect alleged water supply through K. No. 1520101000, installed at premises No. 2322, Main Bazar, Sabzi Mandi, Delhi;

(iv) Any other relief (s) which this Hon‟ble Court deems fit, just, proper and expedient under the facts and circumstances of the case be awarded to the petitioner."

Mr. Sumeet Pushkarna, learned Standing Counsel appearing for the respondent Delhi Jal Board states, as the petition involves disputed question of facts in view of the order dated December 23, 2015 passed by this Court in W.P.(C) 12206/2015, the matter be referred to the Director (Revenue), Delhi Jal Board for adjudication of dispute, if any, subject to payment of complete dues by the petitioner.

Mr. A. Maitri, learned counsel appearing for the petitioner states, he has no objection if the matter is referred to Director (Revenue), but the dues to be deposited should be 50% of the amount claimed. I have been told, as on date, dues claimed are of `81,280/-.

Subject to petitioner depositing `40,000/- with Delhi Jal Board within two weeks, the matter is referred to Director (Revenue), Delhi Jal Board. Petitioner shall appear before Director (Revenue), Delhi Jal Board on February 8, 2018 at 4 PM. The aforesaid payment of the petitioner is without prejudice to the rights and contentions of the parties and shall be subject to the final order to be passed by Director (Revenue), Delhi Jal

Board.

In terms of the above, the petition is disposed of. If the petitioner is still aggrieved, she is at liberty to seek such remedy as available in law.

CM. No. 12030/2017 (for stay) In view of the order passed in the writ petition, the application is disposed of as infructuous.

V. KAMESWAR RAO, J JANUARY 18, 2018/jg