Delhi Anusuchit Jati Vikas Sangthan v. North Delhi Municipal Corporation & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P. ( C ) 6004 /2016 & CM No. 24712/2016 DELHI ANUSUCHIT JATI VIKAS SANGTHAN ..... Petitioner Through : Mr. Vikas B. Pakhiddey, Advocate.

Versus

NORTH DELHI MUNICIPAL CORPORATION & ANR.

..... Respondents Through : Ms. Monika Arora with Mr. Kushal Kumar, Advocates for NDMC.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

27.07.2016 CM No. 24712/2016 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

3.

The present petition has been filed under Articles 226 of the Constitution of India in public interest seeking a direction to the respondents to construct market/work centre in C, D and E Blocks of J.J. Colony, PhaseII, Nangloi, Delhi. 4.

The petitioner claims to be a society registered under the Society Registration Act, 1860, working as an Non - Governmental Organization (NGO) engaged in the upliftment of the people deemed as Scheduled Castes for the purposes of the Constitution and other down trodden people

employing various welfare measures for improving their living conditions. 5.

It is pleaded in the writ petition that the petitioner wrote a letter dated 17.10.2008 to the Commissioner, Municipal Corporation of Delhi (MCD) requesting to finalize the date of construction of the Market/Work Centre for the benefit of the public. Subsequently, a meeting dated 17.10.2008 was held by the Commissioner, MCD in which the Chairman of the petitioner association had also participated. Vide minutes dated 21.10.2008, it was directed that the work for construction of the workplace for SC/ST candidates be undertaken by the Slum & JJ Department. The assurance given by the Chief Engineer (Slum) that all required formalities would be completed by 31st December, 2008 and construction would start by 1st January, 2009 was placed on record. The said decisions were also reiterated in the subsequent meetings held by the Municipal Corporation of Delhi and the formalities and estimates for construction of the Market were finalized. 6.

It is contended by the learned counsel for the petitioner that despite the said decisions taken long back in the year 2009, no action whatsoever has been taken till date for construction of the Market/Work Centre in JJ Colony. 7.

The learned counsels for the respondents No. 1 & 2 who appeared on advance notice submitted that every effort is being made to commence the construction work.

8.

A perusal of the material available on record shows that the Commissioner of the North Delhi Municipal Corporation held a meeting with all the concerned officials on 16.02.2016 and directed the Additional Commissioner to issue NOC within seven days for construction of the

Market in place of C & D toilet blocks. However, it appears that the directions have not yet been implemented.

9.

We, therefore, consider it appropriate to dispose of the writ petition with a direction to the respondents to do the needful within eight weeks from today and file a compliance report before this Court within two weeks thereafter. The Report shall also be communicated to the petitioner and, if still aggrieved, the petitioner is at liberty to file a fresh petition. CHIEF JUSTICE SANGITA DHINGRA SEHGAL JULY 27, 2016/ gr