Ved Pal v. Govt. Of NCT Of Delhi

$~22 *IN THE HIGH COURT OF DELHI AT NEW DELHI + VED PAL ..... Petitioner Through :

Ms. Anju Jain, Mr. Hitesh Sachhar and Mr. Rishi Pal, Advs.

versus GOVT. OF NCT OF DELHI ..... Respondent Through :

Ms. Urvi Mohan, Adv. for Mr. Sanjoy Ghose, ASC for GNCTD.

Mr. Sumeet Pushkarna, Standing Counsel for DJB with Mr. Sahil Ghai, Adv.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR

O R D E R

% 18.09.2017 1.

This writ petition makes a grievance that the water body in Village Ghitorni has become a sewage collection spot. We had called for status report from the GNCTD and had also impleaded Delhi Jal Board as one of the respondents in this matter. 2.

In the status report dated 21st July, 2017, filed by the Delhi Parks and Gardens Society, Department of Environment, Government of National Capital Territory of Delhi, we are informed as follows :

"I, Dr. S.D. Singh, Son of Shri Tainu Ram, aged 55 years, CEO, Delhi Parks And Gardens Society (DPGS), Department of Environment, GNCTD, I.P. Estate, New Delhi-110002, do hereby solemnly affirm and declare as under :- 1.

That I am conversant with the facts of the present case and as such am competent to depose and file the present affidavit.

2.

I state that review meeting was held in the office of Deponent on 19.7.2017 at 3:00 PM to assess the progress regarding revival of water body of Ghitorni Village, Khasra No.434 (17-19) of Distt. New Delhi. Earlier given directions were monitored on revival and development this water body.

Minutes of meeting for perusal and attendance of the meeting held on 19.7.2017 at 3:00 PM are attached as Annexure-I.

For review of action taken and action to be taken.

a) Time bound action plan has been decided for area demarcation by the Revenue Deptt.

b) Removal of construction waste and repair of boundary wall has already started by I&FC which will be completed in another 15 days time.

c) Estimate for debris cleaning from water body has been put up for sanction. Directions have been given for issuing administrative approval in a week time to start the cleaning work.

d) For plantation and further maintenance of the water body on long term basis, BDO has been directed to get the action plan from I&FC and do the needful for approval to ensure its ecological sustainability. e) Police help can be taken at any point of time of work implementation if required.

3.

I state that submission of Delhi Jal Board has been received on 19.5.2017 wherein it is stated that "sewer

network has been laid in Ghitorni Village except about 2 Km. Sewer lines. The same be taken up after monsoon period.

After completion of laying of sewer line, notification for sanction of sewer connections will be processed which may take further two-three months. It is expected that after taking sewer connections by the residents, the sewage flowing through PWD drain into water body shall be stopped completely" (Annexure - II). 4.

I state that letter dated 14.7.2017 alongwith copy of report regarding visit made at Khasra No.437 (17-19) received from BDO (South West) wherein an estimate for Rs.40.78 Lacs has been received from Executive Engineer, I&FC for other development works of the pond and the same has been sent to DC (New Delhi) for sanction of the competent authority (Annexure - III)."

(Emphasis by us) 3.

The Delhi Jal Board has also filed its status report dated 3rd August, 2017 stating as follows :

"3.

Ghitorni village did not have any sewage facilities and hence the flow of sewage is unauthorizedly being made into the water body from the village. As a long term measure, the village is now also being provided with a sewer network.

4.

Sewer network has been laid in Ghitorni village except for balance work of about 2 km sewer lines. The same will be taken up after monsoon period. It will take about 3 months for balance work to be completed after monsoon.

After completion of laying of sewer line, a notification for sanction of sewer connections will be processed which may take a further period of two - three months.

Thus, by March 2018, the complete work is likely to be finished and PWD drain will stop discharging sewage in the water body from the unauthorized source." (Emphasis by us)

4.

A perusal of the above reports would show that the concerned authorities are seized of the urgency of the matter and are undertaking the necessary steps. The respondents shall ensure that the steps set out in their status reports are taken on emergent basis. The Delhi Jal Board shall ensure that the timeline specified in its status report dated 3rd August, 2017 is strictly complied with. 5.

In view of the above, this writ petition does not need to detain us any longer and further proceedings are closed. 6.

We give liberty to the petitioner to seek revival of this writ petition in case, the respondents do not abide by the commitments made by them in their status reports.

Dasti to parties.

ACTING CHIEF JUSTICE C.HARI SHANKAR, J SEPTEMBER 18, 2017 aj