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High Court of DelhiW.P.(C)/8667/2014

Sandeep Bedi & ANR v. South Delhi Municipal Corporation & ORS

2016-03-04Hon'Ble Mr. Justice A.K. Pathak3 pages

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8667/2014 & CM Nos.4539/2015 & 29015/2015 SANDEEP BEDI & ANR ..... Petitioners Through :

Mr.

Pradeep K.

Bakshi and Mr.

Kushagra Pandit, Advs.

versus SOUTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through :

Mr. Balendu Shekhar, Adv. with Ms.

Soniya Rathore and Mr.

Eishaan Bahuguna, Advs. for SDMC with Mr.

Deepak Kapila, AE in person.

Mr.

Santosh Tripathy, Adv.

for DJB/R-2.

Mr. Naushad Ahmed Khan, ASC (Civil), GNCTD with Ms. Neelam Kholiya, Adv. for R-3/GNCTD.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 04.03.2016 During the course of hearing, grievance raised by the petitioners is that sewage water flows and accumulates on the road and near the property of petitioners, that is, 'Bedi Farm House'.

In the minutes of meeting held on 31st December, 2015 under the chairmanship of Commissioner (SDMC) at Civic Centre, inter alia, this issue has been noticed as under:- "During the course of discussion, it was revealed that since, geographically the village is situated at

higher level as compared to adjoining areas, the project department South Zone, SDMC has constructed a sump well and booster pump at Phirni Road of Village Jonapur for out flow of untreated sewage/waste water of rural village Jonapur.

It has been noticed that when SDMC pump house does not function properly due to any reason, such as power failure or mechanical fault, the generated waste water gets accumulated in low lying area near Bedi Farm House.

In view of this, Commissioner SDMC directed that SE(E&M) shall ensure that the pump house functions properly and under no circumstances accumulating of waste water takes place in this area.

SE(E&M) shall personally monitor the working of this pump house regularly. "

(emphasis laid) Accordingly, writ petition is disposed of with the directions to respondent no.1/SDMC to ensure that the pump house functions properly and under no circumstances, there is accumulation of sewage/waste water in the area, more particularly near the property of the petitioners. SE(E&M) is directed to personally monitor the working of the pump house and see that directions as contained in para no.2 of the minutes of meeting are complied

with.

Copy of the order be given dasti to counsel for respondent no.1 to serve on SE(E&M) for information and compliance. Miscellaneous applications are disposed of as infructuous. A.K. PATHAK, J.

MARCH 04, 2016/dk