Ebbani Aggarwal and Anr v. South Delhi Municipal Corporation and Anr

Delhi High Court · 11 Feb 2020 · 2020:DHC:973-DB

D. N. Patel; C. Hari Shankar

W.P.(C) 1783/2014

2020:DHC:973-DB

administrative petition_allowed

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The Delhi High Court directed municipal and development authorities to fulfill their statutory duties by ensuring a healthy environment, proper waste management, infrastructure maintenance, and adequate parking in Dwarka.

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W.P.(C) 1783/2014
HIGH COURT OF DELHI
Date of Decision: 11th February, 2020

W.P.(C) 1783/2014 and CM Nos. 19009, 19010/2015, 460/2020
EBBANI AGGARWAL AND ANR ..... Petitioners
Through: Mr. Anil K. Aggarwal and Prof Madan Mohan, Advs.

VERSUS

SOUTH DELHI MUNICIPAL CORPORATION & ANR..... Respondents
Through: Mr. Ajjay Aroraa and Mr. Kapil Dutta, Advs. for R-1/South Delhi
Municipal Corporation Ms. Rukhmini Bobde, Ms. Shagufa Salim, Mr. Nivesh Kumar, Ms. Parul Panthi and Mr. Amit Kumar
Srivastava, Advs. for R-2/Delhi Development Authority
Mr. Anuj Aggarwal and Mr. Ankit Monga, Advs. for R-DCP West
ASI Satbir Singh from PS Sector 23, Dwarka SI Mukesh Kumar from PS Dwarka
South

CORAM:

HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR O R D E R 11.02.2020
2020:DHC:973-DB D.N. PATEL, CHIEF JUSTICE (ORAL)

JUDGMENT

1. This Public Interest Litigation has been preferred with the following prayers:

“A. to issue a writ of mandamus and/or any other appropriate writ/s, order/s or direction/s directing respondent no. 1 to discharge it's constitutional as well as statutory obligation of providing a healthy and safe environment to the residents of Dwarka.

B. to issue a writ of mandamus and/or any other appropriate writ/s, order/s or direction/s directing respondent no. 1 to devise an appropriate and effective solid waste management system, particularly for the solid waste produced by the societies.

C. to issue a writ of mandamus and/or any other appropriate writ/s, order/s or direction/s directing respondent no. 1 to repair and maintain roads, side lanes/service roads and footpaths all over Dwarka sub-city.

D. to issue a writ of mandamus and/or any other appropriate writ/s, order/s or direction/s directing respondent no. 2 to obtain the necessary license for operation of markets from respondent no. 1.

E. to issue a writ of mandamus and/or any other appropriate writ/s, order/s or direction/s directing respondent nos. 1 and 2 to make proper provision for adequate space and facility for parking of vehicles in the market places.

F. Pass such other writ/s, order/s or direction/s as this Hon'ble

Court deems fit and proper in the facts and circumstances of the case and in the interest of justice including cost to the petitioner.”

2. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that several grievances have been ventilated by this petitioner about the residents of Dwarka area at Delhi. The grievances pertain to healthy and safe environment, repairs and maintenance of roads and footpaths, solid waste management, parking facilities etc. in Dwarka area.

3. Looking to the affidavits and the status report filed by the respondents, it appears that several steps have already been initiated by the respondents.

4. Nonetheless, we hereby direct the respondent nos. 1 and 2 to provide healthy and safe environment to the residents of Dwarka, New Delhi. Roads, footpaths and parking shall be properly maintained by the respondent nos. 1 and 2. Similarly, respondent nos. 1 and 2 shall make every endeavour to implement solid waste management system in the area in question in accordance with law, rules, regulations and Government policy applicable to the facts of the case.

5. With these observations/directions, this writ petition is hereby disposed of. CM Nos. 1900[9], 19010/2015, 460/2020

1. In view of the disposal of the writ petition, these applications also stand disposed of.

CHIEF JUSTICE C.HARI SHANKAR, J. FEBRUARY 11, 2020

Ebbani Aggarwal and Anr v. South Delhi Municipal Corporation and Anr

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