Subhash Vijayran v. Delhi Development Authority

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

Hon'ble Court may deem fit and proper in the facts and 2019:DHC:5910-DB circumstances of the case in the interest of justice and to meet the ends of justice.”

2. Having heard petitioner in person and counsel for the respondents and looking to the facts and circumstances of the case, it appears that facilities like electricity, water, toilet etc are not available at the guard rooms of the residential colony of this petitioner, and this petitioner wants all these facilities to be provided in the guard rooms of his colony.

3. In fact, the Residents Welfare Association should have provided these facilities at the guard rooms instead of filing the present writ petition. The guards belong to the Residents Welfare Association. If the residents of the aforesaid colony which is referred to in this writ petition are unable to provide electricity, water, toilet facilities to their own guards whom they have engaged, then they should not have engaged those guards. Nonetheless, looking to paragraph nos. 11 and 12 of the counter affidavit dated 23rd April, 2019 filed by the Respondent No.1, Respondent No.1 has already provided 11 toilets for the guards. So far as supply of the electricity, water etc., the Residents Welfare Association of the colony should have provided these facilities to their own guards. Paragraph no. 11 of the counter affidavits reads thus:

4. In view of the above, there is no legal obligation on the part of the respondent(DDA) to provide electricity or water to the guards engaged by Residents Welfare Association of the colony. Hence, there is no substance in this writ petition and the same is therefore dismissed without any order as to costs. CM No. 29303/2018 (directions)

5. In view of the dismissal of the writ petition, this application stands disposed of.

CHIEF JUSTICE C.HARI SHANKAR, J. NOVEMBER 13, 2019