Full Text
HIGH COURT OF DELHI
CONT.CAS(C) 737/2014
VED PAL ..... Petitioner
Through Ms.Anju Jain with Mr.Hitesh Sachar, Advocates.
OF DELHI ..... Respondent
Through Mr.Gautam Narayan, ASC with Mr.Shatrajit Banerji, Ms.Shruthi
Parada and Mr.R.A.Iyer, Advocates for GNCTD.
Mr.Ajay Digpaul with Ms.Mohita, Advocates for SDMC.
Mr.Moni Cinmoy with Ms.Shilpa, Advocates for DSIIDC.
Ms.Biji Rajesh, Advocate for DJB.
Date of Decision: 18th July, 2016
JUDGMENT
C.M.No.25218/2016 in CONT.CAS(C) 737/2014
1. Present application has been filed seeking a direction to respondents to take immediate remedial measures to ensure that the Aya Nagar Colony is not water logged and that the directions given 2016:DHC:4997 by this Court on 16th July, 2015, 15th December, 2015 and 01st June, 2016 are complied with.
2. This Court may mention that the present contempt petition has been filed alleging wilful disobedience of the order dated 21st May, 2014 wherein directions were given by the Division Bench for cleaning the village pond. However, there was no direction to provide drainage facility to the residents of Aya Nagar, which admittedly is an illegal and unauthorized colony.
3. It is the case of the respondents that the petitioner has encroached upon low-lying areas and that too in a ridge, which is the green lung of the city and which needs to be recharged during the monsoon.
4. Learned counsel for the respondent denies that Aya Nagar is situated on ridge land.
5. However, as admittedly the petitioner has randomly encroached upon public land which has no sewage and drainage facility, water is bound to accumulate.
6. This Court clarifies that all the orders passed by it in the contempt jurisdiction are in conjunction and in relation to cleaning of the village pond. No lis has been determined with regard to the sewage and drainage facility in Aya Nagar Colony either in the writ petition or in this contempt petition. In fact, from the arguments advanced, it is apparent that the writ petition and contempt petition had been filed for a collateral purpose. However, this issue would be examined on the next date of hearing.
7. In any event, no pump house or drainage facility or sewage facility can be constructed overnight. Consequently, the present application stands dismissed. MANMOHAN, J JULY 18, 2016 KA