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W.P.(C) 1140/2016
SHARAD TIWARI ..... Petitioner
Through: Mr. Sugriva Dubey, Advocate with Mr. Peeyush Bhatia, Advocate
Through: Mr. Ajjay Arora, Advocate with Mr.D.K. Puchwanda, Advocate for
MCD.
Mr. Sanjay Ghose, ASC with Ms.Pratishtha Vij, Advocate for
GNCTD.
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL O R D E R
13.07.2016
JUDGMENT
1. This petition by way of Public Interest Litigation has been filed by with the following prayers: "a) The Hon'ble Court may kindly quash Section 3 amending Section 2 of the Principal Act i.e. Municipal Corporation Act in the facts and circumstances of the petition. b) Further Section 4 & 5 of the Amended Act of the Municipal Corporation of Delhi may kindly be quashed and set aside in the interest of justice. c) The sanitary and hospital employees of all the three Municipal Corporations of Delhi may kindly be ordered to be paid their salaries and wages by the Govt. of NCT of Delhi till the Municipal Corporations are turned into one Corporation i.e. without considering the different zones of the MCD i.e. South, 2016:DHC:4920-DB East and other zones of the MCD in the interest of justice. d) Any other relief which this Hon'ble Court may deems fit and proper also be passed in favour of the petitioner."
2. In relation to the prayer (a) and (b), we find from the record that except incorporating the statutory provisions, the petitioner failed to make out any ground for quashing the said statutory provisions.
3. So far as prayer (c) is concerned, admittedly the strike of the employees of the Corporation has already been called off.
4. Hence, cause of action does not survive and the petition does not deserve consideration on merits.
5. Accordingly, writ petition is disposed of with a direction that the Government of NCT of Delhi to ensure release of funds to which the Corporations are entitled to without any delay. The Corporations shall also ensure payment of salaries to all its employees promptly.
CHIEF JUSTICE SANGITA DHINGRA SEHGAL, J JULY 13, 2016