ANAND PARVAT RESIDENTS ASSOCIATION (REGD.) vs RAMJAS FOUNDATION

THIS revision is directed against the order of District Forum-I dated 18.8.94. Brief facts necessary for the disposal of this petition are that on a complaint, filed by Anand Parvat Residents Association, the District Forum issued certain directions by Order dated 6.2.92. These were in regard to supplying of water to the complainants and levy of charges for the use thereof, apart from keeping the water supply lines and tanks etc., in clean and hygienic condition. Both the parties to the dispute filed appeal against those directions but the same were dismissed. By orders passed from time to time, efforts were made by the District Forum to implement the aforesaid directions given in order dated 6.2.92. One such order is dated 14.7.93 in which the District Forum reiterated the directions referred to above and further directed that the same shall be implemented within a period of three months, on pain of a punitive action. Various suggestions to implement the aforesaid directions were also considered. There were meetings between both the parties. Ultimately one of the ways found was that the responsibility of supplying water be taken over by MCD. It was noted in the order dated 12.7.94 that actual taking over by MCD was likely to take about five days. It was noted that all formalities in this connection had been completed by the respondent-Society. THIS was followed by the impugned order dated 18.8.94. It was noted that water was being supplied to the complainants as heretofore and that it would take sometime before the MCD took over the water supply system to the complainants and other similarly situated persons. Assurance was again given by Mr. Tyagi, appearing for the Society, that the water would continue to be supplied as before. Thereafter, the District Forum proceeded to observe that no other orders were possible and therefore directed the file to be consigned. Aggrieved, the complainants have preferred this revision.

WE have heard the representatives of the petitioner Association and Mr. Tyagi, learned Counsel for the respondent-Society. It is not disputed that so far MCD has not taken over the water supply system in question. It is also not disputed that the directions issued by the District Forum dated 6.2.92 have become final between the parties. It is further not in dispute that those directions have not been implemented, atleast in part. WE, therefore, are at a loss to understand how the matter should have been consigned to record. In our view it was clearly the duty of the District Forum to take the matter to its logical conclusion and to see that the directions which had been issued earlier were implemented. WE, therefore, allow the revision petition, set-aside the order of the District Forum dated 18.8.94 and direct the said Forum to re-admit the matter against its original number and proceed further according to law so that the directions in the order dated 6.2.92 are implemented in letter and spirit. Disposed of in these terms. Petition disposed of.