Gram Sewa Samiti vs Commissioner South Delhi Municipal Corporation And Ors

The Gram Sewa Samiti Mahipalpur is before this Tribunal seeking directions to the respondents as detailed in the prayer column. The directions sought are here under:

Removal of garbage and cleaning of the Hauz i.e. natural water harvesting system situated in Village Mahipalpur.

Cleaning of drains/ manholes on the National Highway No.8 at the Vasant Kunj-Mahipalpur Road Junction;

Construction of a proper rain water drainage system on the National Highway No. 8 at the Vasant Kunj-Mahipalpur Road Junction;

Cleaning and covering up of 200 ft. open portion of the main drain situated at A- Block, Main Road Mahipalpur, New Delhi.

In response to the notice the respondents have entered appearance and filed their replies. Respondent No. 4-National Highway Authority of India in para-5 of its affidavit has taken a plea that under Section 5 of the National Highways Act, 1956 responsibility is cast on the Central Government to develop and maintain in proper repair all national highways in the country. The Central Government, in exercise of that power, has issued notification in this regard resorting to section 11 of the National Highways Authority Act, 1988. Referring to the notification it is submitted that the relief sought in the application is therefore already satisfied and no further order is required. Respondent No. 4 seeks dismissal of this Application.

The Learned Counsel for the applicant submits the grievance brought before the Tribunal is with regard to water logging due to blocking of two of the three manholes at the Vastant Kunj Mahipalpur Junction due to construction of Flyover at NH-08. He referred to Public Interest Litigation in Writ Petition No. 4435/2015(c) which has been dismissed on 07.08.2013. He submits that it has no bearing on the present proceedings as contented by the Respondent No. 4. As far as Respondent no. 5- DDA is concerned it has taken a stand, in view of National Highway Act the areas referred to in the application come in the jurisdiction and preview of the Public Works Department of New Delhi and therefore DDA has no role to play.

We have considered the averments in the replies and other attending circumstance. We have perued the reply filed by Respondent No. 1 who has brought out that Mahipalpur is an unauthorized colony and there is no sanction layout plan of the colony consequent to which there is no proper sewage system and hence there is unchecked flow of sewage. However, they contend that to prevent clogging regularly de-silting of the main drain at A-Block, Main Road Mahipalpur, New Delhi should be done.

The contentions urged by the applicant and the respondents have received our serious consideration. On such consideration we are of the opinion that this application need not pend further for disposal in the Tribunal. It could be disposed of with the following direction.

The South Delhi Municipal Corporation within whose jurisdiction Mahipalpur Colony comes is directed to ensure that the National Water Harvesting system installed at Village Mahipalpur is regularly cleaned and maintained to allow the water system to be operational without any shortcoming.

It shall clean manholes at NH-8 Vastant Kunj, Mahipalpur to the extent that the area comes within jurisdiction.

Such of the areas which are beyond the territorial limit or jurisdiction of SDMC forms part of Mahipalpur and NH-8. We direct the Respondent no-4 to ensure that manholes/ drains in Mahipalpur at NH-8 are regularly cleaned, maintained and ensure free flow of sewage without causing adverse impact on the living of the people and environment.

We further direct that the proper rain water drainage system be constructed along with NH-8 at Vasant Kunj-Mahipalpur Road Junction and other area which comes under the jurisdiction of Respondent no.4.

These directions should be complied strictly and periodically reports once in three months shall be filed in the Tribunal.

We further direct the registry, whenever the report is filed it shall be registered as Original Application and place before the Tribunal.

In view of these directions the Original Application No. 366/2016 stands disposed of with no order as to cost.