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Judgment
CM APPL. 51375/2019 has been filed by the DDA seeking clarification of the Order dated 31.08.1995. By way of the application, the DDA has prayed for grant of permission to the DUSIB for construction of public community toilets/Jan Suvidha Complex at a place which has been earmarked as open space/green area.
This Court had appointed Mr. Siddharth Aggarwal, learned Senior Advocate as Amicus Curiae to assist the Court as the Petitioner has passed away. Learned Amicus Curiae has drawn the attention of this Court towards the affidavit dated 19.07.1995, filed by the MCD. The said affidavit reveals that the MCD had decided not to construct a Jan Suvidha Complex at the disputed place, and the MCD had instead decided to develop a Shishu Vatika (Park) at the site. Based on the said affidavit, this Court on 31.08.1995 disposed of the Writ Petition. The learned Amicus Curiae states that 27 years have passed and now a stand is being taken by the DDA and the DUSIB that the land be used for construction of a public toilet. He states that the authorities have no reason for not using the land for a park for the last 27 years.
Today, learned Counsel for the MCD has stated in open Court that the MCD has not changed their stand. A boundary wall has been constructed at the disputed site and a Mali has also been appointed to look after the park. He submits that the park is under the MCD, and the question of construction of a Jan Suvidha Complex in place of the park does not arise.
Learned Counsel for the DUSIB has submitted that there is a need to construct toilets and they have already constructed toilets at JJ Clusters. However, it is submitted that more toilets need to be constructed.
It is unfortunate that even though the Order was passed in 1995, the DDA and the DUSIB are still fixated on the issue of the park.
In light of the categorical statement made by the learned Counsel for the MCD that a park is in existence at the disputed site, this Court is not inclined to allow the application.
Accordingly, the same is rejected.
This Court appreciates the sincere efforts made by the learned Amicus Curiae who has assisted this Court.
It is needless to mention that the DUSIB, DDA and MCD will sit together and will resolve the dispute by assigning an alternate land for construction of a Jan Suvidha Complex.