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Delhi High Court - Orders

Sh. R K Das & Ors vs Delhi Development Authority And Ors on 30 June, 2020

Author: Najmi Waziri

Bench: Najmi Waziri

$~6
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     W.P.(C) 638/2020

      SH. R K DAS & Ors.                             .....Petitioners

                         Through:   Mr. Pawanshree Agarwal and Ms.
                                    Abhipsa Anamika, Advocates for P-1.
                                    Mr. Ayush Sharma, Advocates for P-
                                    2, P-3, P-4, P-5 & P-6.
                                    Mr. Akarsh Garg, Advocates for P-7
                                    & P-8.
                         versus

      DELHI DEVELOPMENT AUTHORITY AND ORS. .....
                                        Respondents

                         Through:   Mr. Vaibhav Agnihotri and Mr.
                                    Miling Jain, Advocates for R-
                                    1/DDA.
                                    Mr. Robin R. David, Mr. Febin M.
                                    Varghese, Mr. Dhiraj Philip and Mr.
                                    Samuel David, Advocates for R-
                                    2/DUAC.
                                    Ms. Saumya Tandon, Advocate for
                                    R-3.
                                    Mr. Jaswant Rai Aggarwal with Mr.
                                    Jatin Poonyani, Advocates for R-4.
                                    Mr. T. Singhdev with Mr. Tarun
                                    Verma,      and     Mr.      Abhijit
                                    Chakravarty, Advocates for R-5.
                                    Mr. Akash Garg, Advocate.

      CORAM:
      HON'BLE MR. JUSTICE NAJMI WAZIRI
                   ORDER

% 30.06.2020 CM APPL. 1810/2020 (stay), CM APPL. 4344/2020 (for directions), CM APPL. 12456/2020 (by petitioner no.1 for directions) & CM APPL. _______/2020 (fresh by DDA for exemption from filing attested affidavit) in W.P.(C) 638/2020

1. The hearing was conducted through video conferencing.

2. Mr. T. Singhdev, the learned counsel for respondent no. 5-Society, refers to the photographs filed in compliance of the previous order. However, issues have been raised apropos the same by the learned counsel for petitioner no. 1. He submits that there are areas around the construction site where the workmen assemble without observing due precaution and safety guidelines, apropos the spread of COVID-19 pandemic.

3. The Society shall take steps towards creating better barricades and screens, be it of wood, cardboard or other materials, so as to create a safer and more amenable barrier between the area where the workmen are moving about and the residential area. The Society may take the assistance of an architect in this regard. It may also take the assistance of a health specialist, so as to ensure that the construction activity does not, in any way, lend to the spread of the COVID-19 pandemic and also to assure the residents that due measures are being taken in this regard. Let a fresh affidavit, along with photographs, be filed in two weeks, with copies of the same to the learned counsel for the parties before the next date. The suggestions of petitioner no. 1 shall also be incorporated by the Society, as far as possible.

4. The parties may also file their reply to the Society‟s affidavit, if they so desire.

5. List on 20.07.2020.

6. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through email.

NAJMI WAZIRI, J JUNE 30, 2020/AB