Delhi High Court - Orders
Harnam Singh & Anr vs Union Of India & Ors on 15 May, 2020
Author: Hima Kohli
Bench: Hima Kohli, Subramonium Prasad
$~6 & 7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) No. 2989/2020 & CM No. 10951/2020
HARNAM SINGH & ANR. ..... Petitioners
Through: Mr. Mehmood Pracha, Advocate
versus
UNION OF INDIA & ORS. ....Respondents
Through: Mr. Naushad Ahmed Khan with
Gautam Narayan, Advocate for
Delhi Govt.
Ms. Maninder Acharya, Adv. for
R-7.
Mr. Akhil Mittal, Advocate for
North MCD
Mr. Anil Grover, Advocate for
New Delhi Municipal Corporation.
Mr. Jasmeet Singh, St. Counsel
GNCTD.
Mr.Harish Kumar Khinchi, St.
Counsel for East MCD.
Mr.Dhanesh Relan, Adv. SDMC.
Mr.Tarveen Singh Nanda and
Mr.Ankur Mishra, Adv. for Delhi
Cantonment Board.
+ W.P. (C) No. 3144/2020
ALL MUNICIPAL CORPORATION
STAFF UNION & ORS. ..... Petitioners
Through: Ms. Suman Chauhan, Advocate
versus
NCT OF DELHI & ORS. ....Respondents
Through: Mr. Naushad Ahmed Khan with
Gautam Narayan, Advocate for
Delhi Govt.
W.P.(C) 11673/2016 and connected matters Page 1 of 3
Ms. Maninder Acharya, Adv. for
R-7.
Mr. Akhil Mittal, Advocate for
North MCD
Mr. Anil Grover, Advocate for
New Delhi Municipal Corporation.
Mr. Jasmeet Singh, St. Counsel
GNCTD.
Mr.Harish Kumar Khinchi, St.
Counsel for East MCD.
Mr.Dhanesh Relan, Adv. SDMC.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 15.05.2020 HEARD THROUGH VIDEO CONFERENCING.
1. Pursuant to the last order when a Status Report was called for from the respondents, the same has been filed by the respondents/Union of India, GNCTD, New Delhi Municipal Corporation (NDMC), North Delhi Municipal Corporation (Nr.DMC), Delhi Cantonment Board (DCB) and East Delhi Municipal Corporation of Delhi (EDMC). However, only 2 affidavits filed by the GNCTD and one affidavit of the Nr.DMC have been received through e- mail. None of the other affidavits are a part of the record.
2. Learned counsel for the respective Departments including NDMC, DCB, SDMC and EDMC shall ensure that their affidavits are re-sent through e-mail so that they are a part of the court record.
3. Mr. Pracha, learned counsel for the petitioners confirms having received the affidavits of all the Departments and states that he may be given an opportunity to controvert some of the submissions made in the said affidavits by filing separate replies.
W.P.(C) 11673/2016 and connected matters Page 2 of 34. Replies may be filed by counsel for the petitioners to the affidavits filed by the respondents within five working days with advance copies to the respective counsel of the concerned Departments, who may, if necessary, file affidavits in rejoinder within three days from the date of receipt of the reply affidavits.
5. At this stage, we may note that besides the present petition, another petition for almost similar relief has been filed for issuing directions to the GNCTD and the Municipal Authorities to provide safety gear for the sanitation workers. The said writ petition, registered as W.P.(C) 3144/2020, is also a Public Interest Litigation and is listed at item No.7 in the Cause List.
6. Having regard to the fact that the notice has already been issued in the present petition where the prayers made are similar, we do not propose to issue notice in the captioned writ petition. However, permission is granted to the counsel for the petitioner in W.P.(C) No. 3144/2020 to assist the Court at the time of arguments. Towards this end, learned counsel for the respondents shall forward copies of the affidavits filed by them through e-mail to Ms. Suman Chauhan, counsel for the petitioner in W.P. (C) No. 3144/2020 so that she is aware the stand taken by the respective Departments.
7. In view of the fact that there appears a mis-match in the inventory of the PPE kits, N-95 masks, gloves etc. between what the Union of India claims in its affidavit, have been supplied to the GNCTD, which the latter states it has not received to the said extent, it is deemed appropriate to direct both the Departments to clarify the position by filing separate affidavits within five days.
8. List on 01st June, 2020.
HIMA KOHLI, J.
SUBRAMONIUM PRASAD, J.
MAY 15, 2020/neelam/rkb W.P.(C) 11673/2016 and connected matters Page 3 of 3