Delhi High Court - Orders
Mrs. Sushma Sharma vs Delhi Cantonment Board And Anr on 6 October, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 292/2018 & CM APPLs. 1216/2018, 44584/2022,
51728/2023.
MRS. SUSHMA SHARMA ..... Petitioner
Through: Mr. Ankit Jain, Mr. Vinayak Batta,
Advocates.
versus
DELHI CANTONMENT BOARD AND ANR. ..... Respondents
Through: Mr. Tarveen Singh Nanda, Mr.
Ankur Mishra, Advocates for R-1.
Mr. Rohan Yadav, Ms. Rishika
Jain, Advocates for R-2.
Ms. Astha Gupta, Advocate for
PWD.
Mr. Ripu Daman Bhardwaj, CGSC
for UoI.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 06.10.2023
1. The petition concerns relocation of a garbage dump located proximate to a petrol pump station of the petitioner.
2. By order dated 11.09.2019, the Court noted the contention of the petitioner that location of the garbage dump right outside the petrol pump is hazardous, particularly in view of the fact that the fuel tanks are located immediately underground. The Court further noted that the garbage dump has been upgraded in order to enable the segregation of waste at the garbage dump, prior to being sent to the landfill, and directed as follows:
"3. Considering that both the petrol pump and the garbage dump are W.P.(C) 292/2018 Page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2023 at 22:21:11 public amenities which are essential for the residents of the area, it is considered appropriate to direct the Chief Executive Officer of the Board to, in association with the Petitioner and IOCL, identify an alternate place for the garbage dump. Considering the nature of the issue involved, the Petitioner and IOCL would be required to bear the expenses for construction of the garbage dump at any alternate site which is less risky for the residents of the area.
4. Let a meeting be held in the office of the Chief Executive Officer of the Board on 25th September, 2019 at 11.00 am. A representative of the Petitioner and a representative of IOCL, who would be competent to take a decision, shall attend the said meeting in order to identify a site for the garbage dump and to decide the reasonable expenses that have to be borne for the same. The parties are permitted to inspect the surrounding area in order to identify an alternate place for the garbage dump, not very far from the current location."
3. By order dated 25.05.2023, the Chief Executive Officer of Delhi Cantonment Board ["DCB"] was directed to convene a further meeting for this purpose. The meeting was held on 14.06.2023 and minutes have been placed on record by DCB. It appears that representatives of the DCB, the petitioner, Public Works Department ["PWD"], the Army and Indian Oil Corporation Ltd. were present. However, the agencies were unable to arrive at any solution. Two alternative locations were suggested by the petitioner's representative, both of which were rejected with the following observations:
"5. The Chief Executive Officer then requested the representatives of PWD to inform as to whether the PWD has any land under their management and control in the nearby vicinity where the present Waste Transfer Point could be transferred including the two sites as proposed by the Petitioner. However, the representatives of PWD categorically informed that there is no space available with PWD where the subject Waste Transfer Point can be shifted as all the land with them is used or earmarked for other public works. At any other place, it will lead to reduction of carriage way of the road and traffic congestions. As far as the two sites proposed by the Petitioner, on one site i.e, near the subway Naraina, there was already a Waste Transfer Point, which was maintained by Delhi Cantonment Board. However, recently in place of the said Waste Transfer Point, a Mohalla Clinic W.P.(C) 292/2018 Page 2 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2023 at 22:21:11 has been constructed and the other site i.e. near public toilet near pond, Naraina, cannot be provided for relocation of the subject Waste Transfer Point as it is reserved for other purposes. At the juncture, representative of Cantt. Board mentioned that the said site is at one extremity of the area and will not serve the purpose as it is far way from the civilian residences and commercial shops. Therefore, even if made available by the PWD, it will not be possible to locate the said facility here."
4. All other agencies also took the position that they had no land for relocation of the garbage dump.
5. Before me today, learned counsel for DCB and PWD both submit that the other has land which can be earmarked for this purpose. It is directed that the duly authorised senior representatives of DCB and PWD will attempt to resolve the issue and file a further affidavit within four weeks from today. The affidavit to be filed by PWD will also explain what are the other purposes for which the site proposed by the petitioner- near the subway Naraina and the public toilet near pond, Naraina- cannot be provided for relocation of the Waste Transfer Point. The authorities will also deal with the contents of CM APPL. 51728/2023, filed by the petitioner, in their affidavits.
6. List on 01.02.2024.
PRATEEK JALAN, J OCTOBER 6, 2023 "Bhupi"/ W.P.(C) 292/2018 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2023 at 22:21:12