Delhi High Court - Orders
Lokesh Kumar And Ors vs Union Of India And Ors on 1 September, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10459/2021 & CM APPLs. 29217/2022, 42214/2023
LOKESH KUMAR AND ORS ..... Petitioners
Through: Mr. Shashwat Sarin, Mr. Lokesh
Kumar, Advocates.
Versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr. Jivesh Tiwari, SPC with Mr.
Vinod Tiwari, GP, For UoI.
Mr. Anupam Srivastava, ASC with
Ms. Sarita Pandey, Mr. Deepak
Jain, Advocates for R-2.
Mr. Rahul Chauhan, Advocate for
DJB.
Mr. Ram Kumar, Mr. Sushil
Kumar, Advocates for R-
11/DUSIB.
Mr. Mukesh Gupta, SC with Mr.
Raghav Gupta, Advocate for
MCD.
Ms. Puja Kalra, ASC for NDMC.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 01.09.2023
1. The grievance of the petitioners in this writ petition concerns the overflow of water from municipal drains in the Srinivaspuri locality. The petitioners seek directions upon the respondent - authorities to reconstruct all drains in the Srinivaspuri area, directions to connect roadside drains to the main drain and directions to cover the drains.
2. Orders have been passed from time to time for steps to be taken in W.P.(C) 10459/2021 Page 1 of 5 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 16/09/2023 at 15:34:02 aid of the relief sought. By an order dated 13.09.2022, it was directed that a joint meeting be held by various stakeholders under the aegis of the Integrated Drain Management Cell ["IDMC"] to be headed by the Chief Secretary, Government of NCT of Delhi.
3. A meeting was held on 18.10.2022, in which matters arising out of this writ petition were taken up. The concerned departments including the Municipal Corporation of Delhi ["MCD"] and Delhi Jal Board ["DJB"] were directed to ensure completion of the necessary work within three weeks.
4. Pursuant to these directions, a joint inspection was conducted on 27.10.2022, at which petitioner No.1 was also present. Officials of MCD, DJB, Delhi Urban Shelter Improvement Board ["DUSIB"], Public Works Department ["PWD"] and Agriculture Produce Market Committee attended the inspection. The minutes of the inspection, dated 01.11.2022, have been placed on record, which state inter-alia as follows:
a) As far as DJB is concerned, the minutes required DJB to desilt the gravity ducts, construct a sewage pump house of appropriate capacity, examine a permanent solution to the problem of the overflow of sewage and shift certain water lines either below the bed of the nallah or above the floor level of nallah.
b) As far as PWD is concerned, the joint inspection records that it was requested to carry out proper desilting work of the drain and to cover the open portion of the drain with covered slabs.
c) DUSIB was directed to take action to stop sewage flow into the storm water drain.
5. Mr. Rahul Chauhan, learned counsel for the DJB, states that all W.P.(C) 10459/2021 Page 2 of 5 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 16/09/2023 at 15:34:02 these activities have been undertaken, except the construction of the sewage pump house, for which DJB has written to MCD for allotment of an appropriate location, and will construct the sewage pump house accordingly. MCD is directed to take a decision on the location of the sewage pump house within four weeks from today in coordination with DJB, and DJB may take necessary steps expeditiously thereafter.
6. MCD was also directed to take steps to cover the open drain, which has also been completed.
7. Learned counsel for the PWD and DUSIB state that both these agencies have already completed the tasks assigned to them. Photographs have also been placed on record in this regard.
8. The petitioner had also made a grievance with regard to the raising of the level of streets. As far as this aspect is concerned, Mr. Mukesh Gupta, learned Standing Counsel for the MCD, states that appropriate steps will be taken to ensure that the drainage of water is not hampered.
9. Learned counsel for respondents also submit that the IDMC will continue to oversee the conditions of the locality with regard to waterlogging and overflow of sewage, and take such necessary action as may be required. The petitioners may also make representations to the IDMC in the event of any further difficulty. MCD and DJB are directed to nominate Nodal Officers who can look into any emergent problem and take necessary action so that the grievances of the residents are alleviated. The phone numbers of the Nodal Officers will be communicated to Mr. Shashwat Sarin, learned counsel for the petitioners, within two weeks from today.
10. Mr. Sarin points out at this stage that, in CM APPL. 42214/2023, W.P.(C) 10459/2021 Page 3 of 5 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 16/09/2023 at 15:34:02 the petitioners have made a claim for compensation on account of damages caused to their homes and belongings due to the accumulation of sewage in their houses. He states that the Division Bench of this Court, by a judgment dated 02.09.2022 in L.P.A. 48/2021 ["Leela Mathur vs. Municipal Corporation of Delhi & Anr."], granted compensation to the petitioner therein, in similar circumstances. Paragraph 42 and 43 of the judgment cited by Mr. Sarin are reproduced below:
"xxxx xxxx xxxx
42. Mr. Akhil Sibal, learned Amicus Curie appearing for Smt. Leela Mathur, suggests that the only solution at the moment seems to be that the house of Smt. Leela Mathur be demolished and re-constructed and the old lady cannot be burdened with the cost of demolition and re- construction for no fault of hers. The Ld. Single Judge has recognised that the MCD had been grossly negligent and has awarded a sum of Rs. 3 Lakhs as compensation to Smt. Leela Mathur. A fresh evaluation indicates that the Smt. Leela Mathur would have to spend close to a whopping Rs. 21.20 lakhs to carry out the necessary repairs.
43. Having due regard to the advanced age of the Appellant, the fact that she has been pursuing this litigation for over a decade, has suffered loss of her material possessions, and has undergone immense agony and anxiety for a prolonged period of time, this Court finds it appropriate to enhance the compensation awarded to Smt. Leela Mathur by a sum of Rs. 9,00,000/-, which would be roughly half the cost of reconstruction, and the challenge by the MCD to the Order dated 12.02.2020 awarding compensation of Rs.3,00,000/- to Smt. Leela Mathur is rejected. This Court expresses its gratitude to Mr. Akhil Sibbal, learned Senior Counsel, who has assisted this Court in every possible manner. He has taken the pain to visit the site and has placed the facts of the case dispassionately."
11. It appears that the Division Bench in the aforesaid case had a credible assessment of the expenditure required to carry out the necessary repairs in the petitioner's house, and passed the order enhancing the compensation payable to her, inter alia in view of her advanced age and the fact that the litigation has been pursued for over a decade.
W.P.(C) 10459/2021 Page 4 of 5This 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 16/09/2023 at 15:34:02
12. In the present case, in contrast, no such credible assessment is available on record. The specific position of each of the petitioners with regard to the loss suffered by them has not been indicated, and the factors mentioned by the Division Bench are also not applicable. There is no prayer in the writ petition for compensation. There are as many as ten petitioners in the writ petition, each of whom is resident in the locality. No assessment of the damages claimed in respect of each of the petitioners, nor any documentary evidence in support of the quantification, has been placed on record. The only averment in this regard is contained in paragraph 11 of CM APPL. 42214/2023, which is to the following effect:
"11. The estimated cost of construction/repair of the house of the petitioners is Rs. 50,00,000 (Rupees fifty Lakhs). Added to that is the damage of personal belongings, food, furniture, clothes which has been destroyed or washed away which estimates to Rs. 30,00,000 (Rupees Thirty Lakhs). The petitioners also seeks compensation on account of harassment faced by them owing to the gross negligence of the Respondent No. 3 and Respondent No. 5."
(Emphasis supplied)
13. I am of the view that it is not appropriate to pass an order in the present petition on the basis of the aforesaid averment. If any of the petitioners wish to agitate a claim for compensation, they may take appropriate remedies individually, with necessary evidentiary support. All rights and contentions of the parties in this regard are reserved.
14. The writ petition, alongwith all pending applications, stands disposed of with these directions.
PRATEEK JALAN, J SEPTEMBER 1, 2023/"Bhupi"/ W.P.(C) 10459/2021 Page 5 of 5 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 16/09/2023 at 15:34:02