Delhi High Court - Orders
Vivekanand Puri Development Council ... vs Government Of The National Capital ... on 9 March, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:09.03.2021
21:41:31
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2787/2021
VIVEKANAND PURI DEVELOPMENT COUNCIL
(REGD.) ..... Petitioner
Through: Mr. Tarun Sharma, Mr. Akansha
Kapoor & Ms. Shivani Aggarwal,
Advocates (P-9811027856)
versus
GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF
DELHI AND ANR. ..... Respondents
Through: Mr. Anupam Srivastava, ASC
(GNCTD).
Mr. Amit Mahajan, CGSC with Mr.
Kritagya Kumar Kait, Advoate for R-
3 (M-9968955368)
Ms. Sangeeta Bharti, Adv. for DJB.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 09.03.2021
1. This hearing has been done through hybrid mode (physical and virtual hearing).
CM APPL.9752/20212. The present application has been taken up on mentioning by ld. Counsel for the Petitioner for urgent hearing. The averment in the application is that the SDM, along with the Delhi Jal Board's (hereinafter, 'DJB') officer, has reached the residential colony of the Petitioner today afternoon in order to seal the domestic borewells which are providing water to various households.
3. The matter was mentioned at 2:30 p.m. and it was directed to be listed at 4:00 p.m. W.P.(C) 2787/2021 Page 1 of 3 Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:09.03.2021 20:36 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:09.03.2021 21:41:31
4. Mr. Anupam Srivastava, ld. counsel for the GNCTD and Ms. Sangita Bharti, ld. Counsel for the DJB have joined the proceedings.
5. This Court had, on 5th March, 2021, considered the application for interim relief, being CM APPL. 9757/2020, and passed the following order:
"1. This hearing has been done through hybrid mode (physical and virtual hearing).
2. After some hearing, ld. Counsel for the Petitioner makes an oral prayer for impleading the Central Groundwater Authority (hereinafter, 'CGA'), as also the Delhi Jal Board (hereinafter, 'DJB'). Accordingly, the oral prayer is considered and the said two parties are impleaded as Respondent Nos. 3 and 4 in the matter. 3. The issue that has arisen in this case is as to whether borewell water can be used for domestic consumption by the residents of Vivekanand Puri in North Delhi. As per the notification issued by the Ministry of Jal Shakti, domestic consumption seems to be permissible, however, the same is not permissible in terms of the Delhi Government's notification.
4. Issue notice. Mr. Mahajan, ld. CGSC accepts notice for the CGA. Ms. Sangeeta Bharti, ld. Standing Counsel, DJB (M-9811112863) be served for the DJB. Both these authorities shall place affidavits on record in respect of the interpretation of the notification dated 12th July, 2010 issued by the Department of Environment, Forest and Wildlife of the Delhi Government as to which would be the competent authority for the purpose of granting permission for use of borewells in GNCTD. The affidavit shall be placed on record after considering the notification issued by the Ministry of Jal Shakti dated 24th September, 2020.
5. Let the stand of the CGA and DJB be placed on record within four weeks. Rejoinder be filed within four weeks thereafter.
6. The DJB shall also lift samples of the water from the borewell in Vivekanand Puri and place an analysis report on record, to see if the same is consumable in terms of the orders passed by the National Green Tribunal.W.P.(C) 2787/2021 Page 2 of 3 Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:09.03.2021 20:36 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:09.03.2021 21:41:31
7. List for further hearing on 22nd July, 2021. "
6. Though the impugned order which is under challenge in the writ petition was passed on 29th November, 2019, till the said date, as per ld. Counsels for the parties, the borewells had not been sealed. On 5th March, 2021, this Court had directed the DJB to draw samples of the water in order to see if the said water is consumable, in accordance with the orders passed by the National Green Tribunal. Pursuant to order dated 5th March, 2021, today, the authorities are stated to have reached the colony and threatened to take steps towards sealing of the borewells.
7. Considering the fact that the impugned order for sealing was passed way back on 29th November, 2019 and no steps have been taken for sealing of the same, now that the Court is seized of the matter, to seal the same today would be completely contrary to the spirit of order dated 5th March, 2021. Further, considering the water shortage and the impending summer season, sealing of the borewells is likely to create enormous difficulties to the residents of the colony. Accordingly, it is directed that the borewells in the Petitioner's colony shall not be sealed. The samples shall be drawn in accordance with order dated 5th March, 2021. The same shall be analyzed and an analysis report shall be placed on record.
8. This order shall only be applicable to those who are residing in the area where the Petitioner's members reside.
W.P. (C) 2787/2020
10. List on the date already fixed i.e., 22nd July, 2021.
PRATHIBA M. SINGH, J MARCH 9, 2021/Rahul/T W.P.(C) 2787/2021 Page 3 of 3 Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:09.03.2021 20:36