Delhi High Court - Orders
Arvind Kumar vs Shri Manish Kumar Gupta & Anr on 18 September, 2025
Author: Amit Sharma
Bench: Amit Sharma
$~80
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 425/2022& CM APPL. 18824/2022
ARVIND KUMAR .....Petitioner
Through: In person.
versus
SHRI MANISH KUMAR GUPTA & ANR. .....Respondents
Through: Ms. Manika Tripathy, SC for DDA
with Mr. Ashutosh Kaushik,
Advocate.
Ms. Sangeeta Bharti, Standing
Counsel for DJB with Ms. Malvi
Balyan, Advocates for DJB.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 18.09.2025
1. This hearing has been done through hybrid mode.
2. The present petition under Sections 2/10/12 of the Contempt of Courts Act, 1971 seeks the following prayers:
"(a) Punish the Respondents for not adhering to their own promise of providing drinking water within 2 years to 18 months in the meeting held between them and the term was made a part of order dated 06.04.2016 passed by this Hon'ble Court; and
(b) Punish Respondent with heavy cost and cost of litigation;
(c) Pass such further or other orders which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice."
3. Vide order dated 06.04.2016 in W.P.(C) 5813/2013, following order was passed: -
"File received by transfer.
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 22/09/2025 at 23:34:43 Housing scheme named Loknayak Puram at Bakkarwala has been developed by the Delhi Development Authority (DDA) in the year 2002. Petitioner is the resident of the said housing scheme. He has filed this writ petition praying therein that respondent no.1 be directed to supply safe drinking water to the petitioner and the other residents of the aforementioned housing scheme. Vide order dated 17th August, 2015 Chief Secretary, Govt. of NCT of Delhi was directed to convene a meeting and resolve the issue of supply of potable water to the residents of the colony. It was also directed that the meeting shall be attended by the Vice-Chairman, DDA and CEO, Delhi Jal Board (respondent nos. 1 and 2 respectively). The said meeting has already taken place wherein following decisions have been taken:-
"1. DJB to provide a dedicated filling point to DDA at Nangloi OHT for supplying drinking water to DDA tankers to meet demand of residents of Lok Nayakpuram.
2. DDA will transport the potable water to the existing UGR at Lok Nayakpuram and pump water to individual flats for drinking purposes only. The DDA would consequently discontinue operation of RO system which can be used elsewhere.
3. DJB will expedite the work of construction of UGR at Mundka and laying of peripheral and feeder pipe line and will squeeze time line of completion from 2 years to 18 months. In the meanwhile if the work of pipeline is complete, some water for drinking purposes will be spared for the Lok Nayak housing through bye pass system.
4. DDA will initiate concurrently the process of handing over the water supply and sewerage services to DJB."
Writ petition is disposed of with the directions to the respondents to implement the decisions taken in the aforesaid meeting in letter and spirit, so as to ensure water supply to the residents of Loknayak Puram."
4. During pendency of the present petition, an affidavit dated 05.07.2022 was filed on behalf of respondent No.2/DJB wherein, it was stated as under:
-
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 22/09/2025 at 23:34:43 "7. The Respondent craves leave to put forth status of the work done/compliance of directions issued by this Hon'ble Court on 19.04.2022.
(i) DJB to provide dedicated filling point to DDA at Nangloi OUT for supplying drinking water to DDA tankers to meet demand of residents of Lok Nayak Puram:-
Filling point is available to DDA and 60 trips water tankers/600 KLD water is being filled daily.
(ii) DDA will transport the potable water to existing UGR at Lok Nayak Puram and pump water to individual flats for drinking purposes only.
DDA is filling about 60 water tankers from DJB Filling Point at Nangloi for filling the local UGRs and pumping the water for further distribution to the residents of flats.
(iii) DJB will expedite the work of construction of UGR at Mundka and laying of peripheral and feeder pipe line and will squeeze time line of completion of 2 years to 18 months. In the mean while if the work of pipe line is complete, some water for drinking purposes will be spared for Lok Nayak Housing through bye-pass system.
Work of construction of UGR at Mundka and laying of peripheral and feeder pipe line has been completed and commissioned also on 02.03.2022 well before date of filing of the contempt case dated 12.04.2022. However, 6.5 MG capacity Mundka UGR is presently getting only about 0.4 MGD water which is being supplied to existing water network commissioned areas. Piped network upto Lok Nayak Puram has also been trial tested to fill water upto main UGR of Lok Nayak Puram. During site inspection by CE(W)Project-I on 23.06.2022 (Annexure- A) with DDA staff, it is observed that 4 ft. water was filled in the tank but due to non-operational sluice valves, water could not reach upto sump and DDA staff was working on the same. Pumps at command tank and network upto local UGRa will be tested after operation of pumps. DJB will supply water as per availability & feasibility.
(iv) DDA will initiate concurrently the process of handing over the water supply and sewerage services to DJB.
With the commissioning of Mundka UGR on 02.03.2022 and partial 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 22/09/2025 at 23:34:43 availability of water, the process of taking over of water supply services of DDA flats have been started and following actions have been taken:
i. Joint inspection is done by EE (DJB) with EE (DDA) on 27.05.2022 of the existing water lines and other structures in Lok Nayak Puram. ii. EE (Project) W-IX, DJB vide letters dated 31.05.2022 (Annexure-B) requested EE (DDA) for submission of drawings & on 15.06.2022 requested for condition assessment. (Annexure-C) iii. EE(E&M), DJB has also communicated with EE(DDA) on 15.06.2022 for taking over E&M equipments of Lok Nayak Puram, DDA flats. Correspondence attached as (Annexure-D) iv. CE (W) Project-I, DJB conducted joint inspection with DDA officials on 23.06.2022 at Lok Nayak Puram in this regard.
(Annexure-A) v. The condition assessment of the existing water lines, E&M equipments is being done jointly with DDA. The deficiencies in Civil and E&M works are likely to be worked out jointly with DDA in Two months. DJB staff has been deployed to coordinate with DDA. vi. Water supply system shall be taken over on deposit of deficiencies charges by DDA. However till such time, DJB is ready to supply bulk water in DDA Command Tank as per availability & feasibility for further distribution by DDA. This will reduce the number of hired tankers by DDA."
5. Affidavits dated 01.07.2022 and 07.10.2024 have been filed on behalf of respondent No.1/DDA in the present petition.
6. Subsequently, compliance affidavit dated 14.02.2025 was filed on behalf of respondent No.2/DJB, which reads as under: -
"2. It is submitted that the captioned matter was last listed for hearing on 21.11.2024 when this Hon'ble Court issued the following directions to Respondent No.2/ Delhi Jal Board. "............................Before next date, let compliance affidavit be filed by Delhi Jal Board."
3. I state that in compliance of the Order dated 21.11.2024 passed by this Hon'ble Court, Respondent No.2 herein has executed a Memorandum of Understanding dated 12.02.2025 between Delhi 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 22/09/2025 at 23:34:43 Development Authority and Respondent No.2/Delhi Jal Board for Handing Over and Taking Over of Water Supply Services of Pocket-A, B-l, B-2, C&D, DDAFlats, Lok Nayak Puram (Bakkarwala), New Delhi, contents of which may be read as a part of this affidavit. A copy of the Memorandum of Understanding dated 12.02.2025 is annexed herewith and marked as ANNEXURE P/1."
7. Thereafter, vide order dated 28.04.2025 learned Predecessor Bench of this Court, in pursuance of a statement made on behalf of the petitioner, passed the following direction: -
"6. Counsel for DDA is present in Court. The DDA is directed to carry out site inspection and file a status report in respect of the following:
i. The number of flats which are there in the premises; ii. Number of water meters which have been allocated, date of installation of such meters and which are functional; iii. Number of flats which do not have a water meter or water supply; iv. Whether water supply to all these flats is active and operational or not.
v. In particular, flat of petitioner shall also be inspected for the purposes of ascertaining whether meter is installed or not. vi. The site inspection will be done by the concerned Executive Engineer along with other officers so that accurate data is presented to the Court.
vii. The report shall be filed within next 6 weeks with copy to the petitioner."
8. In pursuance of the aforesaid direction, status report dated 07.10.2024 was filed by respondent No.1/DDA wherein, it was stated as under: -
"3. The DDA has paid deficiency amount (of Civil, E&M, Borewell works) Rs. 8.36.17.729/- (Rs. Eight crore thirty six lac seventeen thousand seven hundred twenty nine only) to the DJB through RTGS as demanded vide dated 07.08.2024 with UTR No. CBINH24220545500 (copy of statement of Bank Account is enclosed as Annexure- A).
4. The DJB has asked for pending water bill of DDA flat allottees vide 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 22/09/2025 at 23:34:43 letter dated 23.08.2024 (copy of letter dated 23.08.2024 is enclosed as Annexure- B). The pending water bill record has been submitted by DDA vide letter dated 27.08.2024 to DJB. (Copy of letter dated 27.08.2024 is enclosed as Annexure- C).
5. Furthermore, another letter was received from the DJB dated 14.08.2024 (copy of letter dated 14.08.2024 is enclosed as Annexure- D) regarding repair of existing pump houses. In this regard. DDA vide letter F(20) AE(P)/DPD-1/DDA/2024-25/393 dated 11.09.2024 (copy of letter dated 11.09.2024 is enclosed as Annexure- E) has apprised to DJB that the repair of pump houses (Civil work) has already been completed and therefore also requested DJB for taking over the water supply service.
6. Thus, the Deponent herein has fully complied with the directions of this Hon'ble Court in letter and spirit. The deponent humbly submits that there was never any intention to breach the Orders of this Hon'ble Court. The deponent respectfully assures that the directions of the Hon'ble Court is held in the highest regard and shall continue to do so in the future.
7. In view of the above, the present Contempt Case may be disposed of."
9. In view of the affidavits/status reports filed by respondent No.1/DDA and respondent No.2/DJB, no further directions are called for and the present petition is disposed of.
10. On 26.05.2025, the petitioner confirmed that DJB has installed a water meter and he is getting water in his flat. He, however, had raised a grievance that DDA had raised a bill of Rs.2 Lakhs despite there being no water connection from DJB and the same was refuted by counsel for DDA. It was recorded that the petitioner will give a detailed representation in this regard to AD (Water Cell), Mangalpuri, Dwarka. Let the same be considered and decided by the concerned authority by passing a speaking order.
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 22/09/2025 at 23:34:43
11. Needless to state that the petitioner is always at liberty to initiate appropriate proceedings in accordance with law before the Court of competent jurisdiction/competent authorities.
12. Pending application(s), if any, also stands disposed of.
AMIT SHARMA, J SEPTEMBER 18, 2025/bsr/ns 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 22/09/2025 at 23:34:43