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3. To add insult to the woes of the residents, the park in the colony had been encroached upon by DJB since November, 1998 because of which more than 50 per cent tankers were being parked in front of the colony which had been causing traffic problems and constant nuisance. The representations of the residents about the parking of these tankers and misuse of the park have also got unheeded. As nothing was done to assuage the problems of the residents, present writ petition was filed.

8. Since the DDA and the MCD did not comply with the aforesaid directions dated 16th October, 2000 by filing requisite charts and the progress reports, on 9th November, 2000 an order was passed for personal presence of the Vice Chairman, DDA as well as the Commissioner, MCD for 13th November, 2000. On 13th November, 2000, these officers appeared in person. The Commissioner, MCD gave an assurance that order dated 16th October, 2000 shall be complied with and targets in accordance therewith shall be fixed and implemented. The Vice Chairman, DDA also made a statement to the effect that he would be filing an affidavit specifying as to how the problem of JJ clusters shall be tackled by the DDA. He also said that the DVB can go-ahead with the work of the laying of cables in Vasant Kunj area so as to electrify the roads. On this statement the Executive Engineer, DVB assured the court that the remaining work of laying the cables and electrification of the roads in Vasant Kunj shall be started immediately and the work shall be completed within a period of three weeks. The matter was taken up thereafter from time to time but no progress made by the respective authorities. The progress made by the authorities, however, was not to the satisfaction of the petitioners.

It cannot be disputed that these unauthorised JJ clusters have to be removed. The matter of rehabilitation of these JJ clusters is pending before this court in number of writ petitions wherein this problem is examined on a wider scale. The JJ (Slum) department has in fact prepared some schemes for this purpose. It would be, therefore, appropriate if the petitioners file a separate writ petition in respect of this problem in Vasant Kunj area so that it is taken up along with other matters which are listed on 1st May, 2002. We are saying so because of the fact that in the instant case, the Slum Department has not been made party and therefore, there is no response from the concerned authority and in the absence thereof no positive directions can be issued. Moreover, it would be appropriate to deal with this problem along with other cases related to the same problem. This liberty is accordingly granted to the petitioners.

5. Garbage disposal:

The Committee has confirmed the allegations made by the petitioners to the effect that large expanse of open areas of land at various places is being used for dumping of garbage wherein there was also water-logging of waste water which was becoming a breeding ground for mosquitoes and pigs. This is a very serious problem. The Municipal authorities should be sensitive to such a problem and show adequate concern by taking necessary steps inasmuch as there can be a threat of break of epidemic disease, if such garbage is allowed to remain. It is well known that epidemic plague which spread in the Surat in 1994 was primarily because of accumulation of filth and garbage which acted as breeding ground for rodents. Article 243W readwith twelfth schedule of the Constitution fastens the responsibility of solid waster management on the municipalities. It is a mandatory function of any municipality. There are specific provisions (Sections 350 to 364) in the Delhi Municipal Corporation Act, 1957 relating to conservancy and sanitation. As per Section 350 it is the obligation of the MCD to secure efficient scavenging and cleansing of all streets and premises and for that purpose, inter alia, to provide for the removal of the contents of all receptacles and depots and of the accumulations at all places provided for temporary deposit of rubbish and other polluted and obnoxious matter.