Petitioners challenged dilapidation of police flats in Dwarka. A multidisciplinary committee inspected the premises and reported full compliance with prior repair directions, prompting the court to dispose of the petition as satisfied.
Present writ petition and pending applications are disposed of as satisfied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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| CT. DAS | HRATH AND ORS Through |
..... Petitioners Mr. Balendu Shekhar, Advocate |
|---|---|---|
| versus | ||
| COMMI | SSIONER OF POLIC Through |
E & ORS ..... Respondents Mr. Anuj Aggarwal, ASC (Civil), GNCTD with Mr. Deboshree Mukherjee, Advocate for Delhi Police/R-1 & 2. Mr. Pawan Mathur, Standing Counsel for DDA/R-3. Mr. Peeyoosh Kalra, ASC (Civil), GNCTD with Ms. Sona Babbar, Advocate for PWD/R-4. |
| % | Date | of Decision: 16thNovember, 2016 |
CORAM: HON'BLE MR. JUSTICE MANMOHAN
J U D G M E N T
MANMOHAN, J: (Oral)
CONT.CAS(C) 7376/2013
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“Learned counsel for petitioner refers to the photographs on record to submit that there is imminent danger of life to the occupants of the building. In fact, it is stated that petitioner No.1 was also injured on account of collapse of part of the roof. On the other hand, learned counsel for respondents No.1, 2 and 4 draws this Court’s attention to an Office Order passed by the Commissioner of Police fixing the annual ceiling of expenditure on the works of addition and alteration to be carried out.
This Court is prima facie of the view that if the Delhi Police officials are provided dilapidated accommodation, they would not be able to discharge their duties efficiently and effectively. In the opinion of this Court, the State owes a duty to provide reasonable, safe and secure accommodation to its officials.
This Court is further of the opinion that ceiling of expenditure on works of addition and alteration dehors the condition of the property is arbitrary and unreasonable. If a property requires extensive repair and renovation, the respondents cannot take the stand that they would not spend more than the ceiling amount.
This Court is also prima facie of the view that even if there is some corruption in carrying out repairs as suggested by the Memorandum fixing ceiling, then methods must be found to control corruption. But no Government can take the stand that it will cease to function or carry out any activity because its activities lead to corruption.
Since no counter affidavit is on record despite issuance of notice on 25th November, 2013, this Court directs formation of the Committee comprising one representative each to be nominated by the Secretary, PWD, Delhi, Commissioner of Delhi Police, Commissioner South Delhi Municipal Corporation, CEO, Delhi Jal Board and Vice Chairman, Delhi Development Authority.
The Committee shall be headed by the officer nominated by the Commissioner of Police. Consequently, the
CONT.CAS(C) 7376/2013
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Commissioner of Delhi Police is directed to appoint a relatively senior officer to the Committee.”
“In pursuance of order of Hon’ble High Court of Delhi in c/w WP(C) 7376/2014-Ct. Dashrath and Ors. Vs. Commissioner of Police & Ors., a Committee was constituted under the Chairmanship of Joint Commissioner of Police/Planning & Implementation, Delhi. The Hon’ble High Court had ordered on 06.05.2014 for the formation of a Committee comprising one representative each to be nominated by the Secretary PWD, Delhi, Commissioner of Delhi Police, Commissioner South Delhi Municipal Corporation, CEO, Delhi Jal Board and Vice Chairman, Delhi Development Authority.
In compliance of orders dated 4.3.2016 of Hon’ble Mr. Justice Manmohan, High Court of Delhi at New Delhi, a meeting notice was issued vide PHQ’s letter No. 4270-77/ L&B Cell/PHQ (DA-V) dated 13.4.2016 requested the Commissioner, South Delhi Municipal Corporation, CEO, Delhi Jal Board, Dy. Director (Planning), DDA, Executive Engineer, PWD, Executive Engineer (Elect.) PWD that the Committee will visit at Police Colony, Sec. 13
CONT.CAS(C) 7376/2013
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Dwarka on 18.04.2016 at 5.00 PM. The Committee is comprised of one representative of each department mentioned above. Accordingly, the Committee headed by Jt. Commissioner of Police, Planning & Implementation, Delhi nominated by the Commissioner of Police alongwith the following representatives of PWD, DDA, SDMC, DJB and the local residents visited/ inspected the site:-
1. Sh. Manish Kumar Gupta, EE (E) South West, PWD. 2. Sh. A.K. Tyagi, AE (E) South West, Sub Div. I, PWD. 3. Sh. Pankaj Kumar, JE (E) South West SD-2, PWD. 4. Sh. B.K. Garg, EE Civil, PWD. 5. Sh. V.R. Mishra, AE Civil SWBMD, PWD. 6. Sh. Rajender Meena, JE Civil, PWD. 7. Sh. S.P. Singh, AE Civil, WD 15, DDA. 8. Ms. Kakoli Haiti, Dy. Dir. Plg. DDA.
9. Sh. Devender Singh, JE, DJB. 10. Sh. V.K. Gupta, AE, SDMC.
During the visit/inspection, Jt. Commissioner of Police/Planning & Implementation, asked PWD officials (civil & electrical), Delhi Jal Board, South Delhi Municipal Corporation and Delhi Development Authority about the progress of repair/maintenance works carried out in Police Colony at Sector 13, Dwarka (Phase-1 & II), Delhi. They informed that all the works have been carried out.
Further Jt. Commissioner of Police/Planning & Implementation asked from the residents present during site visit about the progress of repair/maintenance works. The following residents of Police quarters, who were present put forth their views about the latest position of works carried out by PWD:-
1. Cont. Mahesh No. 108631/ PCR, R/o. Qtr. No. 321, Sec. 13, Dwarka stated that due to dampness in his quarter, the whitewash is eroded from many places. Sh. V.K. Garg, EE Civil, PWD and Sh. S.P. Singh AE, DDA informed that this problem has arisen due to the salty water in the whole area of Dwarka. Jt. Commissioner of Police/ Planning & Implementation directed Sh. V.K. Garg, EE Civil, PWD to do the needful.
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2. HC Dvr. Dashrath, No. 2171/ South West R/o quarter No. 336, Sec. 13, Dwarka, the petitioner informed that the repair/maintenance works have been carried out by PWD in his quarter is satisfactory. However, proper slope is not provided between verandah and bathroom. Jt. Commissioner of Police/Planning & Implementation directed Sh. V.K. Garg, EE Civil, PWD to do the needful.
3. SI Balbeer Meena, R/O quarter No. 220, Sec. 13, Dwarka informed that the jungla has not been installed in the window by PWD Sh. V.K. Garg, EE Civil, PWD informed that the allottee has done unauthorized construction in the quarter. Therefore, window of size 1.35 x 1.35 mtrs cannot be fixed in unauthorized construction.
4. ASI Mohinder No. 3223/South West, R/o quarter No. 201 informed that proper slope is not provided between verandah and bathroom, Jt. Commissioner of Police/ Planning & Implementation directed Sh. V.K. Garg, EE Civil, PWD to do the needful.
5. Const. Davinder Kumar No. 506/South West, R/o quarter No. 290 Sec. 13, Dwarka informed that there are holes in the fiber shed. Jt. Commissioner of Police/ Planning & Implementation directed Sh. V.K. Garg, EE Civil, PWD to do the needful.
6. MTS Prem Singh R/o quarter No. 344 Sec. 13, Dwarka informed that the chajjas on door and window should be installed in his quarter. Sh. V.K. Garg, EE Civil, PWD stated that the chajjas could not be installed/ provided due to unauthorized construction.
7. HC Naresh No. 337/ South West R/o quarter No. 320 Sec. 13, Dwarka informed that one coat of whitewash has been done in his quarter and second coat whitewash should be done. Jt. Commissioner of Police/ Planning & Implementation directed Sh. V.K. Garg, EE Civil, PWD to do the needful.
During the visit/inspection some of the allottees have explained their grievances i.e. sun shed on the window/ doors should be provided to protect rainy water and their dampness in most of the
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quarters. Jt. Commissioner of Police/ Planning & Implementation directed Sh. V.K. Garg, EE Civil, PWD that only those shortcomings may be removed which are required as per the requirement of plans of DDA. No work should be carried out in the unauthorized construction done by the allottee. Sh. V.K. Garg, EE Civil, PWD assured to remove the shortcomings as pointed out.
It is pertinent to mention here that the directions given by the Hon’ble Court on 6th May, 2014 have been fully complied with.
Jt. Commissioner of Police/ Planning & Implementation directed all officials concern to attend the Hon’ble Delhi High Court on 26.04.2016 at 10 A.M.
(G.S. Awana), DY. COMMISSIONER OF POLICE, LAND & BUILDING CELL : PHQ”
MANMOHAN, J
NOVEMBER 16, 2016 rn
CONT.CAS(C) 7376/2013
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CT. DASHRATH AND ORS
COMMISSIONER OF POLICE THROUGH E AND ORS
MANMOHAN
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
