Partly allowed

Geeta Devi and Ors. v. Government of NCT of Delhi and Ors.

Delhi HC11 Apr 2019W.P.(C)/2982/2019

Case brief

AI extract

What is this about?

The Court directed the Delhi Jal Board to take necessary steps to ensure adequate water supply to hydrants in Jhuggi Jhopri Camp No.3, Nangloi, Bheem Nagar. Despite a PPP agreement with a private operator, the Board cannot absolve itself of its duty to provide sufficient water and must ensure equitable distribution and disconnect illegal connections if required.

What did the court decide?

Directed the Delhi Jal Board to take all necessary steps to ensure water supply to hydrants in Camp No.3, Bheem Nagar, and to disconnect illegal connections if needed.

Geeta Devi and Ors. Vs Government of NCT of Delhi and… — Service and Employment | Delhi HC (2019)

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$~30

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 2982/2019

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GEETA DEVI AND ORS. ..... Petitioners

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Through Ms Jayshree Satpute, Advocate.

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versus

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GOVERNMENT OF NCT OF DELHI AND ORS. ..... Respondents Through Mr Amanpreet Singh, Advocate with Mr Jamal Akhtar, Advocate for R1. Ms Kanika Agnihotri, Standing Counsel for DJB, Mr Bhrigu Dhami, Mr sukriti Gandhi, advocate for DJB. Mr Parvinder Chauhan, Senior Counsel with Mr Nitin Jain, Advocate for R5/DUSIB. Mr Yashish Chandra, Mr Yashswisk Chockey, Advocates for R6. Ms Puja Kalra, Mr Virendra Singh, Advocate for R3/NMCD. Mr Girish Sharma, Advocte for Mr Jitender Kumar, Advocate for DDA/R6.

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CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU O R D E R

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% 11.04.2019

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The petitioners are residents of Jhuggi Jhopri Cluster (JJ Cluster) at Bhim Nagar in Camp No.3. They have filed the present petition, inter alia , praying that directions be given to the respondents to immediately lay new pipeline inside Camp No.3 to ensure that there is adequate water supply.

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Essentially, the grievance of the petitioners is that there is no water

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supply in Camp No.3.

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Respondent no.2 (Delhi Jal Board) has filed a status report, wherein it is stated that Delhi Jal Board has installed public hydrants for providing water free of cost to the residents of Bheem Nagar, Nangloi, Delhi. The said JJ Cluster is divided into three camps, namely, Camp No.1, Camp No.2 and Camp No.3. It is stated that the homes of the petitioners are located towards the rear side of Camp No.3. Whereas there is sufficient water pressure to accommodate Camp Nos. 1 and 2, however, the water pressure is low in the last lane of Camp No.3. It is further explained that the reason for this is that the residents of Camp Nos. 1, 2 have illegally extended connections from the public hydrants into their homes.

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The learned counsel appearing for respondent no.2 points out that respondent no.2 has handed over the distribution of water in the area in question, along with surrounding areas, to a private operator – M/s NWS Pvt. Ltd. – on Pubic Private Partnership Basis up to the year 2028. It is further stated that M/s NWS Pvt. Ltd. has laid a loop water line of 110 mm diameter approximately, connecting Camp Nos.1 and 3 in order to improve the water in the rear areas of Camp No.3.

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It is apparent from the status report that the grievance of the petitioners, that there is no water supply in their area, is justified.

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Respondent no.2 is now required to take the necessary steps to provide a solution to ensure that there is water supply in the hydrants as placed by respondent no.2 and the supply is equitably distributed. It is open for respondent no.2 to take appropriate steps to ensure that illegal connections are disconnected or to lay a separate line or provide any other

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solution.

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The contention that the function of providing water has been assigned to M/s MWS Pvt. Ltd. is of little assistance to respondent no.2. The fact that the function of water supply has been given to a private company does not absolve respondent no.2 from ensuring that there is adequate supply. If respondent no.2 finds that NWS Pvt. Ltd. is not discharging its function, it would be open for the respondent no.2 to take the necessary action but, in any event, respondent no.2 must ensure that sufficient water is supplied to the hydrants installed by it.

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In view of the above, the present petition is disposed of by directing respondent no.2 to take all steps that are necessary to ensure that there is water supply to the hydrant located in Camp No.3, Bheem Nagar. If the officers of respondent no.2 are prevented from carrying out their function or disconnecting illegal connections, they are at liberty to approach the police authorities for assistance. Needless to state that the said authorities would render full assistance to respondent no.2.

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VIBHU BAKHRU, J

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APRIL 11, 2019 pkv

Geeta Devi and Ors. v. Government of NCT of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Geeta Devi and Ors. v. Government of NCT of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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