Petitioner sought mandamus against an alleged illegal RO plant and borewell extracting groundwater. A joint inspection found no RO plant but a functional borewell was sealed. Court bound Delhi Jal Board to its status report, directed prevention of misuse of the borewell and disposed of the petition.
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Through: Mr. Kshitiz Mahipal, Ms. Geeta Devi, and Mr. Shirin Raza, Advs.
versus
DELHI JAL BOARD AND ORS & ANR. .....Respondents Through: Mr. Rishi Kant Singh, Adv. for R-1 & 2
Mr. Puneet Yadav, ASC for MCD Mr. Moksh Arora and Mr. Santosh Ramdurg, Advs. for R-5 Mr. Prashant Manchanda, ASC for GNCTD with Ms. Nancy Shah, Adv. for R-6
Mr. S.M. Hussain, Adv. for R-7
CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R % 14.08.2024
1. The present petition has been filed seeking the following reliefs:-
“(i) Issue a writ of mandamus and/or any other appropriate writ/ orders/ directions against the Respondent No. 1 to 6 to initiate action against illegal and unauthorized Water RO plant is running by using the underground water by using illegal borewell in property bearing no. E-18, old Jasola, Okhla, New Delhi-110025 and also for discharging the waste water of RO in the sewer causing water pollution and wastage of lots of underground water and the misuse of premises for commercial activities and also by mis-using the domestic electricity connection by the respondent no. 7 and directions to immediately stop ongoing illegal water RO Plant;
This is a digitally signed order.
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(ii) Issue a writ of mandamus and/or any other appropriate writ/ orders/ directions against the Respondent No. 6 to provide police assistance to carry out action against illegal and unauthorized illegal and unauthorized Water RO plant is running from property bearing no. E-18, Old Jasola, Okhla, New Delhi-110025;
(iii) issue any other or further appropriate writ(s) order(s) or direction(s) as this Hon'ble Court deems fit and proper in the facts and circumstances of the case, in favour of the petitioner and against the respondent.”
“I, Bhupesh Chandra Patel, S/o. Sh. S.P Patel, aged about 53 years, working as Superintendent Engineer (M)-XI , Delhi Jal Board, having its office at 102, Jal Sadan, Old Shiv Mandir Marg, Lajpat Nagar, New delhi110024, do hereby solemnly declare and affirm as under:-
A. That I am authorized in my official capacity to swear and depose to the present status report and as such, I am aware of the facts and circumstances bases on the records of the case.
1. That the present status report is being filed on behalf of respondent No. 1 and 2 i.e. Delhi Jal Board in compliance of order dated 30.10.2023 wherein the Hon‟ble court has directed the respondents to file a further status report and to produce original record in relation to inspection of the premises in question.
2. It is respectfully submitted that the premises in question (E-18, Old Jasola Village, Jamia Nagar, Okhla, New Delhi- 110025) has been jointly inspected by the Tehsildar (Defence Colony, link officer to Tehsildar Sarita Vihar) with Sh. Ritesh Singh and Sh. Rahul Kumar JE, DJB; Sh. Mukesh Kumar Supervisor BSES and constable Jahid Police station Sarita Vihar on 13.02.2024.
3. It is submitted that on joint inspection, no RO plant was found at site. However a functional bore well was found in front of the said property which was sealed on the spot in presence of two independent witnesses. A copy of the sealing memo and joint inspection note is enclosed herewith for ready reference. (Annexure A-1)
In view of the submission, it is respectfully prayed that this Hon‟ble court may kindly be pleased to take submission on behalf of the respondent on record and proceed further in the matter accordance of the law. The
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 17/08/2024 at 14:27:20
answering respondent shall be ever bound to adhere with the orders and or direction issued by this Court in the present matter.”
(ii) The respondent-Corporation shall ensure that the borewell in question shall not be misused by any private individual including respondent No.7.
(iii) In case the petitioner finds that there is a violation of the Status
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 17/08/2024 at 14:27:20
Report or the borewell in question is being put to use by any private individual without any permission from the official respondents, he shall be at liberty to file the complaint before the Delhi Jal Board. The Delhi Jal Board is directed to take necessary action strictly in accordance with the law.
PURUSHAINDRA KUMAR KAURAV, J
AUGUST 14, 2024 p‟ma
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 17/08/2024 at 14:27:20
1 issue framed by the court
Should authorities act against an alleged illegal water RO plant and borewell at the premises, and prevent misuse of a sealed borewell?
Khairun Nisa
Delhi Jal Board
Respondent No.7 (operator of property E-18, Old Jasola)
Purushaindra Kumar Kaurav
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
