IN THE HIGH COURT OF DELHI AT NEW DELHI
W. P. (C) 841 OF 1998
IN THE MATTER OF:
DR. B. L. WADHERA
.PETITIONER
VS
UNION OF INDIA & ORS.
.RESPONDENTS
17.01.2007
Present: Mr. Ashok Aggarwal with Mr. Manish Bansal and
Ms. Shilpi for the petitioner
Mr. Jagmohan Sabharwal, Sr. Adv. With
Mr. S. K. Sabharwal for DDA
Mr. Shivinder Chopra with Mr. Ravi Das
Engineer in Chief of MCD
Ms. Anjana Gosain for NDMC
Mr. Ankur Jain for counsel for AIIMS
Ms. Rajeshwari Shukla with
Ms. Ratna Dwivedi for Apollo Hospital
Mr. A. S. Chandiok, Sr. Adv. With
Ms. Sweta Kakkad and Mr. S. B. Khan for Amicus
Mr.Sandeep Aggarwal for DJB
Mr. Anand K. Mishra for Govt. of NCT Delhi
Ms. Alpana Poddar for Pollution Control Board
W.P. (C) 841 / 1998
Mr. Ashok Aggarwal, Adv. submits that Mr. Wadhera, who was the petitioner in this case had since died and his name may be substituted in place of Mr. Wadhera as it is a public interest litigation and he had been pursuing the case. On his oral request and also there is no objection from any side, his name is substituted in place of the petitioner Mr. Wadhera. The amended memo of parties be filed within one week from today.
We have heard the petitioner and different counsel appearing for the parties, members of the Committee, the counsel appearing for the authorities as well as the officers present in court.
Learned counsel appearing for the Corporation submits that he has filed the report in terms of order dated 12th December, 2006 yesterday in the Registry but the same is not on record.
The Committee appointed by this court has also submitted its report showing that the state of affairs, particularly in the zones which they visited after the passing of the previous order, we inhuman and in violation of the laws.
We have no reservations in observing without hesitation that the Municipal Corporation of Delhi is failing to discharge its statutory obligation and has failed to act despite specific orders which have been passed by this Court since this year 1998 when this petition was filed before this court.
Mr. Anil Prakash, Director-in-Chief in whose presence the directions were issued by this court on 12th December, 2006 has really failed to meet the expectations of the court. Now Mr. Ravi Dass, Engineer-in-Chief is stated to have taken additional charge of the post and we have nothing more to say in view of total failure in the machinery in the Corporation in relation to public health. However, at this stage, we will refrain from making any further observations and issue notice to the concerned authorities including the Chair person and the Commissioner of MCD. We make it clear that all the previous orders and this order should be brought to their notice today itself. Before we proceed to take any serious view in the matter, we would grant another opportunity to the Corporation to remedy the wrongs, perform its duties as contemplated under the law and ensure complete compliance of the orders and directions issued by the Court from time to time. We issue the following directions to put the matter unambiguously beyond doubt:-
1. The MCD as well as NDMC shall ensure construction of public toilets/urinals meant for use by the disabled persons. In other words they should be disabled friendly. Merely providing a ramp to approach the toilets would not be considered as sufficient compliance of this direction.
2. The various photographs placed by the Committee on record show the toilets are being kept in a wholly unhygienic condition, their maintenance is poor and they are being even used for parking the MCDs vehicles. The MCD shall take immediate steps to ensure that all public toilets are kept clean. Their proper maintenance will also be ensured so that they can be utilized by the general public without inconvenience.
3. The MCD as well as the NDMC would ensure that they do not violate any provisions of The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993.
4. In the event they are compelled to employ persons temporarily to carry out the above directions of the Court, then the persons so employed shall be provided adequate protective gear and equipment to prevent any risk to their safety or injury to their health.
5. The MCD and the NDMC shall by the next date of hearing place before the Court a concrete proposal in regard to construction and maintenance of public toilets/urinals directly proportionate to the density of the population in a particular zone. These plans/proposals shall be time bound.
6. Before the next date of hearing, Affidavits shall be filed by the Commissioner of the MCD as well as the Chief Engineer who is holding the additional charge of the concerned post stating what steps have been taken by them for repairing/making the toilets/urinals operational.
7. As there has been a persistent failure on the part of the concerned officers, we direct that a meeting shall be held in the office of the Chief Secretary, NCT of Delhi at 5.00 P.M. tomorrow (18.01.2007) which should be attended by all concerned officers including the Commissioner and Chair Person of MCD/NDMC.
The Chief Secretary would ensure that directions of the Court are strictly complied with and an occasion does not arise before the Court that Court has to pass certain coercive directions including issuance of notice of contempt to the concerned officers for non-compliance of the orders of the Court. Every effort should be made, within as short a time as practicable for converting the dry toilets/urinals presently existing in the NCT of Delhi into flush toilets. All efforts should be made to keep the toilets at public related utility services including at the Railway stations properly maintained and free of stink.
We may also notice that vide order dated 19th July, 2001, the Court had already required the Chief Secretary of Delhi to coordinate the various departments and authorities to ensure compliance of directions of the Court. We do hope that the authorities would wake up from their slumber and effectively implement the orders of the Court which in any case, is their public law obligation. They hardly need be reminded that they have been constituted for the welfare of the public and not to collect taxes without discharging their obligation particularly towards public health.
The Committee appointed by the Court would be at liberty to visit any public toilets/urinals in the area of NCT of Delhi after one week from today and they shall file a comprehensive report in regard to the progress of compliance of the directions of the Court issued till today.
List this petition for directions on 2nd February, 2007.
We make it clear that all the required affidavits should be filed at least two days before the next date of hearing. Non-compliance of any direction shall be viewed very seriously by the Court.
Copy of the order be given dasti to the counsel appearing for the parties under the signatures of Court Master today itself.
The Chief Secretary of NCT of Delhi would be informed by the Registrar General of this court about the meeting to be held on 18th January, 2007.
SWATANTER KUMAR, J.
S. MURALIDHAR, J.
JANUARY 17, 2007
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