Judgment · High Court

CORAM: HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE SANJEEV SACHDEVA O R D E R 17.02.2016 % CM Nos.4814/2016(intervention) & 16559/2015 (directions) These applications have been filed in a disposed of matter, wherein the order dated

29.07.2010 had indicated certain measures to be taken, particularly, by the DDA and the Delhi Police. The directions given on that date were as under:- “A. It will be the obligation of the DDA to maintain the walls and see that no breach occurs during the rainy season or otherwise B. If the DDA requires any assistance for maintaining of the walls, the Commissioner of Delhi Police shall provide requisite assistance on such request being C. The petitioners shall also share the responsibility by informing the competent authority of the DDA as well as the local police so that prompt action can be taken in this regard D. The DDA shall organize awareness camps amongst the jhuggi jhopari dwellers and make them aware that the walls built by the DDA are not to be tinkered with and that apart it shall also be brought to their notice that if such an act is done they would be booked under law. E. The DDA and the Police shall act in harmony so that walls are maintained so that encroachment on public land is avoided.” The petitioners have filed the present applications bringing to the notice of the Court that the wall, which was to be maintained by the DDA, has been breached and that encroachment has taken place and has spilled over to the road. The directions given by this Court, while disposing of the writ petition on 29.07.2010, clearly indicated that if the DDA required any assistance for maintenance of the wall, the Commissioner of Delhi Police was to provide requisite assistance on such request being made. On going through the status report filed on behalf of the Delhi Police and, particularly, the SHO of Police Station Kalkaji, it appears that the Delhi Police has been ready to provide assistance and has even suggested to the DDA to undertake a drive for removing the encroachments which have sprung up contrary to the directions given by this Court. It appears that the fault lies with the DDA in not ensuring that the wall that was constructed, as per the directions of the Court, was not breached. Furthermore, because of the breaches in the wall, the unauthorized construction is taking place beyond the wall on the road and many commercial shops have opened. Photographs to this effect have been filed by the petitioners in the present applications. Consequently, we reiterate the directions issued by this Court on 29.07.2010 and also, at the same time, direct the DDA to ensure that those directions are complied with. It goes without saying that if any Police help is required, the same shall be provided, as already indicated in the status report filed on behalf of the Delhi Police. The concerned Executive Engineer (Works) of South Delhi Municipal Corporation shall fully cooperate with the DDA and the Police in ensuring compliance of the orders passed by this Court in letter and spirit. In case we find any of the officials wanting, we may be constrained to take coercive measures against them. In case of any difficulty, the petitioners are granted liberty to apply to this Court. These applications stand disposed of. The compliance be reported within four weeks. Dasti under signatures of the Court Master. FEBRUARY 17, 2016 ‘sn’ BADAR DURREZ AHMED, J SANJEEV SACHDEVA, J