Deliberate violation of a court order can lead to contempt charges and civil imprisonment.

1. In the present contempt petition the petitioners have submitted that despite assurances given in the Court in WP 4034-36/2004 dated 6.3.2006 that all broken sewer lines as set out in the report of Mr.B.M. Dhaul would be rectified by 31.5.2006 and it would be ensured that no sewage flows into storm water drain, the respondents failed to comply with the order and assurances given in the Court. Repeated representations and demand letter written by the petitioner after passing of the order had no effect. Petitioner has placed on record representations and letters written to the respondents on 25.8.06, 23.9.06, 13.10.06, 3.11.06, 13.3.07 and 21.8.07 addressed to Chief Engineer, respondent No.1 pointing out that sewage and sullage was still flowing in the storm water drain. The petitioner contended that respondent No.2 Mr.Arun Mathur, was squarely responsible for not discharging his duty of inspecting the sewage lines and to stop the flow of sewage and sullage into storm water drain. The contemner, respondent No.2 was in gross contempt of order of the Court. Respondent No.3, Chief Engineer and respondent No.4, Executive Engineer had also failed to perform their duties and functions of stopping sewage and sullage going into the storm water drain. It is stated that Mr.B.M. Dhaul, Chief Engineer of Delhi Jal Board had undertaken before this Court that sewage lines would be restored to original stage by mid of 2006 but this was not done and therefore, they are guilty of willful and intentional disobedience of the order of the Court.

.2. In response to the contempt petition, the respondents have denied the allegations of willful and intentional disobedience of the order of the Court and simultaneously pleaded an unconditional apology for any act considered contumacious. It is stated that Kalkaji trunk sewer having a length of 4 km to which the sewer lines of Greater Kailash, Masjid Moth, EPR colony and Chirag Enclave were connected, was more than 35 years old and in bad shape. It was submitted that following actions were taken by the respondents in order to comply with the order of the Court:- (i)The sewer line of 250mmQ carrying discharge from Savitri Cinema Complex was replaced which was found damaged and discharging into the drain. (ii)The individual house sewer connections of GK-III in front of Savitri Flyover were found discharging directly into the storm water drain. These connections were shifted to sewer line. (iii)The sewer line carrying the discharge of Masjid Moth and GK III was found damaged inside the drain near Savitri Cinema. The same was restored to carry the sewage in the sewer line. (iv)Damaged sewer line under Savitri flyover was traced out and replaced to connect the sewer flor from Chirag Delhi side into the sewer line. (v)The sewer line in B-Block Kalkaji was also found directly connected to the drain. Same has been diverted to the trunk sewer line. (vi)The inflow of sewer into the drain from Savitri Cinema, outer Ring Road side, i.e., southern side of VSNL compound was stopped and diverted into the sewer line.”

3. It was further submitted that due to above actions of the respondents flow into the storm water drain was considerably reduced by September 2006. However, fresh settlement was observed in Kalkaji trunk sewer in September 2006 that resulted in increased flow of sewage into “S” Block storm water drain again. Tenders for fixing sewer lines were invited in November 2006 and during execution of the restoration work, further settlement occurred in the upstream reach of already settled sewer line. This work was completed on 8.1.2008. A decision was taken to rehabilitate the dilapidated trunk sewer line and other steps were also taken. The estimated cost of rehabilitated trunk sewer lines was about Rs.1700 lac. Tenders for this work were invited in March 2008 but the respondents received no response. Tenders for augmenting sewer system and laying new sewer line costing about Rs.200 lac were also invited