SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2015 Supreme(Del) 2787

IN THE HIGH COURT OF DELHI
MANMOHAN, J.
Dwarkadhish Residents Welfare Association – Petitioner
Versus
Govt. of NCT, Delhi & Ors. – Respondents
W.P.(C) 7768/2013
Decided On : 10-12-2015

Advocates:
Advocate Appeared:
For the Petitioners: Mr. Sunil Jain, Adv.
For the Respondents: Mr. Peeyoosh Kalra, ASC, GNCTD with Ms. Sona Babbar, Adv. for R-1 Mr. Rajiv Bansal with Ms. Arpita and Mr. Siddhant Gupta, Advs. for DDA/R-2 Mr. Kapil Dutta, Adv. for Mr. Ajay Arora, Adv. for R-3/NDMC Mr. Manish Srivastava, Adv. for R-4 Mr. Siddhartha Nagpal, Adv. with Mr. D.P. Semwal, AE for DJB/R-5

The court upheld the standard operating procedure for the provision of basic civic amenities and issued specific directions related to electrification and layout plan handover.

Headnote:

standard operating procedure - civic amenities - The court accepted the standard operating procedure agreed upon by various civic agencies and Discoms to ensure timely provision of basic civic amenities to DDA allottees. The civic agencies are held bound by the standard operating procedure, with the liberty to make changes through joint meetings if necessary.

Fact of the Case:

The Vice-Chairman of DDA convened a meeting to discuss the provision of basic civic amenities like electricity, water, sewage connection, and approach road for plots allotted by DDA. The standard operating procedure agreed upon by various civic agencies and Discoms was accepted by the court.

Finding of the Court:

The court directed DDA to transfer land to the Government of NCT of Delhi, grant working permission, and pay electrification charges for the electrification of Dwarkadhish area. Additionally, the officials of DDA were directed to hand over a copy of the layout plan of Pocket B, Sector 26, Rohini to the concerned party.

Issues: Provision of basic civic amenities, electrification of Dwarkadhish area, and layout plan handover.

Ratio Decidendi: The court accepted the standard operating procedure for the provision of basic civic amenities and directed specific actions related to electrification and layout plan handover.

Final Decision: The present writ petition was disposed of with the court's observations and directions.

JUDGMENT :

MANMOHAN, J.

1. In pursuance to the order dated 09th September, 2015, the Vice-Chairman, DDA convened a meeting of various civic agencies and Discoms. The minutes of meeting dated 24th September, 2015 have been placed on record on 04th December, 2015 wherein a standard operating procedure to provide basic civic amenities like electricity, water, sewage connection and approach road has been agreed upon between various civic agencies and Discoms with regard to plots allotted by DDA.

2. The standard operating procedure as mentioned in the said minutes of meeting dated 24th September, 2015 is reproduced here-in-below:-

i. It was decided that before approval of the layout, consent of DISCOM should be taken by the planning wing with respect to location and size of the land for construction of electric sub-station and Grid.

ii. The working permission should be given simultaneously to the GNCTD alongwith the letter of offer of the plot so that the construction of sub-station and grid work may progress in pace with the other development work. DISCOM shall inform DDA the financial implication and the DDA should make payment as per the DERC norms as well as in line with the orders placed by DISCOMs on the equipment suppliers. It was decided that the DDA should match the tender conditions of Discoms regarding equipment supply by having budget allocation and approval in advance.

iii. At the time of sending schemes to DJB for approval, the estimated water requirement of each sector will be clearly specified. Also the estimated sewerage generated in the proposed sector, shall be intimated. DDA will assure DJB that the area will not be populated before the approval is accorded by DJB during which they can provide the water & sewerage facilities. The infrastructure funds will be paid at the time of approval of these development schemes as per existing practice. DJB will ensure that water & sewerage services will be made available after the schemes are approved and before the possession is handed over by DDA to its allottees.

iv It was observed by VC, DDA that the development of parks and greenery is purely DDA’s job in the area under its jurisdiction. Boundary wall/tree plantation in the inner boundary walls of parks is to be done by DDA before the payment of final instalment by allottees.

v. The work of storm water drain is to be taken up only after completion of water supply and sewerage scheme besides fifty percent completion of building activities by the resident/s allottees as the storm water drain may get dismantled/damaged during construction/building activities by its residents/allottees.”

3. Learned counsel for the civic agencies and Discoms have no objection to the aforesaid standard operating procedure.

4. This Court is also of the opinion that the standard operating procedure as agreed upon by the various civic agencies and Discoms is reasonable and would ensure that allottees of DDA get basic civic amenities in time.

5. Consequently, the standard operating procedure is accepted by this Court and all the civic agencies are held bound by the same.

6. In future, if the standard operating procedure is to be deviated from, the civic agencies are at liberty to hold a joint meeting and make changes.

7. As far as the issue of electrification of Dwarkadhish area is concerned, this Court directs DDA to transfer land to the Government of NCT of Delhi as well as grant working permission in accordance with the aforesaid minutes of meeting and pay electrification charges, if any, payable to the Discom, within a period of three weeks.

8. The officials of DDA are directed to hand over a copy of the layout plan of Pocket B, Sector 26, Rohini to respondent No. 4 within a period of two weeks.

9. If any further information is required by respondent No. 4, the same shall be intimated to the Chief Engineer, Rohini zone, DDA within a period of three weeks.


10. Response, if any, shall be tendered within a further period of two weeks.

11. With the



Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top