The main legal point established in the judgment is the duty of the Municipal Corporation of Delhi to take proactive action against the sale of contaminated water and artificially flavored color drinks by unlicensed roadside hawkers.

JUDGMENT :

1. The instant Writ Petition under Article 226 of the Constitution of India has been filed as a Public interest Litigation (PIL) by Refrigerated Water Licensees Association (Regd), a registered association having more than 300 water cooling units, with the following prayers:—

“a) The present writ petition may be allowed and writ in the nature of mandamus be passed and the Respondents be directed to forthwith put total ban on the sale of contaminated water by unlicensed roadside hawkers Selling through E-Rickshaw & through unauthorised permanent structure and selling artificially flavoured colour drinks made from harmful chemicals and substances and styling them as Shikanjavi, lassi, aamras etc.

b) The Respondents be directed to ensure the implementation of their own guidelines, rules and Law as already stated herein above.

c) No hawkers should be permitted to sell artificially flavoured colour drinks made from harmful chemicals and substances and styling them as Shikanjavi, lassi, aamras etc.

d) The Respondents should be ordered to forthwith confiscate such E-Rickshaw/vendors selling such contaminated water and drinks and take action including imposition of penalty and prosecution &Demolish permanent structure from where the water is sold.

e) The Commissioner of Police, Respondent No. 7 should be ordered to issue instructions to all Police Stations to assist the MOD and ensure that no unlicensed hawkers sell artificially flavoured colour drinks made from harmful chemicals and substances and styling them as Shikanjavi, lassi, aamras etc.

f) The persons selling water outside the said Metro stations and other places be immediately removed and stopped from selling contaminated water and action in accordance with law be taken against them”

2. Notice was issued in the instant Petition on 17.08.2017, and this Court directed the Respondents to file counter affidavits.

3. The Respondents have filed Status Reports from time to time. The Respondents being the North, South, East MCD vide these status reports have from time to time placed on record the action taken in the form of raids conducted, sub-standard ice destroyed, and prosecutions undertaken.

4. From time to time, the Petitioners also addressed communications to the Respondents apprising them of sale of shikanjavi, aamras, coloured drinks, etc. andunlicensed water trolleys/Water ATM selling water withoutthe license. In this regard, the Petitioners have also filed applications dated 14.04.2018, 27.07.2018, 11.03.2019, 25.09.2019 (Local Commissioner), 05.04.2022 (banning of sale of contaminated). Notice was issued on all such applications.

5. Pursuant thereto, on 17.08.2022, the Ld. Counsel for the Respondent No. 1/SDMC informed this Court that all Corporations have now been merged into one corporation which is the Delhi Municipal Corporation and will be filing a consolidated status report on behalf of the Corporation.

6. A latest common Status Report dated 09.11.2022 was filed on behalf of the Municipal Corporation of Delhi. The MCD has placed on record that there are 12 zones falling under its jurisdiction and the MCD has been regularly taking action against various persons running unauthorized business of sale of water through unlicensed water trolleys, unlicensed sugarcane juice shops, other persons selling ice cream, unauthorised water cooling plants and other products made from water. With regard to the action taken in respect of the unauthorised water cooling plants in these 12 zones, the following data has been presented before this Court in tabular format:

South Zone: