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IN THE HIGH COURT OF DELHI
D.N. Patel, Jasmeet Singh, JJ.
Vivek Garg - Appellant
Versus
Government of NCT of Delhi - Respondent
W.P.(C) 4987 of 2021
Decided On : 26-04-2021
| Table of Content |
|---|
| 1. public interest litigation regarding water supply (Para 1 , 2) |
| 2. representation to be decided by authorities (Para 3) |
| 3. writ petition disposed (Para 4) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)
Proceedings in the matter have been conducted through video conferencing.
C.M.No.15286/2021 (exemptions from filing court fee/attested affidavit)
For the reasons stated in the application and in view of the present prevailing situation, the present application is allowed. However, the applicant is directed to file duly signed and affirmed affidavits within a period of one week and the requisite Court fee within a period of 72 hours from the date of resumption of regular functioning of the Court.
The application is disposed of.
W.P.(C) No.4987/2021
1. This public interest litigation has been preferred for the following prayers:
"(a) Direct the respondents No.2 for immediate supply of treated water to all parks within jurisdiction of NCT of Delhi whose bore-wells had been sealed by respondent No.2.
(b) Direct the respondents to allow the use of existing borewells for watering/irrigating of parks to maintain greeneries until alternate arrangements made by the Respondents.
(c) Pass any other appropriate order that this Hon'ble Court may deem fit and proper in the facts & circumstances of the case."
2. Having heard the learned counsel for the parties and looking to the facts and circumstances of the case, it appears that the petitioner has already preferred a representation dated 25th March, 2021 (Annexure P-2) before the concerned respondent authorities.
3. At this stage, we deem it appropriate to direct the concerned respondent authorities to decide the representation dated 25th March, 2021 filed by the petitioner, in accordance with the law, rules, regulations and Government policies applicable to the facts of the case, as expeditiously possible and practicable.
4. With these observations, the writ petition is disposed of.
Court directed authorities to expeditiously decide a representation for water supply and borewell usage for parks, emphasizing adherence to applicable laws and policies.
The court underscored the government's duty to provide adequate relief and rehabilitation to affected families under public interest litigation.
Public Interest Litigation cannot be used to collect information from the government without exhausting alternative legal remedies; misuse leads to dismissal and costs penalization.
An appeal can be withdrawn unconditionally without affecting the rights and contentions before the lower court.
The court affirms the role of timely administrative decisions in cooperative matters, allowing petitions to seek resolutions rather than solely quashing administrative actions.
Public interest litigation must be substantiated with concrete evidence rather than speculative claims; courts will dismiss frivolous petitions that lack due diligence.
The court emphasized the necessity of exhausting alternative remedies before filing a Public Interest Litigation, particularly regarding information requests under the Right to Information Act, 2005.
Petitioner has the right to have their representation decided by authorities, with the court affirming legal recourse for any grievances.
The court directed the government to make timely decisions on representations concerning vaccination protocols for NRIs and students, emphasizing adherence to laws and regulations.
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