O R D E R

% 10.09.2024

1. The petitioner in the instant writ petition seeks for directions to respondent No.1 to cover the open drain/nalla i.e. Palam link drain allegedly flowing through Mahavir Encalve; Mahavir Vihar, Pocket 1 & 2 Dwarka Sector 1.

2. During the pendency of the instant writ petition, various directions came to be passed and Status Report has also been filed by the respondent- Corporation. The respondents, while placing reliance on the directions passed by the National Green Tribunal submit that the prayer made in the instant writ petition cannot be acceded to on account of the said directions.

3. Having briefly considered the submissions made by learned counsel for the parties, the Court is of the considered opinion that if the petitioner has any grievance, the appropriate recourse is to agitate the same before the concerned Executive Magistrate, as envisaged in the Bharatiya Nagarik Suraksha Sanhita, 2023, [“Sanhita”]. The Court takes note of the provisions enshrined in Chapter XI (B) and (C) of the Sanhita and finds that Sections 152 to 163 therein provide a mechanism as to how such a grievance can be redressed by the District Magistrate or by a Sub-Divisional Magi