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$~32 & 33 *IN THE HIGH COURT OF DELHI AT NEW DELHI +

W.P.(C) 8917/2015 GAURI GROVER Through :

..... Petitioner Mr. Satya Ranjan Swain, Adv.

versus GOVERNMENT OF NCT OF DELHI & ORS ..... Respondents Through : Mr. Sanjoy Ghose, ASC with Ms. Pratishtha Vij and Mr. Rishabh Jetley, Advs. for GNCTD/R-1. Mr. Sanjeev Narula, CGSC with Ms. A. Chandra, Adv. for UOI. Mr. Biji Rajesh and Ms. Eshita, Advs. for EDMC. Mr. Mukesh Gupta, Standing Counsel with Ms. Shashi Mittal, Adv. for SDMC. Mr. D. Moitra, Adv. for R-5&6. Mr. S.K. Nanda, Adv. for R-7. Mr. Ankit Gupta, Reporter. +

W.P.(C) 9006/2015 ARPIT BHARGAVA Through : versus

W.P.(C)Nos.8917/2015 &9006/2015

..... Petitioner Petitioner in person.

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GNCT OF DELHI THORUGH ITS CHIEF SECRETARY & ORS ..... Respondents Through : Mr. Sanjoy Ghose, ASC with Ms. Pratishtha Vij and Mr. Rishabh Jetley, Advs. for GNCTD/R-1. Mr. Bhagvan Swarup Shukla, CGSC with Mr. Shambhu Chaturvedi, Adv. for UOI. Mr. Biji Rajesh, Ms. Eshita and Mr. Gaurang Kanth, Advs. for EDMC. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR ORDER 31.05.2017

1.

A programme called “Ghanti Bajao” which was telecast by

the ABP news channel yesterday, i.e., on 30th May, 2017 was brought to our notice today. 2.

We had called for a soft copy of the programme inasmuch as

its contents are relevant to the issues which are under consideration in these two writ petitions. After duly informing all the counsels appearing in the matter, the programme has been viewed in court today. 3.

Let an affidavit be filed by Mr. Ankit Gupta, Reporter/Local

Commissioner regarding the dates on which the inspection, as featured in the film, were committed and the authenticity of the film and the details of the specific locations. W.P.(C)Nos.8917/2015 &9006/2015

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4.

So far as functioning of the Municipal Corporation of Delhi

is concerned, it highlights several lapses in the manner with which the East Delhi Municipal Corporation is undertaking the simple task of removal of garbage from the areas which are under its control. 5.

The programme manifests that there is complete apathy

regarding the removal of garbage collected in proximity to residential areas and on public streets. No cleaning schedule whatsoever is maintained by the EDMC. The film depicts large number of flea and insects, clearly manifesting that the status reports filed before us regarding action taken towards prevention of dengue and chikungunya are completely false. 6.

It is obvious that this court was misled with regard to the

action being taken by all the statutory authorities regarding discharge of their statutory functioning. Inasmuch as the issue involves public health, such conduct is completely unpardonable. Giving that the several judicial orders passed on every aspect of the matter have fallen on deaf ears and have not been complied with, action under the Contempt of Court Act is certainly invited. 7.

While punitive action may be necessary, at the same time it

is essential to ensure that the work of garbage disposal, which directly impacts breeding of the disease carrying mosquitoes has to be addressed on war footing. The grievances raised by the citizens as well as the MCD employees brought out in the film emanate from lack of wherewithal which includes, brooms, proper uniforms W.P.(C)Nos.8917/2015 &9006/2015

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in the nature of footwear, protective clothing, etc. for cleaning gutters; payment of wages; lack of appropriate machines, etc for garbage removal as well as lack of funds by the MCD. 8.

Invariably, the defence is taken that so far as Delhi is

concerned, land and policing are the subject matter of the Central Government. It is obvious that the authorities concerned have no cohesion and are certainly unable to sit together to resolve the problems. 9.

The film makes it obvious that without constant monitoring,

these authorities are not going to act. This court does not have the wherewithal to continuously monitor the performance of these statutory bodies. As it is evident from the production of the ABP news channel, its reporters are vigilant and conversant with the manner in which the MCD and the authorities concerned are functioning (or not functioning) in Delhi. 10.

The authorities cannot play an inter-se blame shifting game,

as to whether the matter falls in the domain of the Central Government or the Government of NCT of Delhi. 11.

It is apposite to quote a sentence from an order passed by a

bench headed by Dipak Misra, J. in the Cauvery Water Dispute when he said that “The State [of Karnataka] should not bent upon maintaining an obstinate stand of defiance, for one knows not when the wrath of law shall fall on one”. W.P.(C)Nos.8917/2015 &9006/2015

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In view of the above, we direct as follows: (i)

All parties represented before us shall take a soft copy of the

production “Ghanti Bajao” produced by the ABP news channel and place before the Secretary, Ministry of Urban Development, Government of India; Chief Secretary, Government of NCT of Delhi and Commissioner of all Municipal Corporation of Delhi and ensure that the same is viewed by them. (ii)

We appoint Mr. Ankit Gupta (MB : 9810317758), Reporter

with the ABP news channel as a Local Commissioner in this matter who is present today. The Local Commissioner and his team is directed to randomly conduct inspections and place before us, in soft format, the position regarding the garbage removal and disposal in anywhere in Delhi which includes the South Delhi Municipal Corporation; the East Delhi Municipal Corporation; the North Delhi Municipal Corporation; the Delhi Cantonment Board and the New Delhi Municipal Council. (iii)

An interim inspection report may be placed before us on or

before the next date of hearing, i.e., 2nd June, 2017. (iv)

It shall be open for Mr. Ankit Gupta, Reporter of ABP news

channel and his team to seek police assistance as and when deemed necessary. (v)

In the meantime, orders regarding the contumacious conduct

of the parties are deferred till the next date of hearing. (vi)

Let a copy of this order as well as the video clip be placed

before Lieutenant Governor of Delhi as well, who may take such W.P.(C)Nos.8917/2015 &9006/2015

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appropriate action, as deemed necessary, to ensure that the requisite wherewithal as noted above and wages are ensured to the employees of the MCD. (vii) The report shall be submitted by the Commissioner, EDMC with regard to the wages of their employee, namely, Smt. Sita, who features in the ABP film. (viii) We direct the DCP of the District/SHO of Police Station concerned, if approached for assistance by Reporter Ankit Gupta or by any member of his team, to give necessary police assistance for the purpose of execution of the above commission. (ix)

Let the film be written onto a CD and be placed on the

record of both writ petitions. List on 2nd June, 2017. Dasti to parties under signatures of the Court Master.

ACTING CHIEF JUSTICE

C.HARI SHANKAR, J MAY 31, 2017 mk

W.P.(C)Nos.8917/2015 &9006/2015

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