GREATER KAILASH RESIDENT ASSOCIATION Vs. VIJAY KAPOOR

JUDGEMENT

(1.) CWP 4488/95 was. filed by the Greater Kailash Residents Association for direction to MCD to clean the storm water drain/nala flowing between Block A and B and to stop flow of Pollutants in between. This petition was disposed of by order dated 5.2.97 requiring the MCD to continue cleaning operation of the nala regularly as per its norms.

(2.) Later Secretary of the Association filed this CCP alleging non-compliance of Court order in as much as the MCD had failed to carry out the cleaning operation. It appears that during the pendency of this CCP, President of the Association addressed one letter to the Deputy Commissioner, MCD praising cleaning exercise undertaken by the MCD. Noticing the contrary stand taken by the office bearers of the Association, this Court issued show cause notice to both the President and Secretary of the Association. They have filed their replies and have explained position. It is submitted by Sh.Agya Singh, President that he had issued the letter in good faith which reflected the position on the relevant date but thereafter MCD had again relapsed into slow action. The MCD on this point has submitted that it was doing all that was possible under the norms to undertake the cleaning operation for the drain/nala. It is pointed out that the office bearers of the Residents Association wanted the Corporation to go by their wishes which was not possible.

(3.) It does not appear to me a case where MCD could be hauled up for any deliberate or intentional disobedience of the court orders. The Court had wanted it to carry on the cleaning operation of the nala and it was admittedly doing so though not as desired by the Residents Association. Its case is that it was taking steps under the norms and could not do any more according to the wishes of the Association.