JEET RAM Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) This writ petition can be disposed of at this stage. The dispute between the parties is with regard to drain out the water which accumulates in village Devli during monsoon season. This writ petition has been filed by the petitioner with a prayer that MCD should construct a full drain. The difficulty was that there were two alternative modes portrayed. Meetings and conferences were held. Orders have been passed in this writ petition. Ultimately on the last date of hearing, at the request of Lt. General V.N. Kapoor who stated that he was the member of the Managing committee of the respondent, we had directed that a meeting be held with the Chief Engineers of the MCD. Pursuant to our directions, a meeting was held in the room of Mr.V.K. Mehrotra, Chief Engineer-III, MCD on 6.3.2006. Minutes of the meeting are placed before us. We would like to reproduce the same in our order:- "The case was last heard on 1.3.2006 wherein Hon'ble Court directed that a meeting be convened with the representatives of Delhi Sainik Farm Society and the Petitioner in the office of CE-III, MCD to sort out the various issues related to traffic management etc. during execution of work at site.

(2.) Accordingly, a meeting was held in the room of the undersigned on 6/3/06 wherein following were present :- 1. Lt. Gen. V.N. Kapoor, Member, Managing Committee, DSF Bldg. Society. 2. Brig. S.C.L. Malik, Chairman, DSF Bldg. Society. 3. Brid. O.P. Narula, Member 4. Sh. Jeet Ram, Petitioner. 5. Shri Girish Sharma, EE (Project) South Zone During discussions following issues were raised :- 1. Traffic Management during construction at site. 2. Foul Smell emanating from the drain throughout the year.

(3.) Riding quality of road surface after construction of drain. The above points were discussed in detail and it was explained that total length of drain proposed to be constructed was 2093 meters, out of which 1500 meters was passing through Sainik Farms. The width of road for a length of about 1000 meters was more than 25', and in further length of 300 meters also it was more than 25', but with row of trees planted on one side of the road and in a reach of about 200 meters, it was only 17'. The traffic movement plan prepared by MCD was shown to the representatives and it was explained that during construction of drain also one way traffic on this road, will be ensured. There are some typical bends/T-junctions on the road for which pre cast sections of the drain shall be used for speedy construction. The members stated that in addition to traffic of Sainik Farm there was a large volume of traffic using this road for going to nearby colonies also, it was explained by MCD officials that a number of alternate roads were available for this traffic and during period of construction this traffic need not come to Sainik Farm.