ANAND PARBAT RESIDENTS ASSOCIATION Vs. RAMJAS FOUNDATION

JUDGEMENT

(1.) This case has a long and chequered history. The original complaint was filed in April, 91. The complainant is an Association of residents of Anand Parbat area under the Ramjas Foundation, an educational society running various educational institutions in the capital. The District Forum gave certain directions by its order dated 6.2.92. These included direction for supplying water to the complainant and levying charges therefore and keeping the water supplylines and tanks in clean and hygenic condition. Both the parties filed appeal against the order. These were dismissed by this Commission. No further appeal appears to have been filed. The matter, thus, attained finality.

(2.) The applicants applied u/section 27 of the C. P. Act for enforcement of the order. Reply of the respondent was taken and various orders passed from time to time. At one stage it was agreed between the parties that the responsibility of supplying water would be taken over by the Municipal Corporation of Delhi. Somehow the question of taking over by MCD did not materialise. The application u/section 27 was disposed of by District Forum-I with the observation that no further action was possible. The applicants preferred a Revision Petition No.449/ 94 against the order of the District Forum. The same was allowed by our order dated 19.4.95 and it was observed that it was clearly the duty of the District Forum to take the matter to its logical conclusion and to see that the directions, which had been issued earlier, were implemented. The District Forum was, therefore, directed to re-admit the application u/section 27 and proceed further according to law so that the directions contained in the order dated 6.2.92 were implemented.

(3.) The parties appeared before the District Forum. A report was received from the President of the District Forum that a large number of members of the applicant Association raised slogans and made it difficult for the District Forum to work. The District Forum requested that the case be transferred to the other Forum as it was not found possible for them to proceed further in the matter. Notice was issued to the respondent and by a detailed order dated 9.6.95, we decided to deal with the application ourselves. In the same order the back history of the case was noticed in necessary detail and it was felt that without the active involvement of MCD it would not be possible to find an effective solution. On the oral prayer of both the parties notice was directed to be issued to Additional Commissioner (Water) of Municipal Corporation of Delhi. Mr. S. K. Chachra has entered appearance on behalf of MCD and his categorical stand is that no direction can be given to the Municipal Corporation of Delhi to take over the responsibility of water supply to the area and as present advised the MCD was not willing to take over the said responsibility.