Delhi Govt. had informed the Court of their existence
NEW DELHI: The Delhi High Court has stayed Delhi Government orders declaring two water bodies in the Capital -- one at Mayapuri and the other at Jahangirpuri -- as non-existent despite the fact that it had earlier informed the Court about their existence.
A Division Bench of the Court comprising Justice Mukul Mudgal and Justice Vipin Sanghi stayed the two orders on an application by social activist Vinod Kumar Jain.
The applicant sought quashing of the two orders issued by the Chief Secretary of the Delhi Government and the Chief Engineer of the Public Works Department with respect to the two water bodies.
The applicant submitted that the documents submitted by the PWD to the Court clearly recorded 36,000 square feet as the total area of the water body at Mayapuri.
The Court also observed that “prima facie it appears that the order does not accord with the pleadings and documents filed in this Court”.
The Chief Secretary’s order declaring the other water body in Jahangirpuri non-existent was beyond the mandate given to him by the Court. The Chief Secretary is the head of a nodal agency constituted by the Court to make efforts for revival of water bodies in the Capital, Mr. Jain submitted.
Nod to submission
The Court also agreed to the submission by the applicant observing that “prima facie, the scope of the Chief Secretary authority does not include the determination of the issue whether a particular water body exists or not”.
Issuing a notice to the Government, the Bench said: “No credence shall be given to the two orders till further orders.”