HC declines to hear plea seeking potable water, sewage lines

The Delhi High Court has declined to entertain a petition seeking various amenities such as potable water, sewage lines and plantations of trees in a locality here, saying such grievances have to be first raised before the authorities concerned.

A Bench of Chief Justice D.N. Patel and Justice Jyoti Singh told the petitioner, a resident of Gautampuri, Phase-2 in Badarpur, to give a representation to the authorities with his grievances.

“Needless to state that if and when such a representation is preferred by the petitioner, the authorities concerned shall look into the issues highlighted and grievances ventilated, in accordance with law and government policies,” the High Court stated in order.

The court was of the view that the platform of a public interest litigation cannot be used to seek information from the authorities and that if the petitioner wanted details of utilisation of development funds allotted for the locality, the remedy under the Right to Information Act, 2005, was available to him.

“In case the petitioner is aggrieved due to non-supply of the information, if and when sought for, he has a remedy of First Appeal and thereafter a Second Appeal under Sections 17(1) and 17(3) of the Right to Information Act, 2005, respectively. Thus, petitioner is not remediless and has an alternate efficacious remedy,” the court said.

“Petitioner has approached this court without even preferring a single representation before the concerned authorities to ventilate the grievances. It would be appropriate if the petitioner first approaches the authorities tasked with the functions, whose inactions are complained of. Hence, we see no reason to entertain this petition at this stage,” it added.

The petition claimed that there was scarcity of water in the area, which needed to be resolved at the earliest in order to save people from “roam(ing) the streets in search of water”. The plea also submitted that the area faced the problem of open defecation, dilapidated roads and encroachment in parks and sought reservation of seats for children from weaker sections in the area in all the private schools.

The plea sought for removal of illegal occupiers, along with the initiation of a plantation, to give the children there an opportunity to “live their childhood and get a clean and tidy environment”.

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Printable version | Sep 21, 2021 9:02:15 AM |

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