"Would Benefit 15 Lakhs Residents": High Court Orders Najafgarh Mandi Association To Vacate Delhi Jal Board's Land For Constructing Water Treatment Plant

The Delhi High Court has directed members of a fruits and vegetables sellers association to vacate a land belonging to Delhi Jal Board for construction of 2nd 50 MGD Water Treatment Plant, which would provide relief to the residents of the areas including city's Dwarka Sub-City Najafgarh, Uttam Nagar, Sagarpur, Rajokari and Bijwasan.

The association in question is Najafgarh fruits vegetables and wholesale sellers adhitey association sabzi mandi, Najafgarh.

A division bench comprising of Acting Chief Justice Vipin Sanghi and Justice Sachin Datta was of the view that the said water treatment plant is essential to serve a very large part of the city and would benefit about 15 lakhs residents.

"Clearly, public interest at large would suffer if construction of the proposed water treatment plant is impeded in any way," the Court said.

It added "Admittedly, the land, wherein, the appellants are presently located and where they were shifted under the orders of the DDMA due to the COVID situation, belongs to the Delhi Jal Board, and the Delhi Jal Board requires the said land for setting up Water Treatment Plant with 50 MGD capacity."

Accordingly, the Court vacated an interim order passed last year vide which the members of the Association, who were occupying the land to carry on their wholesale trade in fruits and vegetables, continued to occupy the same till further orders.

The Delhi Jal Board had sought the vacation of the interim order on the ground that the land in question was required for construction of the Water Treatment Plant, which was stated to be very essential for redressal of the water supply being suffered by the residents.

While vacating the interim order, the Court however, granted six weeks' time to the Association and its members to vacate the land presently being occupied by them.

"We make it clear that no further time and extension shall be granted. In case, the members of the appellant Association do not voluntarily vacate the area, it shall be open to the respondents to take coercive steps to remove them," the Court added.

It was argued on behalf of Delhi Jal Board that since the land belonged to it, the Association had no vested right to continue to occupy the said land for carrying on their wholesale trade. It was added that the Water Treatment Plant was projected to serve a population of about 14-15 lakhs.

On the other hand, the association had submitted that the re-location of its members to Bahadurgarh Jharoda Road would cause severe difficulties not only for them but also to public at large as it would lead to severe congestion on the road which also has a divider in between.

The Court thus directed the Chief Secretary of Delhi Government to fix a meeting with the representatives of the said Association and all other concerned authorities to try to address the issues raised by them.

"The meeting shall be held in the next ten days for which a notice shall be issued to the appellant Association through their counsel. We make it clear that the vacation of the interim order and the limit of time granted to the appellant to vacate the land in question, is not subject to outcome of the meeting, and whether or not the appellants are satisfied with the outcome of the meeting, they shall, in any event, vacate the area under their occupation presently," it said.

The Court also directed the Delhi Government to implement the directions issued in the impugned order to relocate the members of the Association to city's Bahadurgarh Jharoda Road.

Case Title: NAJAFGARGH FRUITS AND FRUITS VEGETABLES AND WHOLE SALE SELLERS ADHITEY ASSOCIATION SABZI MANDI, NAJAFGARGH NEW DELHITHROUGH ITS PRESIDENT SH. SATISH CHANDER SUPTA ABLES AND WHOLE SALE SELLERS AND ADHITEY ASSOCIATIION SABZI MANDI NAJAFGARH NEW DELHI & ORS. v. GOVT. OF NCT OF DELHI & ORS.

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