Continue Initiating Prosecution, Carrying Out Regular Raids Against Those Selling Contaminated Water Or Beverages: Delhi High Court To MCD

The Delhi High Court has directed the Municipal Corporation of Delhi to continue initiating prosecution and carrying out regular raids against individuals who are selling contaminated water or beverages like shikanji and soda water on the roadside.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad also directed the civic body to ensure that the hawkers are prohibited from selling such contaminated water or beverages.

“In this regard, the Respondents must continue to carry out regular raids, confiscate illegal material, and initiate prosecution against individuals engaged in the selling of selling contaminated water or from passing of any contaminated beverages as Shikanji, Lassi, coloured drinks, soda water, lemon soda, cut fruits, sugarcane juice, Jal Jeera and Ruhafza, Kanji bottle etc,” the bench ordered.

The court disposed of a public interest litigation filed by Refrigerated Water Licensees Association, a registered association having more than 300 water cooling units, seeking a total ban on the sale of contaminated water by unlicensed roadside hawkers and artificially flavoured colour drinks made from harmful chemicals and substances.

A common status report filed by MCD in November last year submitted that regular action is being taken against persons running unauthorized business of sale of water through unlicensed water trolleys, unlicensed sugarcane juice shops, water cooling plants and other products made from water.

The court noted that the civic body, with the assistance of police, has been from proactively taking action against the illegal dissemination of contaminated water or artificially flavoured colour drinks made from harmful chemicals and substances in all the prevalent zones.

“It appears that the Respondents had been taking such action from 2018 itself. In light of this, this Court does not find it necessary to furnish further status/action taken reports from the Respondents,” it said.

Title: REFRIGERATED WATER LICENSEES ASSOCIATION (REGD) AND ANR v. COMMISSIONER SOUTH DELHI MUNICIPAL CORPORATION AND ORS

Citation: 2023 LiveLaw (Del) 337

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