AMRIK SINGH BABBAR (LIBRARY) vs GOVT OF NCT OF DELHI & ORS.

$~34 & 35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10550/2024
KUTUMB THROUGH ITS TRUSTEE …..Petitioner
Through: Mr.Rudra Vikram Singh, Advocate
with Mr.Tarshith Bhardwaj, Mr.Yash
Giri, Mr.Anuj Shukla and Mr.Ashish
Chaubey, Advocates.
versus
STATE OF NCT OF DELHI & ORS …..Respondents
Through: Mr.Sanjay Jain, Sr. Adv. with
Mr.Sanjeev Bhandari, ASC (Crl.),
Mr.Arjit Sharma, Mr.Vaibhav Vats,
Mr.Nishank Tripathi, Ms.Harshita
Sukhija, Ms.Palak Jain and Ms.Charu
Sharma, Advocates for Delhi Police
along with Mr.M.Harshvardhan [DCP
(Central)], Mr.Ajay Kr. (ACP/K.B.),
Mr.Prabhu Dayal (S.H.O/R.N.),
Mr.Sunny Kr. (Inspector-
ATO/I.O./R.N.), Mr.Narayan (Sub-
Inspector/P.S.Hauz Qazi) and
Mr.Mukesh Tomar (Sub-Inspector).
Mr.Jawahar Raja, ASC (Civil) with
Ms.Aditi Saraswat and Mr.Puhumi
Aditya, Advocates for R-3 & 4.
Ms.Prabhsahay Kaur, Standing
Counsel with Mr.Bir Inder Singh
Gurm, Ms.Ananya Sahu and Ms.Palak
Mathur, Advocate for R-5.
Mr.Manu Chaturvedi, Standing
Counsel with Ms.Devika Singh Roy
Chowdhary, Advocate for MCD along
with Mr.Ashwani Kumar,
Commissioner (MCD).

Mr.Mukesh Verma, Divisional Officer
and Mr.Manish Kumar, Asst. Dir.
Officer for Delhi Fire Service.
+ W.P.(C) 13308/2023
AMRIK SINGH BABBAR (LIBRARY) …..Petitioner
Through: Mr.J.S.Bedi, Advocate with Mr.
Mangesh Naik, Mr.Ankur Garg,
Mr.Amanpreet Singh Bhalla, Mr.
Saranjit Singh Bhalla, Mr.Kuljeet
Singh Sachdeva, Mr.Amrik Singh
Babbar, Mr.Sapandeep Kaur and
Mr.Ankit Yadav, Advocates.
versus
GOVT OF NCT OF DELHI & ORS. …..Respondents
Through: Mr.Jawahar Raja, ASC (Civil) with
Ms.Aditi Saraswat and Mr.Puhumi
Aditya, Advocates for R-1 & R-3.
Mr.Sanjay Jain, Sr. Adv. with
Mr.Sanjeev Bhandari, ASC (Crl.),
Mr.Arjit Sharma, Mr.Vaibhav Vats,
Mr.Nishank Tripathi, Ms.Harshita
Sukhija, Ms.Palak Jain and Ms.Charu
Sharma, Advocates for Delhi Police
along with Mr.M.Harshvardhan [DCP
(Central)], Mr.Ajay Kr. (ACP/K.B.),
Mr.Prabhu Dayal (S.H.O/R.N.),
Mr.Sunny Kr. (Inspector-
ATO/I.O./R.N.), Mr.Narayan (Sub-
Inspector/P.S.Hauz Qazi) and
Mr.Mukesh Tomar (Sub-Inspector).
Mr.Manu Chaturvedi, Standing
Counsel with Ms.Devika Singh Roy
Chowdhary, Advocate for MCD along
with Mr.Ashwani Kumar,
Commissioner (MCD).

% Date of Decision: 02nd August, 2024
CORAM:
HON’BLE THE ACTING CHIEF JUSTICE
HON’BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
MANMOHAN, ACJ: (ORAL)
W.P.(C) 10550/2024
CM APPL.43292/2024 in W.P.(C) 13308/2023

1. Present public interest petition being W.P.(C) 10550/2024 has been
filed seeking directions to the Respondents to constitute a high-level
committee to probe the recent incident of flooding in the basement of a
coaching centre in Old Rajendra Nagar, Delhi wherein three students lost
their lives. The Petitioner further prays for institution of a probe against the
officials of MCD who failed to act on the complaint dated 26th June, 2024
addressed by one Mr. Kishor Singh Kushwaha.
2. Another petitioner has filed an application being CM
Appl.43292/2024 in W.P. (C) 13308/2023, seeking a direction to the
respondent to stop the libraries from operating in basements in Rajinder
Nagar, Karol Bagh, Patel Nagar and Ranjit Nagar.

SUBMISSIONS OF THE PETITIONER AND APPLICANT

3. Learned counsel for the petitioner and applicant have brought to the
attention of this Court various unfortunate incidents of fire in the city
including the massive fire at Hotel Arpit Palace, Karol Bagh in 2019, fire at
PG facility in Mukherjee Nagar, Delhi in September, 2023 and fire tragedy
at neo-natal hospital in Vivek Vihar, Delhi in May 2024, which claimed
several lives. They state that such incidents, including the recent flooding at

the coaching centre, took place on account of indifferent conduct of the
officials of the respondents coupled with non-compliance of orders issued
by this Court. They rely upon one such order dated 25th July, 2023 in Sanjay
Singhal vs. State Govt of NCT of Delhi & Ors. W.P.(C) 12182/2016 and
other connected matters, wherein a Division Bench of this Court had passed
the following directions:

“8. In the considered opinion of this Court, if a coaching centre is not
conforming to the norms as per the MPD, 2021, it has to be shut down and
there is no other alternative. Resultantly, the Respondents are directed to
close down all the coaching centres which are running in contravention of
the MPD, 2021. The MCD will take appropriate action within 60 days and
shall also be free to cancel their registration as done under Clause 15.9 of
the MPD, 2021 in case they are not fulfilling the requisite conditions
provided under the MPD, 2021.
9. The MCD as well as the other Respondents are directed to ensure
compliance of the aforesaid order positively within 60 days. The Police
Department, the Fire Department as well as the Electricity Department
shall provide all logistical support to the MCD for complying with the
order passed.
10. It is needless to mention that in respect of other commercial activities
also which are presently going on in Mukherjee Nagar where registration
has been granted by the MCD keeping in view the mixed use premises
under Clause 15.9 of the MPD, 2021, the MCD shall scrutinize all such
registrations and shall also ensure compliance of the provisions as
contained under the MPD, 2021. In case other commercial activities are
going on in the premises and not having a fire NOC as required under the
law and are not conforming to the norms as per the MPD, 2021, the MCD
shall take appropriate action in accordance with law in respect of such
other commercial activities also within a period of 60 days from today.”

4. They point out that vide Order dated 9th May, 2024 in South Patel
Nagar 9 Block and Ranjit Nagar Residents Welfare Association v. Union
of India & Ors., W.P. (C) 6602/2024, a learned Single Judge of this Court
has directed the MCD to carry out survey of properties and unauthorised
activities and take appropriate action in case there is any deviation from the

sanctioned plan or non-compliance of fire related regulations or bye-laws or
unauthorised activities. They state that despite such directions by this Court,
no action has been taken by the Respondents till date.
5. They state that currently, more than three hundred (300) illegal
libraries are functioning in the basements in connivance with the officials of
the Respondents-authorities. They further state that the area sanctioned as
car parking in site plans are being illegally converted into Paying Guests
(PGs) accommodation for commercial purposes.
6. With regard to the recent incident at Old Rajendra Nagar, Delhi, they
state that the flooding in the basement was caused partly due to bursting of a
sewer pipeline, upon which an illegal market (Guru Nanak Market)
comprising about fifty (50) shops has been constructed. They also state that
a police chowki has been constructed over the barrel drain.
7. They point out that one of the students, namely Mr. Kishor Singh
Kushwaha had addressed a complaint dated 26th June, 2024 regarding
classes being conducted illegally in the basement of Rau”s IAS Study Circle
without appropriate permits. The complaint dated 26th June, 2024 is
reproduced hereunder:

“Hello, I am Kishore Singh Kushwaha, resident of Karol Bagh and Rau’s
IAS is running a classroom without NOC in the basement without
permission, its location is Old Rajendra Nagar, Karol Bagh, New Delhi
and is running test classes, which is putting the life of students and staff in
danger, and is likely to cause a major accident. Therefore, when I
informed the concerned organization in this regard, they said that the
money goes to the Delhi Municipal Corporation Commissioner and thus a
big example of corruption is seen in MCD. It is a humble request to Sir
that if strict action is taken against such big UPSC coaching institutes
which are conducting classes at illegal places by putting the lives of
students at stake, it will be greatly appreciated. Thank you”.

RESPONSE OF THE CIVIC AUTHORITIES AND THE DELHI POLICE

8. In response, learned counsel for MCD points out that the order dated
25th July, 2023 passed in Sanjay Singhal vs. State Govt of NCT of Delhi &
Ors. (Supra) was supplanted vide order dated 14th December, 2023 whereby
coaching institutes/centres were directed to obtain fire safety permits.
Further, MCD and the Delhi Fire Services (DFS) were directed to constitute
a Joint Task Force (JTF) to examine and inspect all coaching and teaching
centres/institutes situated in Mukherjee Nagar and draw up a comprehensive
report indicating the infractions and other non-conforming aspects that may
come to the fore.
9. He states that pursuant thereto, MCD permitted use of basements by
all coaching centres only for either storage or as stacking unit provided a fire
clearance from DFS was obtained. He states that JTF was also constituted
for the purpose of conducting inspection of coaching centres and to place
them on notice with regard to deficiencies. He states that this exercise is
currently being undertaken. He further states that during the course of such
inspection, thirty five (35) coaching centres voluntarily shut down and
twenty five (25) coaching centres have been sealed.
10. With regard to the complaint addressed by one Mr. Kishor Singh
Kushwaha, learned counsel for MCD draws the attention of this Court to the
Office Memorandum dated 22nd July, 2022 issued by Govt. of India as per
which, the grievance received on CPGRAMS portal is to be resolved within
a maximum period of thirty (30) days. He states that the aforementioned
complaint was lodged with GNCTD on 26th June, 2024 and was pending
with the GNCTD for a period of twenty two (22) days till 17th July, 2024.
He states that during such interim period, the building of the subject

coaching centre (along with the basement) was inspected by GNCTD on 01st
July, 2024 and DFS clearance was issued on 09th July, 2024. The said
certificate dated 9th July, 2024 issued by DFS is reproduced herein below:-

FORM „H”
FORM FOR ISSUING FIRE SAFETY CERTIFICATE
[Refer sub – rule (1) of rule 35]
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI
HEAD QUARTERS: DELHI FIRE SERVICE, CONNAUGHT PLACE
No.F6/DFS/MS/SZ/2024/CC/32 Dated: 09/07/2024
FIRE SAFETY CERTIFICATE
Certified that the building of Coaching center Located at Ground,
1st, 2nd & 3rd floor Plot No. 11B, Bara Bazar Marg, Old Rajinder Nagar,
New Delhi in the building comprised of Basement (Storage) Stilt (Parking)
Ground + 3 upper floor have complied with the fire prevention and fire
safety requirements in accordance with Rule 33 of the Delhi Fire Service
Rule, 2010 and verified by the team of officers concerned of this
department on 01/07/2024 in the presence of Sh. Ashok Narang and found
that the said building is fit for occupancy class “Educational Coaching
Centre” Group B Sub Division B – 1 with effect from 09/07/2024 for a
period of three years in accordance with Rule 36 unless renewed under
Rule 37 or sooner cancelled under Rule 40 and subject to compliance of
the conditions under Rule 38 of the Delhi Fire Service Rules, 2010.
Issued on 09/07/2024 at New Delhi.
Sd/-
(Atul Garg)
Director
Delhi Fire Service”

11. He states that only on 17th July, 2024 the complaint was forwarded to
Public Grievances Commission with remarks to forward it to MCD. He
states that the said complaint was received by the Dy. Commissioner, MCD
on 18th July, 2024. He states that immediately thereafter, the complaint was
forwarded by the Dy. Commissioner, Karol Bagh to Departmental Head and
to the JE, MCD to take immediate action on the same day.
12. He has handed over a site plan of the area in which the coaching
centre is located, along with an „Approximate Profile” showing the gradient

of the Bada Bazar Road on which the Rau”s IAS Study Circle is located. He
points out that the Rau”s IAS Study Circle is located on a stretch of road
which is approximately two feet lower than the adjoining areas. He states
that this creates a „cup-saucer effect” on account of which the water tends to
accumulate in front of Rau”s IAS Study Circle. He further states that the
comparatively new storm water drains have been encroached upon at certain
points causing obstruction in the flow of water. He further states that the
Najafgarh drain is currently being overhauled by PWD on account of which,
there is obstruction of water in the barrel drain. He admits that there is a
tehbazari on the barrel drain but according to him, the same does not impede
the flow of water. He states that action has been taken against the erring
officials of MCD in the Karol Bagh Zone, inasmuch as, five (5) officers
were suspended in June 2024 and after the incident one (1) officer has been
suspended and one (1) officer has been terminated. He further states that
clarification has been sought from the concerned Executive Engineer
(Maintenance).
13. He points out that there is lack of clarity regarding jurisdiction
between MCD and DJB with respect to drains and sewer, exacerbated by
common connection of drains and sewers. He states that the preamble of the
Delhi Jal Board Act, 1998 states “to provide for the establishment of a board
to discharge the functions of water supply, sewerage and sewage disposal
and drainage within the National Capital Territory of Delhi…” and
stipulates responsibility of DJB for wet waste. Furthermore, Section 31
provides that all public drains, including municipal drains, vest in the DJB.
On the other hand, he emphasises that Section 42(a) of the Delhi Municipal
Corporation Act, 1957 stipulates that “the construction, maintenance and

cleansing of drains and drainage works and of public latrines, urinals and
similar conveniences” shall be the responsibility of MCD.
14. Learned counsel for Delhi Fire Service states that inspection dated 1st
July, 2024 was carried out not in pursuance to any complaint received by
DFS but on account of the fact that the owner of the building had applied for
a fire clearance/No Objection Certificate. He further states that the
inspection was carried out specifically to check if appropriate fire fighting
equipment had been installed.
15. Mr. Sanjay Jain, learned senior counsel representing Delhi Police
states that Delhi Police has been carrying out investigation in a diligent
manner. The DCP, who is personally present in Court, has explained to this
Court the sequence of events that led to the unfortunate incident. He further
states that the response received from DFS is „evasive”.
16. However, in response to a pointed query, he admits that the relevant
files of the MCD pertaining to sanction and drains have not been seized till
date and only notices have been issued to MCD officials. He further admits
that none of the MCD officials have been personally interrogated till date.
17. MCD Commissioner is personally present in Court. He candidly
admits that the storm water drain on the side of the road where Rau”s IAS
Study Circle is located was dysfunctional. He states that de-silting of the
drain in front of the coaching centre has not been done as it has been
encroached and covered by ramps. He further states that the inter-connection
of the smaller drains leading into the larger barrel drain is not proper which
renders the small drains ineffective. He also states that the drains on Pusa
Road maintained by PWD are dysfunctional. He points out that over the
years, the emphasis has been on maintaining and augmenting the road

capacity, and there has not been a commensurate focus on modernising the
drainage system. He states that an expenditure of about rupees two crores is
required to make the one side storm water drain in front of Rau”s IAS Study
Circle functional. He also states that the storm water drain has been
encroached upon at a large number of places by residents and shopkeepers.
He assures and undertakes to this Court that the unauthorised and illegal
construction as well as encroachment in the area shall be removed forthwith
and action shall be taken against officials of MCD who have been remiss in
performing their duties.

DIRECTIONS AND FINDINGS OF THIS COURT

18. Having regard to the nature of the incident in issue as well as to
ensure public confidence in investigation and the potential involvement of
corruption or negligence/inaction by public servants which are in the nature
of serious criminal offences under applicable laws and offences, including,
Prevention of Corruption Act, 1988, this Court transfers the investigation to
the Central Bureau of Investigation („CBI”).
19. Since Central Vigilance Commission exercises supervisory powers
over CBI, this Court directs the Chief Central Vigilance Commissioner to
nominate a senior officer to oversee the progress of investigation being
conducted by CBI on regular basis and to ensure that it is completed at the
earliest.
20. This Court is further of the view that roads cannot function as
„makeshift drains” during the rains. Consequently, the Commissioner, MCD
is directed to ensure that the drains in the area are functional and their actual
capacity is commensurate with the requirement of the area. The same should
be done in a phased manner at the earliest. Encroachments, illegal and

unauthorised constructions in the area including such construction on the
storm water drain/sewage drain/barrel drain shall be removed forthwith.
The statements/ undertakings given by the Commissioner, MCD are
accepted by this Court and he is held bound by the same. The
Commissioner, MCD shall ensure that administrative action is taken against
officials who have been remiss in performing their duties including senior
officials who have failed to exercise their supervisory power. After all, the
public officials have to work and discharge their duties. Those who do not
work have to be held accountable.
21. This Court is also of the view that one needs to „lift the level of the
debate” and look at the „bigger picture”. If one does that, one finds that there
is a far more fundamental problem in the city of Delhi. The physical,
financial and the administrative infrastructure of this city are not in accord
with the present day needs.
22. With a population in excess of three crores, Delhi needs the most
modern and robust physical and administrative infrastructure backed with
huge financial outlays. It is pertinent to mention that Delhi”s population in
1950 was fourteen lakhs, in 1980 fifty-six lakhs, in 2000 one crore fifty
seven lakhs. Many experts believe that due to various subsidy schemes, the
migration in Delhi is only increasing and its population is spiralling. Though
it is the prerogative of the political party in power to give subsidies, yet if it
does so it is duty bound to ensure that the physical infrastructure if the city
keeps pace with the increasing population.
23. Major physical infrastructure in Delhi like drains was laid nearly
seventy five (75) years ago. In the last twenty years, there has been no
commensurate spending on the infrastructure in Delhi. This Court in Order

dated 08th April, 2024 in W.P.(c) 7594/2018, Court on Its Own Motion vs.
Union of India & Ors., has recorded that „no action has been taken on
integrated drainage management systems since the year 1995, nor any
major modeling / remodeling / extension of drains has been done post 1995,
even as the population of the Capital trebled during this period”. It is
because of this mismatch that flooding/water logging has become a
perennial problem.
24. The physical infrastructure, to say the least, is not only inadequate but
poorly maintained. In a freebie culture, the State neither collects taxes nor
spends adequate money on infrastructure.
25. Administratively, Delhi has multiplicity of authorities, who are only
„passing the buck” and blaming each other. Instead of dealing with
challenges unitedly, they seem to be inimical to each other. There is a public
perception that civic authorities are inefficient and incapable of giving any
relief to the citizens. This aspect was also highlighted by a Division Bench
of this court in Vinod Kumar Bansal vs. Govt. Of NCT of Delhi &Ors.,
W.P.(C) 1977/2014
26. As recently as 8th April, 2024, this Court in W.P.(C) 7594/2018 titled
as Court on its own motion vs. Union of India & Ors. had in an attempt to
resolve the issue of multiplicity of authorities had directed that only one
authority/agency should be placed in-charge of operation, maintenance and
control of the storm water drains in the city so that problem could be
resolved efficiently. This Court had also directed third party audits of a large
number of tasks/works to be performed by all civic agencies prior to onset of
monsoon. However, recent tragedies have shown that directions passed by
this Court were not implemented in letter and spirit by the civic authorities

and were treated like „water of a ducks back”.
27. This Court had also highlighted in Jamia Arabia Nizamia Welfare
Education Society vs. Delhi Development Authority Through Its Vice
Chairman & Ors., W.P.(C) 638/2024 as to how ineffective the
administrative apparatus had become in dealing with violations and breaches
of law. In this case, while handing over investigation to the CBI, in a case of
encroachment and illegal unauthorised construction, this Court had pointed
out that despite sealing orders being in force, the property had been sold to a
new purchaser and three more floors had been added without obtaining any
permission/sanction from the MCD, and that too, within one hundred (100)
meters of centrally protected monuments like “Nizamuddin Ki Baoli” and
“Barakhamba Tomb”. This Court in the said case had also pointed out that
due to multiplicity of authorities clear and cogent practice directions were
required to be issued by the Commissioner, MCD and Vice-Chairman, DDA
to resolve the issue of overlapping of jurisdictions. In the said order, this
Court had observed as under:-

“28. It is also strange that in today’s time MCD is continuing to use threads,
tapes, strings and bandages to seal a property and is only normally puncturing
the roofs partially in the name of demolition. No wonder, the sealing and
demolition actions are having no deterrent effect. The Executive seems to be
satisfied with the status quo and is unwilling to reform the system by using
easily accessible technology like drones, satellite images, digital maps, etc.
which would easily detect encroachment and unauthorized construction at such
a massive scale.
29. Consequently, this Court directs the Vice-Chairman, DDA and Commissioner,
MCD to put in place structural reforms and devise new strategies to deal with the
menace of encroachment as well as illegal and unauthorized construction. Let the
minutes of meeting be placed on record within eight weeks.”
(emphasis supplied)

28. However, till date, this Court has not been informed of any structural
reform/strategy having been devised by the civic authorities to demarcate

their areas and to deal with the menace of encroachment as well as illegal
and unauthorised construction effectively rather than in a „farcical way”.
29. Moreover, in MCD, no contract worth rupees five crores has been
awarded for more than a year, as there is no Standing Committee in place
and the Commissioner”s power to award contracts is limited to rupees five
crores. If the capacity of drains in the area in question has to be brought at
par with the present day requirement, then an amount much in excess of
rupees five crores would have to be spent.
30. This Court in Social Jurist, A Civil Rights Group vs. GNCTD &
Ors., WPC 888/2024 where grievance of non-supply of writing material,
text book, stationery items, school bags, scholarship, etc. in MCD schools
was raised due to non-availability of Standing Committee had observed as
under:-

“25. This Court is of the considered opinion that the aforesaid response of
GNCTD is in wilful non-compliance of the order dated 23rd April, 2024,
directing the appropriate authority of GNCTD to delegate the requisite financial
power to the Commissioner, MCD, so as to enable the Commissioner to instantly
procure the statutory benefits of free text books, writing material and uniform etc.
for the students enrolled in MCD schools. The submission that the contract for
procuring these statutory benefits should await the approval from the House
exhibits complete lack of appreciation of the urgency in the matter and shows
apathy by both the GNCTD and the Mayor for the well-being of the students and
their statutory and fundamental rights.
xxx xxx xxx
27. The inability of GNCTD to act with alacrity and respond to the urgency of the
issue at hand, exhibits its indifference towards the plight of the students enrolled
in MCD schools and is a wilful violation of the fundamental rights of the said
students.
28. This Court is of the view that receipt of free text books, writing material and
uniform by school going children is not only a legal right under the RTE Act and
RTE Rules but is a part of the Fundamental Right under Article 21A of the
Constitution…..

29. Admittedly, no order has been passed in the Mayor”s W.P.(C) No.73/2024
seeking implementation of the Resolution No. 182 and no single proposal worth

Rs. Five crores has either been brought before the MCD House or cleared till
date. Though, the Standing counsel for GNCTD blames the Commissioner, MCD,
yet the Commissioner, MCD”s note dated 18th September, 2023 and the MCD”s
Resolution dated 15th January, 2024, prove, beyond doubt, that there is a
complete lock jam in the decision making process in the MCD.
30. Further, the suggestion mooted by the GNCTD and the Mayor, prima facie,
seem unpractical as it virtually amounts to directing that all day to day decisions
(instead of policy decisions) shall be taken by Parliament and not by the Cabinet.
This Court also takes judicial notice of the fact that the current MCD House has
hardly transacted any business in the last one year.
31. If the party in power in GNCTD believed in the solution suggested in the
minutes of the meeting dated 15th January, 2024, nothing prevented it from
moving a suo moto resolution in the MCD House authorizing the Commissioner
to make payment for text books, writing material and uniform. Consequently, the
submission of learned counsel for the GNCTD blaming other institutions amounts
to nothing but „shedding of crocodile tears”.
32. Moreover, the argument that taking „Houses consent would ensure
democratic control” is a red herring as it is not the case of the respondents that
such an expenditure should not be incurred. Their only submission is that the
Commissioner, MCD at his own initiative should not award the contracts for free
text books, writing material and uniform as it is beyond Rs. Five crores.
Consequently, the real issue is of „power”, „control”, „turf dominance” and „who
takes the credit”.
33. There is ring of truth in the statement made by the Hon”ble Minister of Urban
Development, Mr. Saurabh Bhardwaj that any increase in financial power of
Commissioner, MCD shall require the Chief Minister”s approval. It amounts to
an admission that the Delhi Government, due to absence of the Chief Minister is
at a standstill.
34. A Chief Minister”s post in any State, leave alone a buzzing capital city like
Delhi is not a ceremonial post. It is a post where the office holder (when in office)
has to be virtually available 24 x 7 to deal with any crisis or natural disaster like
flooding, fire, disease etc. National interest and public interest demands that no
person who holds this post is incommunicado or absent for a long stretch of time
or for an uncertain period time.
35. To say that no important decision can be taken during a model code of
conduct is a misnomer. Undoubtedly, no new policy decision can be taken but
holders of Constitutional posts have to everyday take important as well as urgent
decisions. For instance, issuance of free text books, writing material and uniform
as well as replacement of broken chairs and tables in accordance with the
existing policies in the MCD schools is an urgent and immediate decision which
brooks no delay and which is not prohibited during the model code of conduct.

36. The decision of the Chief Minister, despite having been arrested, and his
petition being dismissed by a learned Single Judge of this Court to continue to
hold the position is his personal decision. However, it does not mean that if the
Chief Minister is not available, the Fundamental Rights of young children
would be trampled upon and they would go through the first term (1st April to
10th May) without free text books, writing material and uniform.
37. Consequently, this Court is of the view that non-availability of Chief
Minister or non-formation of a Standing Committee or disputes pertaining to
appointment of an aldermen by the Hon’ble LG or non-delivery of judgment by
a competent Court or non-compliance of certain provisions of Delhi Municipal
Corporation Act cannot come in the way of the school-going children receiving
their free text books, writing material and uniform forthwith.
xxx xxx xxx
39. Consequently, as the students of MCD schools are entitled for free text
books, writing material and uniform in accordance with their constitutional
and statutory rights, and the schools are going to close for summer vacations
shortly, this Court directs the Commissioner, MCD to incur the expenditure
required for fulfilling the said obligations forthwith without being constrained
by the expenditure limit of Rs. Five crores. However, the expenditure incurred
by the Commissioner, MCD shall be subject to statutory audit.”
(emphasis supplied)

31. Even in GNCTD, getting new projects sanctioned is not easy as no
Cabinet meeting has been held for a few months and there is no certainty
when the next cabinet meeting shall be held.
32. In Delhi, we also have a statute, The National Capital Territory of
Delhi Laws (Special Provisions) Second Act, 2011 which states that if
unauthorised construction was complete prior to 1st January, 2006, then the
civic authorities will not take any action against the illegal and unauthorised
construction.
33. The financial health of civic agencies like MCD, if not, precarious is
certainly not healthy. As recently as February, 2024, this Court in a writ
petition filed as far back as 2017 being All Municipal Corporations
Sanitation Supervisor Union vs. Govt. of NCT of Delhi & Ors., W.P.(C)
9480/2017 had directed that if the MCD failed to discharge its liability to

pay Seventh Central Pay Commission benefits to its serving and retired
employees, this Court would have no other option but to dissolve the MCD
under Section 490 of the Delhi Municipal Corporation Act, 1957. It was
only after the said order and on the pain of contempt that the outstanding
salaries and pensions to serving and retired employees of MCD were
cleared.
34. Recently, this Court in W.P.(C) 7594/2018 titled as Court on its own
motion vs. Union of India & Ors. was informed by the DUSIB counsel that
it has no funds to carry out repair, renovation and remodeling of
infrastructures like drains at Madanpur Khader.
35. Consequently, this Court would not be wrong in concluding that civic
agencies in Delhi have no funds to carry out major infrastructure
developments like laying of new sewer trunks and segregating storm water
drain from sewage drains.
36. Keeping in view the aforesaid, it is no wonder that Delhi is moving
from one crisis to another. One day, there is a problem of drought and the
next day there is a problem of flood. If rain water during the monsoon is
appropriately stored, there would be no issue of drought next year. This
Court is of the view that people of the city want „ease of living” in Delhi.
37. Consequently, this Court is of the opinion that the administrative,
physical and financial infrastructure of Delhi „needs a re-look” by an expert
body.
38. Though this Court was inclined to appoint an expert committee
headed by Home Secretary, Union of India, yet at the insistence of
Mr. Santosh Kumar Tripathi, learned standing counsel for GNCTD, this
Court for the time being directs constitution of a Committee comprising

Chief Secretary, GNCTD as Chairman, Commissioner (MCD), Vice-
Chairman (DDA), Commissioner (Delhi Police) and Chairman (NDMC) as
members. The said Committee is directed to submit its report containing
suggestions within eight weeks.
39. The personal presence of Commissioner MCD as well as DCP and IO
is dispensed with till further orders. Registry is directed to forward a copy of
this order to the Director, CBI and Commissioner, Central Vigilance
Commission for initiating the process of taking over the investigations from
the Delhi Police in respect of the incident surrounding and leading to the
unfortunate death of three young students forthwith. The Delhi Police is
directed to forthwith handover all the relevant material and the records
pertaining to the said incident carried out till date including the evidence
gathered and other ancillary and incidental materials. The Delhi Police is
further directed to facilitate and extend all cooperation to the CBI. The CBI
shall carry out a full fledged investigation regarding the aforesaid incident,
including but not limited to the criminal negligence, dereliction of duties,
corrupt practices indulged in by any person including the officials of the
local authorities. We expect all the local authorities to cooperate with the
aforesaid investigations as three young lives were snuffed out apparently
due to greed and/or negligence and/or failure to discharge duty.
40. List on 7th October, 2024.

ACTING CHIEF JUSTICE
TUSHAR RAO GEDELA, J

AUGUST 02, 2024
TS/AS