Hauz Khas SDM directed to install water purifier as ‘fine’ by Delhi High Court

On August 19, 2016, a division bench of the court had ordered the SDM to demarcate government land, a portion of which was encroached in Hauz Khas village. When the SDM failed to do so, the petitioner approached the court with a contempt plea in 2017. For failing to comply on its order on encroachment, the Delhi High Court on Tuesday directed the Hauz Khas sub-divisional magistrate (SDM) to install a water purifier of 40-litre capacity near a municipal school and maintain it for three years. On August 19, 2016, a division bench of the court had ordered the SDM to demarcate government land, a portion of which was encroached in Hauz Khas village. When the SDM failed to do so, the petitioner approached the court with a contempt plea in 2017. Justice Najmi Waziri heard the contempt plea. On Tuesday, the counsel for the SDM informed the court that the massavi or the map, on the basis of which the demarcation was to be done, could not be traced, leading to the non-compliance of the 2016 order. He also told that they are also try to decipher one of the “masaavi” and sought more time from the court. This irked the court which said that the officer concerned did not make enough effort. “Your officer has not gone to the Tis Hazari (where the records are kept) to trace the massavi. If you are not getting it there, you should go to the Archeological Survey of India office in Qutub Institutional area in south Delhi where all such maps are sent after 30 years,” Justice Waziri said. Appearing for the petitioner, advocate AK Mishra informed the court that he had received the ?5,000 imposed on the respondent (SDM) by the court last year in August for not complying with the order. Following this, the court directed the SDM to pay ?10,000. Additionally, it directed the officer to install a water purifier with a capacity of 40 litres in a MCD or government school in a congested area like Garhi Village, Kotla Mubarkpur or similar areas so that the residents of the area can also avail the facility of cold drinking water during the summer months. The single-judge bench also directed the SDM to complete the exercise of tracing the map and deciphering it within 10 days. “It is expected the affidavit and demarcation would be done within 10 days,” the court said. When the counsel for the SDM said that this exercise would take time as elections are round the corner, the judge said, “Elections will not stop the country.” The court said that he would decide the place for installation of the water purifier. The matter would be now heard on April 23.

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