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Delhi High Court on Wednesday gave a strict recall for immediate necessary action on encroachment around the Kushak Drain and directed Municipal Authority (SDMC) to remove the encroachment at the earliest. 

A bench of Justices G. S. Sistani & Ms Jyoti Singh passed the directions while hearing an PIL initiated by itself in 2012 as suo moto relating to the issue of waterlogging in the South Extension Part-II, where the court had been ordering Public work department to clear the rubble from the Kushak drain and remove illegal encroachment from years. 

The Additional Solicitor General, Ms Pinki Anand appearing on behalf of the PWD informed the court that work is already completed on one stretches out of the three on Barapullah flyover. She further informed the court that the debris has been removed from the site. 

Petitioner Manjeet Singh Chugh, showed the Court several photographs of encroachment on & around the Kushak Drain. Plus, He informed the court that several people have made jhuggis below the Barapullah flyover.

Justices G.S.Sistani and Jyoti Singh reprimanded the PWD saying that you have already told us this on the last hearing. The bench turns toward South Delhi Municipal Corporation, the land owing agency, “Tell us how you going to protect the land. Remove the obstruction and protect the area, photograph them and keep them in record”. 

Further the court directed “SDMC will highlight which area need resumption. In past the area is clear, agency is directed to clear the area, SDMC which is land owing agency shall ensure that the area is completely clean. 

After the encroachment is removed, if any encroachment come up, the agency shall be liable for the same and order of this court should be strictly followed”.

At last, the court noted that PWD officials and SDMC officials together shall inspect the area and minutes of meeting shall be prepared highlighting the action taken by them. 

Court directed PWD to compete the work before next date of hearing which is on 16th July, 2019.

—India Legal Bureau

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