(Madan B. Lokur, S. Abdul Nazeer and Deepak Gupta, JJ.)
In Re: Outrage as Parents End Life After Childs Dengue
SMW (C) No(s). 1/2015, decided on October 3, 2018
The Order of the court was delivered by
Order
1. We have heard the learned ASG appearing on behalf of the Central Government/Lieutenant Governor and Mr. Rahul Mehra, learned counsel appearing on behalf of the Delhi Government. We have also heard Mr. Sanjiv Sen, learned senior counsel on behalf of South Delhi Municipal Corporation and Ms. Mini Pushkarna, learned counsel appearing on behalf of East Delhi Municipal Corporation and North Delhi Municipal Corporation.
2. It is common knowledge that sanitation workers are abstaining from work in East Delhi. As a result of this, there is a huge amount of garbage that has piled up. There are, of course, differences on how the issue is to be tackled. The Lieutenant Governor has one point of view but the Delhi Government has a different point of view.
3. However, keeping the interest of the citizens of Delhi in mind, Mr. Rahul Mehra, learned counsel says that he has spoken to the Delhi Government today and without prejudice to the rights and contentions of the Delhi Government in any of the matters relating to any disputes and differences between the Delhi Government and the Central Government/Lieutenant Governor, for the purposes of tiding over the present crisis, an amount of Rs. 500 crores will be released within two days. The proportion in which the amount is to be released and to whom it is to be released will be decided by the Delhi Government. It is made clear that this offer has been made without prejudice to the rights and contentions of the Delhi Government.
4. In view of the offer made by the Delhi Government, we have requested the learned ASG to take instructions whether a similar amount can be released by the Central Government/Lieutenant Governor to tide over the present crisis. Of course, any decision taken by the Central Government/Lieutenant Governor in this regard will be without prejudice to the rights and contentions of the Central Government/Lieutenant Governor.
5. We have already noted above that the offer made by the Delhi Government is without prejudice to the rights and contentions of the Delhi Government and if the Central Government/Lieutenant Governor also makes a similar offer, it will be without prejudice to the rights and contentions of either of the parties.
6. We also make it clear that these amounts will, of course, be subject to future adjustments.
7. Liberty is granted to the parties to file affidavits/responses.
8. List the matter on 08.10.2018 for the response of the learned ASG.
I.A. No. 142520 of 2018
9. Issue notice.
10. Learned counsel accepts notice and seeks some time to file a reply.
11. Reply be filed within ten days.
12. List the application on 24.10.2018.
I.A. No. 141319/2018
13. Issue notice.
14. Learned counsel accepts notice and seeks some time to file a reply.
15. Reply be filed within ten days.
16. List the application on 24.10.2018.
I.A. No. 142844/2018
17. Since the application (No. 137469/2018) was not listed on 26.09.20181, the order passed on that date is recalled.
18. List the I.A. No. 137469/2018 on 9.10.2018.
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1 Outrage as Parents End Life After Childs Dengue, In re, SMW (C) No. 1 of 2015, order dated 26-9-2018 (SC)
