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2004 DIGILAW 822 (RAJ)

Kalpana Devnath v. Jda

2004-05-20

ANIL DEV SINGH, HARBANS LAL

body2004
JUDGMENT 1. - The grievance of the petitioner is that in residential colony namely Jhalana Phase III JDA Colony, Jaipur, sewerage system and septic tanks stand choked and as a result thereof, the people of colony are suffering from insanitary condition and stench. It is not in dispute that though the colony belongs to the Jaipur Development Authority, cleaning of sewerage system and septic tanks is to be undertaken by Jaipur Municipal Corporation. According to the learned counsel for Jaipur Municipal Corporation, the Jaipur Development Authority has not deposited the requisite sum, which is required for the purpose of cleaning the sewerage system and septic tanks and for rectification of defects therein. 2. On the other hand, learned counsel for the Jaipur Development Authority states that Jaipur Municipal Corporation had not indicated the amount which was required to be paid by the JDA for cleaning of the sewerage system and septic tanks and for rectification of defects therein. 3. Be that as it may, it is the joint responsibility of both, Jaipur Development Authority and Municipal Corporation to clean the sewerage system and septic tanks of the Colony. The people of colony cannot be allowed to live in an inhuman and insanitary condition. They are paying taxes and the civic authorities including Jaipur Development Authority are duty bound to provide clean environment to the Residents. In the circumstances, therefore, we direct both the Jaipur Development Authority and Municipal Corporation to clean the sewerage system and septic tanks of the Colony and to remove defects therein expeditiously, not later than four weeks. 4. With aforesaid directions, the writ petition stands disposed of. However, the matter be listed on 30.7.2004 for perusal of compliance report, which shall be filed by Jaipur Development Authority and Municipal Corporation within six weeks.Writ Petition disposed of. *******