Seeking advice.
Avinash
(Querist) 07 October 2010
This query is : Resolved
Dear Sir,
I have been residing in DDA residential flat. I have submitted complaint of auto repairing work shop in residential flat to Delhi Pollution Control Board. DPCB, environmental engineer inspected the flat & found engage in same nature of work in above said flat. Thereafter, accordantly inspection report along with complaint forwarded to Commissioner of Industries office, for course of action. Commissioner of Industries office has also inspected the flat & find same. Accordingly, Commissioner of Industries office has letter forwarded to Concerned S.D.M. for appropriate/ sealing action.
Is SDM having power to neglect the sealing action forwarded by Commissioner of Industries office because SDM deliberately taking favors of auto repair work shop owner. Work shop owner is having high link with MLA of area & many administrative officers. Whilst, u/s 133 crpc same SDM has dismissed the case on ground that case is not public nuisance. It’s a private nuisance.
Pl. advice what S.D.M. will do?
Regards,
Avinash Vats
Amita Chaudhary
(Expert) 07 October 2010
you can file a writ before the high Court seeking writ of mandamous to the SDM, in case he fails to take any action but before that make a representation to SDM narrating the entire factual background and the orders already issued by the appropriate authorities...
Avinash
(Querist) 08 October 2010
Dear Experts,
Thanks for this information.
I can seek writ of mandamous to high court for the case U/S 133 crpc which has already dismissed by SDM.
In another case Commissioner of Industries has forwarded complaint appropriate/sealing action to SDM but it is my apprehension that he will not act accodingly. I was asking for this order, because in this connection action is still pending.
I dont know.Is SDM having power to neglect this order or Is he bound to take action because both case jurisdiction is different.
Regards,
Avinash Vats
