The district magistrates have issued 178 orders under section 133 of the CrPC to the officials of the three Municipal Corporations of Delhi (MCD) for unsatisfactory sanitary conditions in areas under their jurisdiction, particularly the dhalaos. The conditional order seeking explanations was issued following directions from the PWD minister Satyendar Jain, government sources added.
The orders come days after the Delhi cabinet called a special assembly session to discuss “corruption and mismanagement” in the BJP-run municipal corporations. A government statement said that section 133 of CrPC empowers a District Magistrate/Sub Divisional Magistrate/Executive Magistrate to issue a conditional order on the basis of complaints or otherwise for removal of any item of nuisance from any public place that may be injurious to health or physical comfort of the public.
“This provision in criminal law also makes it clear that in case the DM invokes this section for the health of general public, then it cannot be challenged even in the court of law,” stated the government.
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While north west DM issued 32 conditional orders to MCDs, north issued 26, north east 15, east- 32, south east-18, south- 15, south west- 14 and west – 26.
”With these orders, it is clear that the concerned officials of the three MCDs will have to provide reasonable explanations for the lack of satisfactory cleanliness and hygienic conditions in areas under their jurisdictions, failing which further legal action will be initiated. Delhi government will not tolerate any laxity in the discharge of duty for keeping the national capital clean, which has suffered due to the negligence of the MCDs,” said a government spokesperson.