Ensure Hawkers Are Prohibited From Selling Contaminated Water & Beverages Like Coloured Drinks, Shikanji, Lassi: HC Tells MCD

The Delhi High Court has directed the Municipal Corporation of Delhi to ensure that hawkers are prohibited from selling contaminated water or from passing of any contaminated beverages as Shikanji, Lassi, coloured drinks, soda water, lemon soda etc.

The bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was dealing with a Public Interest Litigation seeking a ban on the sale of contaminated water by unlicensed roadside hawkers and selling artificially flavoured colour drinks made from harmful chemicals and substances.

On perusing the status report filed by the MCD in this case, the Court noted that “It appears that the Respondents, which are now the Common Municipal Corporation of Delhi, along with the aid and assistance of the police, has been from proactively taking action against the illegal dissemination of contaminated water and/or artificially flavoured colour drinks made from harmful chemicals and substances…”

The Court added “…the Respondent/MCD must continue to ensure that hawkers are prohibited from selling contaminated water or from passing of any contaminated beverages as Shikanji, Lassi, coloured drinks, soda water, lemon soda, cut fruits, sugarcane juice, Jal Jeera and Ruhafza, Kanji bottle etc”

The Court further ordered that the MCD/Police must continue to carry out regular raids, confiscate illegal material, and initiate prosecution against individuals engaged in the selling of selling contaminated water or from passing of any contaminated beverages.

The PIL was filed by the Refrigerated Water Licensees Association which is a registered association having more than 300 water cooling units.

Advocate Ashok Chhabra appeared for the petitioner whereas Standing Counsel Sanjeev Sabharwal appeared for MCD.

The petitioner had prayed that no hawkers should be permitted to sell artificially flavoured colour drinks made from harmful chemicals and substances and styling them as Shikanjavi, lassi, aamras etc

It was further prayed to confiscate E-Rickshaw/ vendors selling such contaminated water and drinks and to take action including imposition of penalty and prosecution & Demolish permanent structure from where the water is sold.

The petitioner had also urged that persons selling water outside Metro stations and other places must be stopped from selling contaminated water.

The Court had issued notice to MCD.

The MCD in its status report had submitted that hygiene raids were carried out in the South Zone whereby 47 Shikanji rehris, 54 lassi rehris, 23 cold drink rehris, 68 juice rehris, 54 jaljeera rehris, 13 sugarcane crusher rehris, 19 water trolley were seized and 547 water trolleys were checked.

It was further stated that 132 shikanji, lassi, and coloured drinks rehris, 11 sugarcane crushers, 03 unlicensed water trolleys were seized, 148 rehris of nimboos, lemon were removed, and 07 illegal water colling plants were prosecuted in the West Zone and that similar action were taken in the Central, Najafgarh, Civil Lines, City SP, Shahdara (South), Shahdara (North), Public Health Department, Karol Bagh, Narela, and Kesha Puram Zones as well.

Cause Title- Refrigerated Water Licensees Association (Regd) And Anr v. The Commissioner South Delhi Municipal Corporation & Ors

Neutral Citation Number -2023:DHC:2704-DB

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