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Delhi High Court directs MCD to take action against hawkers selling contaminated water, products made with such water

The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to ensure that hawkers were prohibited from selling contaminated water or other contaminated drinks such as shikanji, soda water, jal jeera on the roadside in the national capital.

The order was recently passed by the Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad on a petition seeking total ban on the sale of contaminated water by unlicensed roadside hawkers.

Noting that MCD, along with the aid and assistance of the police, has been proactively taking action against the illegal dissemination of contaminated water and artificially flavoured coloured drinks made from harmful chemicals and substances in all zones falling within its jurisdiction, the Bench directed the civic body to continue to carry out regular raids and initiate prosecution against individuals engaged in selling such contaminated water or other drinks.

The High Court further directed the Respondent/MCD to continue to ensure that hawkers were 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, Roohafza or Kanji bottle etc.

The Respondents were further directed to carry out regular raids, confiscate illegal material and initiate prosecution against individuals engaged in the selling of contaminated water or from passing of any contaminated beverages.

The instant public interest litigation was filed in 2017 by Refrigerated Water Licensees Association, a registered association having more than 300 water cooling units, in which notices were issued earlier.

The civic body, in its response, apprised the Court there were 12 zones falling under its jurisdiction and that it has been regularly taking action against various persons running unauthorised business of sale of water through unlicensed water trolleys, unlicensed sugarcane juice shops, unauthorised water cooling plants,

those selling ice cream and other products made from water.

The High Court disposed of the instant petition while underscoring that the Respondents had been taking such action from 2018 itself. In light of this, this Court did not find it necessary to furnish further status/action taken reports from the Respondents, it added.

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