IN THE HIGH COURT OF DELHI AT NEW DELHI

EXTRAORDINARY CIVIL WRIT JURISDICTION

WRIT PETITION No. _______ OF 2016

IN THE MATTER OF:

ALL INDIA KABADI MAZDOOR MAHASANGH … PETITIONER

VERSUS

NEW DELHI MUNICIPAL COUNCIL & ORS. …RESPONDENTS

INDEX
SL. PARTICULARS Page Nos.
No.

1. Notice of Motion

2. Urgent Application

4. Court Fee

4. Memo of Parties

5. Synopsis & List of Dates

6. Writ Petition alongwith Affidavit.

7. Annexure P-1(Colly): The receipts of the

challans paid by the rag pickers from year
1990-92.
8. Annexure P-2(Colly): The news paper
articles published in the daily news in the
month of January 2016.
9. Annexure P-3: True copy of the Solid Waste
Management Rules, 2016
10. Annexure P-4: True copy of the
representation sent by the petitioner to the
Government of NCT.
11. C.M. Application No. ________ of 2016 for
Exemption from filing true typed copy/
 Certified Copy of the Annexures with
supporting affidavit.
13. C.M Application No._____ of 2016 for Interim
Stay with supporting affidavit.

14. Vakalatnama on behalf of the petitioner.

Filed Through:

(AMIY SHUKLA/ SHAKTI VARDHAN)

ADVOCATE
ENROL Nos. D/2476/2013 &
U.P./4309/2011
COUNSEL FOR PETITIONER
115, NEW LAWYERS’ CHAMBER
SUPRME COURT OF INDIA
NEW DELHI-110001
MOB NO. 9953033693
Date: .08.2016
New Delhi
 IN THE HIGH COURT OF DELHI AT NEW DELHI
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION No. _______ OF 2016

IN THE MATTER OF:

ALL INDIA KABADI MAZDOOR MAHASANGH … PETITIONER

VERSUS

NEW DELHI MUNICIPAL COUNCIL & ORS. …RESPONDENTS

NOTICE OF MOTION

Sir,

Please find enclosed herewith a complete set of Writ Petition

which is being filed by the Petitioner and the same is likely to

listed on ___________________ or soon thereafter.

Filed Through:

(AMIY SHUKLA/ SHAKTI VARDHAN)

COUNSEL FOR APPELLANTS
115, NEW LAWYERS’ CHAMBER
SUPRME COURT OF INDIA
NEW DELHI-110001
Date: .08.2016
New Delhi
Copy TO:

1. New Delhi Municipal Council,

Through its Chairman,
Palika Kendra, New Delhi

2. Government of NCT
Through its Chief Secretary
Delhi Secretariat, IP Estate
New Delhi

3. Union of India,
Through Ministry of Environment,
Climate and Forest Change
Through Joint Secretary (HSM Division)
Indira Paryavaran Bhavan,
Aliganj, Jorbagh,
New Delhi -3

(AMIY SHUKLA/ SHAKTI VARDHAN)

COUNSEL FOR APPELLANTS
115, NEW LAWYERS’ CHAMBER
SUPRME COURT OF INDIA
NEW DELHI-110001
Date: .08.2016
New Delhi
 IN THE HIGH COURT OF DELHI AT NEW DELHI
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION No. _______ OF 2016

IN THE MATTER OF:

ALL INDIA KABADI MAZDOOR MAHASANGH … PETITIONER

VERSUS

NEW DELHI MUNICIPAL COUNCIL & ORS. …RESPONDENTS

URGENT APPLICATION

To,
The Registrar,
Hon’ble High Court of Delhi,
New Delhi

Sir,

Kindly treat the accompanying petition as urgent. The ground of

urgency is the recent demolition of the garbage store/ houses of
some of the petitioners’ and the demolition of the rest.
Petitioners are the waste/rag pickers that have lived there for
up to 20-30 years. NDMC through its unknown scheme have
demolished several garbage storage/houses and told the
petitioners that the remaining garbage storage/houses are to be
demolished. The waste/rag pickers have been given no
opportunity to show cause against the demolition, nor have
they been given any employment opportunity as per any
Scheme by the NDMC.

Kindly list this matter before the Hon’ble Court urgently.

Filed Through:

(AMIY SHUKLA/ SHAKTI VARDHAN)

COUNSEL FOR APPELLANTS
115, NEW LAWYERS’ CHAMBER
SUPRME COURT OF INDIA
NEW DELHI-110001
Date: .08.2016
New Delhi
 IN THE HIGH COURT OF DELHI AT NEW DELHI

EXTRAORDINARY CIVIL WRIT JURISDICTION

WRIT PETITION No. _______ OF 2016

IN THE MATTER OF:

ALL INDIA KABADI MAZDOOR MAHASANGH … PETITIONER

VERSUS

NEW DELHI MUNICIPAL COUNCIL & ORS. ...RESPONDENTS

MEMO OF PARTIES

All India Kabadi Mazdoor Mahasangh(AIKMM)

26/2, Chandra Vihar,
Mandavali Fazalpur,
Delhi-110092 Petitioner

VERSUS

1. New Delhi Municipal Council,

Through its Chairman,
Palika Kendra, New Delhi …Respondent No. 1

2. Government of NCT
Through its Chief Secretary
Delhi Secretariat, IP Estate
New Delhi …Respondent No. 2

3. Union of India,
 Through Ministry of Environment,

Climate and Forest Change

Through Joint Secretary (HSM Division)
Indira Paryavaran Bhavan,
Aliganj, Jorbagh,
New Delhi -3 …Respondent No. 3

Filed Through:

(AMIY SHUKLA/ SHAKTI VARDHAN)

ADVOCATE
ENROL Nos. D/2476/2013 &
U.P./4309/2011
COUNSEL FOR PETITIONER
115, NEW LAWYERS’ CHAMBER
SUPRME COURT OF INDIA
NEW DELHI-110001
MOB NO. 9953033693
Date: .08.2016
New Delhi
 SYNOPSIS, LIST OF DATES & EVENTS

1. The petitioner are the waste pickers/rag pickers of the

NDMC Area and have a threat of demolition on the

garbage house/storage which are used for segregating

garbage which have been provided by the NDMC for 20-30

years for the disposal of the solid waste management of

the area. NDMC through its unknown scheme “Atm

Nirbhar” Scheme (hereinafter called as Scheme), contrary

to the Solid Waste Management Rules 2016 by the

Ministry of Environment, which clearly prefers and

promotes “decentralised processing” which means

establishment of dispersed facilities for maximizing the

processing of biodegradable waste and recovery of

recyclables closest to the source of generation so as to

minimize transportation of waste for processing or

disposal.

The petitioners have been working and are responsible

since many years for segregating the garbage into

recyclable and non- recyclable categories.

In Jan 2016, it was stated by NDMC Officials in almost all

the daily newspapers of the city that

under the scheme, the beggars and rag pickers will soon

manage toilet complexes in the city. The Department of

Environment Management Services (DEMS) Committee of

NDMC said that they would provide institutional help in

forming cooperatives of beggars and rag pickers. It was

also stated that the cooperatives will be entrusted the task

of running the toilet blocks.

The DEMS with the help of NGOs working with these

people will work for setting up cooperatives, which will be

initially given the responsibility to run public toilets in JJ

clusters. Later, they may be associated with the upkeep of

toilets of other categories.

The NDMC is also working on giving the public toilets in

its jurisdiction to private agencies for ensuring cleanliness

and better upkeep. Also, under the Swachch Bharat

campaign, the civic body has planned to hand over

maintenance of toilets to corporates to bring down the

expenditure on it.

However, this so called Scheme was never formulated and

is materialised contrary to the Solid Waste Management

Rules 2016 by the Ministry of Environment, which clearly

prefers and promotes “decentralised processing” which

means establishment of dispersed facilities for maximizing

the processing of biodegradable waste and recovery of

recyclables closest to the source of generation so as to

minimize transportation of waste for processing or

disposal.
The Scheme has not been rolled out as per any laws/plans

by the Government of NCT. In fact, the sole beneficiaries

are the private companies who will be benefitted after the

removal of the decentralised processing which are involved

in recycling of the waste.

There is a gross violation of Article 14 and 19 (1)(g) where

the rag pickers and beggars are lured to work for

something which is not approved and sanctioned by the

Government, leading to the grave threat to their only

source of livelihood as a waste picker/rag picker.

As per the officials, the Scheme has the provision of

institutional help in forming cooperatives of beggars and

ragpickers and after the formation of the cooperatives;

they will be entrusted with the task of running the toilet

blocks. Also, the DEMS with the help of NGOs working

with these people will work for setting up cooperatives.

However, it is pertinent to note here that there have been

no such formation of cooperative, neither any NGOs or

Unions or individuals have been consulted for setting up

the cooperatives.

There has been absolutely no roadmap/ or plan given

regarding the so called Scheme in any of the public portals

including their own website of NDMC.

There has been absolutely no survey of whatsoever kind

done for the rag pickers already working in these storage

houses for 30 years from now. This is a major threat to

livelihood for these informal rag pickers in lieu of the so

called Scheme whereby these storage houses are

demolished and then no toilets have come up in 8 months.

This has been the case of the storage house near

Chelmsford Club in NDMC area. This particular storage

house was demolished in the month of January 2016 and

a public toilet was proposed but till now there is no public

toilet in that space even after the passage of the 8 months.

The other storage house was at Rafi Marg which have been

demolished as recent as day before yesterday i.e. on

10.08.2016 without any notice etc. The third at Rafi Marg

is heard to be demolished today i.e. 12.08.2016 by the

NDMC officials as it has been told to the rag pickers of this

particular storage house.

There are near about 220 storage houses/ garbage stores

in the NDMC area. Every garbage store has near about 4-5

informal rag pickers and their families are dependent on

the rag pickers for their livelihood. So there is a threat of

livelihood to near about 1100-1200 families because of

this demolitions of store houses due to this proposed

Scheme.
 LIST OF DATES

1990 The rag pickers started working

informally in the garbage stores of the

NDMC Area.
January 2016 The newspapers are flooded with the

news of the proposed “Atm Nirbhar”

Scheme without any legalities.

January 2016 The garbage store near Chelmsford

Club demolished without any survey

or notice of the rag pickers.

8.04. 2016 Notification of Ministry of

Environment, Forest and Climate

Change whereby the Central

Government made the rules for

management of Solid Waste called the

Solid Waste Management Rules, 2016

10.08.2016 The garbage store at Rafi Marg

demolished without any survey or

notice of the rag pickers.

Hence, this petition
 IN THE HIGH COURT OF DELHI AT NEW DELHI
EXTRAORDINARY CIVIL WRIT JURISDICTION
WRIT PETITION No. _______ OF 2016

IN THE MATTER OF:

ALL INDIA KABADI MAZDOOR MAHASANGH … PETITIONER

VERSUS

NEW DELHI MUNICIPAL COUNCIL & ANR. …RESPONDENTS

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

FOR A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT,

ORDER OR DIRECTIONS

TO,
THE HON’BLE CHIEF JUSTICE AND
THE OTHER COMPANION JUDGES OF
THE HON’BLE HIGH COURT OF DELHI
HUMBLE PETITION OF THE
PETITIONER ABOVE NAMED.

MOST RESPECTFULLY SHOWETH: -

1. That the present petition is being filed by the petitioner,

seeking issuance of any appropriate Writ, Order or

Direction restraining the Respondents from demolishing

the garbage stores in the NDMC area without any

roadmap/ plan /proposal in the name of some “Atm

Nirbhar Scheme” which proposes to demolish these

garbage stores and instead build public toilets in the area.

 The respondents are taking recourse to all illegal means in

violation thereof to subject the rag pickers to harassment.

That the arbitrary and whimsical conduct of Respondents

in demolishing these garbage houses is violative of the

fundamental rights guaranteed under Article 14 and 19(1)

(g) of the Constitution of India as well as Section . Not only

these, they are contrary to the Solid Waste Management

Rules 2016.

2. The petitioner is the All India Kabadi Mazdoor Mahasangh,

a registered Trust who is been working for the upliftment

and benefit of the Kabari workers/rag pickers in the

country. All the rag pickers in the NDMC area are the

members of this trust. Hence, the petitioner is moving this

petition to curb the harassment and threat on the

livelihoods of these rag pickers.

3. The petitioner has been working and is responsible since

many years through its members for segregating the

garbage into recyclable and non- recyclable categories. The

receipts of the challans paid by the rag pickers way back

from year 1990-92 is marked hereto and annexed as

Annexure P-1(Colly).

4. In Jan 2016, it was stated by NDMC Officials in almost all

the daily newspapers of the city that

under the scheme, the beggars and rag pickers will soon

 manage toilet complexes in the city. The Department of

Environment Management Services (DEMS) Committee of

NDMC said that they would provide institutional help in

forming cooperatives of beggars and rag pickers. It was

also stated that the cooperatives will be entrusted the task

of running the toilet blocks. The news paper articles

published in the daily news in the month of January 2016

is marked hereto and annexed as Annexure P-2 (Colly).

5. The DEMS with the help of NGOs working with these

people will work for setting up cooperatives, which will be

initially given the responsibility to run public toilets in JJ

clusters. Later, they may be associated with the upkeep of

toilets of other categories.

6. The NDMC is also working on giving the public toilets in

its jurisdiction to private agencies for ensuring cleanliness

and better upkeep. Also, under the Swachch Bharat

campaign, the civic body has planned to hand over

maintenance of toilets to corporates to bring down the

expenditure on it.

7. However, this so called Scheme was never formulated and

is materialized contrary to the Solid Waste Management

Rules 2016 by the Ministry of Environment, which clearly

prefers and promotes “decentralised processing” which

 means establishment of dispersed facilities for maximizing

the processing of biodegradable waste and recovery of

recyclables closest to the source of generation so as to

minimize transportation of waste for processing or

disposal. True copy of the Solid Waste Management Rules,

2016 is marked hereto and annexed as Annexure P-3.

8. The Scheme has not been rolled out as per any laws/plans

by the Government of NCT. In fact, the sole beneficiaries

are the private companies who will be benefitted after the

removal of the decentralised processing which are involved

in recycling of the waste.

9. There is a gross violation of Article 14 and 19 (1)(g) of the

Constitution of India where the rag pickers and beggars

are lured to work for something which is not approved and

sanctioned by the Government, leading to the grave threat

to their only source of livelihood as a waste picker/rag

picker.

10. As per the officials, the Scheme has the provision of

institutional help in forming cooperatives of beggars and

ragpickers and after the formation of the cooperatives;

they will be entrusted with the task of running the toilet

blocks. Also, the DEMS with the help of NGOs working

with these people will work for setting up cooperatives.

 However, it is pertinent to note here that there have been

no such formation of cooperative, neither any NGOs or

Unions or individuals have been consulted for setting up

the cooperatives.

11. The petitioner sent many representations to the

respondents stating the illegalities involved and difficulties

to the rag pickers due to this arbitrary action of the

respondents. No such representation sent by the petitioner

is heard by the respondents. True copy of the

representation sent by the petitioner to the Government of

NCT is marked hereto and annexed as Annexure P-4.

12. There has been absolutely no roadmap/ or plan given

regarding the so called Scheme in any of the public portals

including their own website of NDMC.

13. There has been absolutely no survey of whatsoever kind

done for the rag pickers already working in these storage

houses for 30 years from now. This is a major threat to

livelihood for these informal rag pickers in lieu of the so

called Scheme whereby these storage houses are

demolished and then no toilets have come up in 8 months.

This has been the case of the storage house near

Chelmsford Club in NDMC area. This particular storage

house was demolished in the month of January 2016 and

 a public toilet was proposed but till now there is no public

toilet in that space even after the passage of the 8 months.

The other storage house was at Rafi Marg which has been

demolished as recent as day before yesterday i.e. on

10.08.2016 without any notice etc. The third at Rafi Marg

is heard to be demolished today i.e. 12.08.2016 by the

NDMC officials as it has been told to the rag pickers of this

particular storage house.

14. There are near about 220 storage houses/ garbage stores

in the NDMC area. Every garbage store has near about 4-5

informal rag pickers and their families are dependent on

the rag pickers for their livelihood. So there is a threat of

livelihood to near about 1100-1200 families because of

this demolitions of store houses due to this proposed

Scheme.

GROUNDS:

That the present petition is being filed on following

grounds amongst others without prejudice to each other;

A. Because this so called “Atm Nirbhar” Scheme was

never formulated and is materialized contrary to the

Solid Waste Management Rules 2016 by the Ministry

of Environment, which clearly prefers and promotes

“decentralised processing”
B. Because there is a gross violation of Article 14 and 19

(1)(g) of the Constitution of India where the rag

pickers and beggars are lured to work for something

which is not approved and sanctioned by the

Government, leading to the grave threat to their only

source of livelihood as a waste picker/rag picker.

C. Because no such formation of cooperative, neither

any NGOs or Unions or individuals have been

consulted for setting up the cooperatives.

D. Because there has been absolutely no roadmap/ or

plan given regarding the so called Scheme in any of

the public portals including their own website of

NDMC.

E. Because there has been absolutely no survey of

whatsoever kind done for the rag pickers already

working in these storage houses for 30 years from

now.

F. Because these garbage houses are being demolished

in lieu of public toilets but no such public toilet have

come into shape even after passage of eight months.

G. Because the petitioner has been working and are

responsible since many years for segregating the

 garbage into recyclable and non- recyclable

categories.

H. Because the NDMC is also working on giving the

public toilets in its jurisdiction to private agencies for

ensuring cleanliness and better upkeep. Also, under

the Swachch Bharat campaign, the civic body has

planned to hand over maintenance of toilets to

corporates to bring down the expenditure on it

arbitrarily.

I. Because there are near about 220 storage houses/

garbage stores in the NDMC area. Every garbage

store has near about 4-5 informal rag pickers and

their families are dependent on the rag pickers for

their livelihood.

15. That the petitioner has no other alternative efficacious

remedy except to approach this Hon’ble Court by way of

present appeal.

16. That the petitioner has not filed any other petition seeking

same or similar relief either before this Hon’ble Court or

before any other court.

 PRAYER

In the light of the submissions made hereinabove, it is most

humbly prayed that this Hon’ble Court may graciously be

pleased to;

a. Issue appropriate Writ, order or direction to the

Respondents to propose a roadmap/plan/scheme in
accordance with the Solid Waste Management Rules,
2016.
b. Issue appropriate Writ, order or direction to the
Respondents to restraining them to demolish the garbage
houses in the NDMC Area till any such scheme is
formulated legally.

c. Issue appropriate Writ, order or direction to the

Respondents to conduct a survey of all the rag
pickers/waste pickers as defined in the Solid Waste
Management Rules, 2016 in the NDMC Area.

d. Pass such other order(s) this Hon’ble Court may deem fit
and appropriate in the facts and circumstances of the
present case.

AND FOR THIS ACT OF KINDNESS THE APPELLANT AS IN

DUTY BOUND SHALL EVER PRAY

Filed Through:

(AMIY SHUKLA/ SHAKTI VARDHAN)

COUNSEL FOR APPELLANTS
115, NEW LAWYERS’ CHAMBER
SUPRME COURT OF INDIA
NEW DELHI-110001
Date: .08.2016
New Delhi
 IN THE HIGH COURT OF DELHI AT NEW DELHI

EXTRAORDINARY CIVIL WRIT JURISDICTION

CM Application no.______of 2016
In
Writ Petition No. _______ OF 2016

IN THE MATTER OF:

ALL INDIA KABADI MAZDOOR MAHASANGH … PETITIONER

VERSUS

NEW DELHI MUNICIPAL COUNCIL & ORS. ...RESPONDENTS

APPLICATION UNDER SECTION 151 OF CODE OF CIVIL

PROCEDURE FOR EXEMPTION FROM TRUE TYPED COPIES
AND CERTIFIED COPIES OF ANNEXURES.

TO,
THE HON’BLE THE CHIEF JUSTICE AND
HIS COMPANION JUDGES OF THE HON’BLE
HIGH COURT OF DELHI AT NEW DELHI

HUMBLE APPLICATION OF THE

APPELLANT ABOVENAMED

MOST RESPECTFULLY SHOWETH:

1. That the accompanying petition is being filed by the

petitioner under article 226 seeking issuance of any other

writ, order or direction restraining the Respondents

restraining them to demolish the garbage houses in the

NDMC Area till any scheme is formulated legally and to

propose a roadmap/plan/scheme thereby in accordance

with the Solid Waste Management Rules, 2016.

2. The contents of accompanying Petition may kindly be read

as part and parcel of this Application and the same are not

reproduced herein for the sake of brevity.

3. That it is most humbly submitted that due to paucity of

time and given the nature of the relief prayed for, it is

difficult to file typed and certified copies of annexures, as

such this Hon’ble Court may kindly exempt the Appellant

from filing typed copies and certified copies of the

annexures annexed to the accompanying Appeal, which

are otherwise legible.

4. That the Appellant undertakes to file the typed copies of

the annexures, if so directed by this Hon’ble Court.

5. That the present Appeal is bonafide and in the interests of

justice.

PRAYER

It is, therefore, most humbly prayed that this Hon’ble Court

may graciously be pleased to;

a. Exempt the petitioner from filing true typed copies and

certified copies of the annexures.

b. Pass such other or further order (s) as may be deemed fit

and appropriate in the facts and circumstances of the

present case.

AND FOR THIS ACT OF KINDNESS THE APPELLANT AS IN

DUTY BOUND SHALL EVER PRAY

Filed Through:

(AMIY SHUKLA/ SHAKTI VARDHAN)

COUNSEL FOR APPELLANTS
115, NEW LAWYERS’ CHAMBER
SUPRME COURT OF INDIA
NEW DELHI-110001
Date: .08.2016
New Delhi
 IN THE HIGH COURT OF DELHI AT NEW DELHI
EXTRAORDINARY CIVIL WRIT JURISDICTION
CM Application no.______of 2016
In
Writ Petition No. _______ OF 2016

IN THE MATTER OF:

ALL INDIA KABADI MAZDOOR MAHASANGH … PETITIONER

VERSUS

NEW DELHI MUNICIPAL COUNCIL & ORS. ...RESPONDENTS

APPLICATION FOR INTERIM STAY UNDER SECTION 151 OF

THE CODE OF CIVIL PROCEDURE

To,
THE HON’BLE CHIEF JUSTICE AND HER
COMPANION JUDGES OF THE HON’BLE
HIGH COURT OF DELHI AT NEW DELHI

PETITION ON BEHALF OF
THE APPELLANT ABOVE NAMED:
MOST RESPECTFULLYSHOWETH:

1. That the accompanying petition is being filed by the

petitioner under article 226 seeking issuance of any other

writ, order or direction restraining the Respondents

 restraining them to demolish the garbage houses in the

NDMC Area till any scheme is formulated legally and to

propose a roadmap/plan/scheme thereby in accordance

with the Solid Waste Management Rules, 2016.

2. The petitioner submits that this unlawful act of the

respondents is causing severe hardship to the petitioner.

The action of the NDMC Officials are arbitrary and in gross

violation of Article 14 and 19 1 g of the Constitution of

India. The petitioner has been deprived of is only means of

bread earning, that is, rag picking, hence the aforesaid

action of the NDMC Officials as well as the Government of

NCT also infringes the fundamental right guaranteed under

Article 19 (1) (g) of the Constitution of India. It is pertinent

to note that depriving rag pickers from carrying on their

usual rag picking activities of segregation of waste is also

contrary to the Solid Waste Management Rules 2016 made

by the Government of India.

3. That the petitioner has good case on merits and there

is great likelihood of success in the present case. It is

further submitted that balance of convenience is lying in

favor of the Appellant and against the respondents.

PRAYER

In the facts and circumstances stated hereinabove, this

Hon’ble Court may graciously be pleased to;

 a) Direct the Respondents restraining them to demolish

the garbage houses in the NDMC Area till the disposal of

the present writ petition and/or

b) Pass any other order(s) as this Hon’ble Court may

deem fit in the facts and circumstances of the present case;

Filed Through:

(AMIY SHUKLA/ SHAKTI VARDHAN)

COUNSEL FOR APPELLANTS
115, NEW LAWYERS’ CHAMBER
SUPRME COURT OF INDIA
NEW DELHI-110001
Date: .08.2016
New Delhi