The Complaint draft had been more or less prepared by myself Monday, 30th May itself, but I thought that it needed some editing. On Sunday, 5th June at around 9:10 PM I reached the Janak Puri Police Station and submitted the Complaint and got the received copy. You see the Complaint in the image. The text of the Complaint is also copied pasted below.
MCD should be jailed. I told this to the person at the Police Station. I do not know if he is Ramesh Singh, the person who had spoken with me last Sunday. The person asks how come is it that there is a smell in my house when there are structures in between. He said also that my house is 60-70 feet away - that he has already done a recce (I doubt it), how can the smell be there. I told him that the problem is actually there, why would I complain to the Police? He says ok if the restaurants are found to be violating anything, then they will seal it. I told the person that I am informing them in advance that I will take this to the Delhi Government as well as the Central Government. And by the way, air is not like a solid that cannot flow. Air is air (gas) that can flow. I did not tell that. It is an obvious fact anyway.
Now in the Complaint I have mentioned about the distance being under 30 metres as the bird flies. I told this to the person. I told him also that as per my little knowledge the MCD itself has guidelines that no exhaust shall be within less than 250 feet from any house - though I am not sure whether it is 250 feet or 250 metres or something else but that there is something, in all probability, within the MCD's rules themselves.
I said that the MCD is violating its own rules then and therefore the MCD people should also be arrested. This is mentioned in the Plaint.
Complaint Text is given below:-
Janak Puri Police Station,
Janak Puri, Delhi - 110058.
Dear Sir / Madam,
Reference: Smell from a Restaurant in DDA Residential Flats.
Please recall the telephone call from your Police Station on 29th May, 2016 at 4:18 PM after my call at 100 at 3:16 PM.
I stay in Block C2B of Janak Puri. From 24th May onwards there is a smell of rotten food and exhaust fumes in our Balcony and thence in our House. Smell intensity is variable. I did a little investigation of my own. This smell is because of the vapours or air that is expelled from the rear of a Restaurant that has started to operate from about 22nd May, 2016 from Flat No. 85A of the same Block C2B. The Restaurant is called 'Wah Ji Wah' and you can view their Board from the Main Road. The exhaust of this Restaurant is towards the staircase side of the flat. This staircase side or the side from where they are expelling fumes is in the "inside" of the Block. The fumes are expelled "inside" of the Block. The fumes are expelled in to an inner lane, and then from the inner lane they travel up to an inner road, and from that inner road these fumes travel up to our Flat. The horizontal distance in a straight line (as the bird flies) from this Flat to our Flat is less than 30 metres.
These vapours are a health hazard. This smell is an inconvenience and an infringement to our right to life with dignity. The Delhi Police must get this Restaurant closed. Our health is affected, our life is affected.
The Delhi Police may recall that in 2011-12 also the problem of vapours and smell had started from Flats nearby this particular Flat (in the same line) and I had written to you as well as the MCD. The problem has started again. If the MCD has allowed, then you should actually arrest the MCD people also. They did not take my consent when opening this Restaurant. I stay in close vicinity. There is some loose talk about restaurants being allowed in Roads of a particular width. That talk is bogus. Yes, it is bogus. "Provision" does not mean that "it must happen". "Provision' only implies 'a possibility' 'if and only if' 'nothing else' is being violated and then too only if the residents allow. The MCD did not take the residents into confidence before allowing this. They did not seek the residents' permission. They did not seek my permission. I have an objection. My objection is not necessarily to the fact that they did not seek my permission. When the Flats were purchased by the residents then there was no such rider that 'one day in the future illegal commercial activities will be allowed by the MCD here'. DDA (Delhi Development Authority) itself should object to the MCD's ways. Strange. I have an objection to this Restaurant. Get this Restaurant closed, that's it. It is a health hazard, it is an infringement on our simple lives, it is an inconvenience.
My Mobile No.
In the image I have blacked out my name, address, mobile no.
|Complaint submitted with Janak Puri Police Station on 5th June, 2016.|