Kiran Raj

The High Court of Delhi Division Bench of Justice Prathiba M. Singh and Justice Manmeet Pritam Singh Arora has directed the Delhi Jal Board (DJB) to proceed with laying a new sewer line across the residential complex of the All-India Institute of Medical Sciences (AIIMS) to alleviate recurring waterlogging in Green Park Extension and nearby areas. Stating the importance of minimal disruption to residents, the court stated that "the new sewer line is required to be laid across AIIMS Residential complex," while clarifying that "the above report shall be prepared in close coordination with the AIIMS so that least disturbance is caused to the residents."

Recognising the competing positions of the involved authorities and the urgent civic concerns stated in multiple status reports and inspections, the court has also mandated inter-departmental coordination under the leadership of the Chief Engineer, DJB. The court found sufficient evidence to conclude that existing infrastructure is inadequate to handle monsoon flows and thus, necessitates bypass arrangements through AIIMS land, which is stated to be only 130 meters of the required 200-meter sewer stretch. The matter is listed next for July 28, 2025.

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The petition filed under Article 226 of the Constitution of India concerned the persistent issue of waterlogging in Green Park Extension and surrounding areas of Delhi. The petitioner, appearing in person, challenged the ineffectiveness of the existing sewage and stormwater systems and sought directions for laying a new sewer line to mitigate the recurring problem.

On the previous hearing dated 29 May 2025, AIIMS had opposed the proposal of laying a sewer line across its premises. The opposition was premised on the assertion that the land proposed for the sewer line belongs to the New Delhi Municipal Council (NDMC), which was not a party to the petition at that time. AIIMS also contended that the waterlogging in the affected areas was not due to deficiencies in the sewer infrastructure but resulted from a poorly functioning rainwater drainage system.

In contrast, the Municipal Corporation of Delhi (MCD), in a status report dated 27 February 2025, stated that the current sewer line was aged and insufficient to manage the volume of water during the monsoon season and needed to be replaced. The Delhi Jal Board (DJB) concurred in its status report dated 15 April 2025, recommending the construction of a new sewer line through the AIIMS campus.

Considering these diverging views, the Court passed an order on 29 May 2025 to implead NDMC. A subsequent order on 30 May 2025 directed NDMC to conduct a meeting chaired by its Secretary with representatives from I&FD, DJB, MCD, PWD, AIIMS, and area residents to explore the feasibility of laying the sewer line on NDMC land within AIIMS premises.

Pursuant to this order, a meeting was held on 4 June 2025 at NDMC Palika Kendra. Following the meeting, a joint site inspection was conducted on 5 June 2025 by officials of NDMC and DJB. The inspection observed no incidents of sewage overflow, and it was noted that the existing 300 mm diameter outfall sewer line from Aurobindo Marg to the Green Park Extension Gate was operational and clear of blockages. Moreover, a dedicated internal stormwater drainage system was found in Green Park Extension. However, the absence of a stormwater drains on the road connecting Green Park Extension Gate to Aurobindo Marg via Yusuf Market was recorded.

Following the inspection, several technical recommendations were made. DJB was advised to undertake a CCTV survey to evaluate silt levels and infrastructure condition, ensure preventive maintenance of the Green Park sewer network, and assess whether the current pipe diameters were adequate. If found insufficient, the DJB was to explore the possibility of laying a bypass sewer line through AIIMS premises, for which a preliminary survey had already been conducted.

The minutes of the 4 June 2025 meeting further revealed that the Land and Development Officer (L&DO) informed the attendees that the concerned land was formally allotted to AIIMS. This contradicted AIIMS’ earlier position that the area falls under NDMC jurisdiction.

In AIIMS’ status report dated 27 May 2025, it was reiterated that the campus comes under NDMC and not MCD, and hence, NDMC’s involvement was essential for any project approval. The report expressed concern that the proposed line would not serve the public at large but only a few beneficiaries. AIIMS also warned about the future responsibility of maintaining the new sewer infrastructure and noted that approximately 17 trees would need to be uprooted for the construction.

After hearing submissions from NDMC, DJB, AIIMS, and the petitioner, the Court recorded that during the recent rains, Green Park Extension did not experience waterlogging. This outcome was attributed to consistent sewer cleaning efforts by DJB following the meeting held on 5 June 2025.

The Court noted that DJB officials confirmed the necessity of laying a new sewer line through the AIIMS campus. The proposed line would not exceed 200 meters, with only 130 meters passing through AIIMS land. Accordingly, the Court held that "the Court does not doubt the necessity of laying sewerline across the AIIMS premises to prevent waterlogging in the concerned areas."

Taking into account the public interest and limited land requirement, the Court stated that "the new sewer line is required to be laid across AIIMS Residential complex." However, recognising AIIMS’ concerns, the Court stressed that "the above report shall be prepared in close coordination with the AIIMS so that least disturbance is caused to the residents within the AIIMS residential campus during the laying of the sewer line."

The Court acknowledged that NDMC is only the sanctioning authority and that the land stands allotted to AIIMS. Therefore, AIIMS’ participation and satisfaction with the proposed project remained crucial.

The Court issued specific directions to ensure effective implementation of the proposed project. It directed that for the current monsoon season, "the DJB and MCD shall ensure the complete de-silting and cleaning of both the sewer line and the storm water drain on a regular basis so as to prevent any water logging in the concerned areas."

Further, a meeting was ordered to be held under the leadership of the Chief Engineer, DJB. The Court specified that representatives from AIIMS, MCD, NDMC, PWD, and the Forest Department, GNCTD must attend the meeting to address issues related to tree removal and necessary clearances.

The meeting is scheduled for 8 July 2025, to be conducted by Mr. Anil Sharma, Chief Engineer (South), DJB, at Varunalaya Phase-II. The Chief Engineer, DJB and Commissioner, MCD were directed to submit a report on the sewer line and storm water drain plan, in consultation with all stakeholders. The report must be presented to the satisfaction of the AIIMS Nodal Officer, Mr. Deepak Bhutale, Superintendent Engineer, AIIMS.

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The Court mandated that the report should include details on the design of the sewer line, timeline for construction, budgetary allocations, tendering process, and future maintenance. Additionally, the DJB was instructed to provide a status update on waterlogging in the Green Park Extension during the current monsoon season.

The Court stated that "the above report shall be prepared in close coordination with the AIIMS so that least disturbance is caused to the residents within the AIIMS residential campus during the laying of the sewer line.

List on 28th July, 2025.

Advocates Representing the Parties:
For the Petitioner: Shailendra Bhatnagar, Petitioner in person
For the Respondents: Ms. Rajbala for Mr. Tushar Sannu, ASC for NDMC; Ms. Sangeeta Bharti, Standing Counsel for DJB with Mr. Vineet Dwivedi, Zonal Engineer; Dr. Harsh Pathak and Mr. Mohit Choubey with Mr. Devender Kumar, Executive Engineer, AIIMS

Case Title: Shailendra Bhatnagar v. Govt. of NCT of Delhi & Ors.
Case Number: W.P.(C) 15399/2024
Bench: Justice Prathiba M. Singh, Justice Manmeet Pritam Singh Arora