Kiran Raj

The Delhi High Court, in an order dated December 24, 2024, issued directives aimed at addressing issues related to illegal constructions, drainage, and waste management in the Taimoor Nagar and Khizarabad areas. The matter arose from a writ petition filed by the Maharani Bagh Co-Operative Housing Building and Welfare Society Ltd., seeking the removal of encroachments, desilting of drains, and implementation of the Drainage Master Plan for the National Capital Territory (NCT) of Delhi, 2018, and the Master Plan of Delhi, 2021.

A division bench comprising Justice Pratibha M. Singh and Justice Manmeet Pritam Singh Arora directed the Special Task Force (STF), constituted under the leadership of Mr. Anil Kumar, Chief Engineer (Irrigation and Flood Control Department), to oversee and implement the actions necessary for resolving the issues raised in the petition. The court remarked, “The Court has perused all the issues discussed and the action to be taken. The STF is directed to proceed ahead in the manner as recorded in the Minutes and agreed between the various departments including I&FC, MCD, DJB, DDA.”

The STF, as constituted, includes representatives from the Irrigation and Flood Control Department (I&FC), the Municipal Corporation of Delhi (MCD), the Delhi Jal Board (DJB), and the Delhi Development Authority (DDA). The primary mandate of the STF is to ensure cleanliness, desilting, de-clogging, and maintenance of the Taimoor Nagar drain. Additional responsibilities include the removal of encroachments, construction and repair of boundary walls, and addressing issues related to waste management and unauthorized dumping.

The court, in its order, held the importance of inter-departmental cooperation and tasked Mr. Kumar with ensuring that all necessary actions are undertaken efficiently. The bench observed, “The concerned authorities shall render everyday cooperation and attend any meetings as may be directed by Mr. Anil Kumar. The timelines stipulated in the above extracted minutes shall be adhered to by all parties concerned.”

The Delhi High Court issued the following directives to the STF.

1. Drain Maintenance and Desilting: The STF was instructed to undertake desilting and maintenance of the drain, ensuring free flow of water. The court noted the presence of silt and waste along the banks and directed that these be cleared promptly, subject to restrictions under the Graded Response Action Plan (GRAP). The contractor engaged for the task, Mr. Manoj Chauhan, assured the court of compliance with the directives.

2. Waste Management: The court directed the installation of Fixed Compact Transfer Stations (FCTS) at designated locations to facilitate waste collection and prevent dumping into the drains. The DDA was ordered to issue the necessary No Objection Certificates (NOCs) by January 5, 2025, to expedite the process.

3. Boundary Wall Construction: A recurring issue identified was the absence or damage to boundary walls along the drain, allowing unrestricted access for waste disposal. The court ordered the STF to prepare a detailed sketch for constructing a protective wall and present it in the next hearing.

4. Coordination with Stakeholders: Cooperation from various agencies, including the National Highways Authority of India (NHAI) and the BSES, was deemed crucial for addressing overlapping concerns such as pipeline obstruction and hanging electric wires. The court directed these stakeholders to participate actively in resolving the identified issues.

The STF, during its deliberations, identified several actionable points, including the reconstruction of temporary culverts and clearing obstructions caused by pipelines and unauthorized structures. The court mandated adherence to timelines, cautioning that non-compliance would invite stringent action. The bench further directed that tamper-proof meters and sensors be installed at Sewage Treatment Plants (STPs) to monitor operational efficiency and discharge quality, as previously suggested in its November 2024 order.

The court scheduled the next hearing for January 27, 2025, to review progress and ensure compliance with its directives. It also sought a status report from the DJB on sewage treatment plant operations and quality of treated water discharged into the Yamuna River. The bench remarked, “The status of all the sewage treatment plants shall be reported, including details of Biological Oxygen Demand (BOD), Chemical Oxygen Demand (COD), Total Suspended Solids (TSS), and other parameters.”

Case Title: Court on Its Own Motion v. Union of India & Ors.

Case Number: W.P.(C) 7594/2018 and connected matters

Bench: Justice Pratibha M. Singh and Justice Manmeet Pritam Singh Arora

[View/Download order]