Full Text
HIGH COURT OF DELHI
Date of Decision: 29th October, 2025
COURT ON ITS OWN MOTION .....Petitioner
Through: Mr. Vivek Kumar Tandon, Mr. Arvind Sah, Ms. Vrinda Bhandari, Mr. Parveen Gupta, Local Commissioners
Mr. Manik Gupta, Mr. Mohammad Tanvir Ali, Advs. for Intervenor.
Through: Mr. Ripudaman Bhardwaj, CGSC
Ms. Beenashaw Soni (SC, MOD)
(SE,MCD) (9810046611)
Ms. Sangeeta Bharti, SSC, DJB
Gupta, S.E. For DJB.
Ms. Pratima N Lakra, CGSC
Ms. Puja S Kalra, standing counsel
Ms. Monika Arora, CGSC
Mr. Dhruv Rohatgi, Ms. Chandrika Sachdev and Mr. Dhruv Kumar, Advs. for GNCTD. (9643400939)
Mr. Gaurav Goyal, Mr. Abhishek Paruthi, Mr. Rohit Agrawal, Mr. Vaibhav Sharma, Advs.
Environment, Mr. Ajit Kumar Executive Engineer Narela Bawana, Mr. Vikas Kumar AEE.
Ms. Prabhsahay Kaur (Standing Counsel)
(Panel Lawyer), Mr. Aditya Verma, Ms. Kavya Shukla and Ms. Rashneet Singh, Advs. for DDA. (8858999883)
Mr. Biraja Mahapatra, Mr. Mukesh Mishra & Mr. Nalin Hingorani, Advs. for DPCC
Ms. Latika Malhotra, Adv. Mr. Dinesh Kumar Singh, Additional
Director & Mr. Dinesh Jindal, LO DPCC SI Dharampal, Pairvi Officer
Mr. Ashutosh Lohia, Mr Deevanshu Sharma, Mrs Simran Chawla, Ms
Shradha, Ms Rishika Jain, Advs. for the Confederation of Delhi Industries and CETP Societies alongwith Mr. SK Tandon General Secretary.
Mr. Tushar Sannu & Mr. Fajallu Rehman, Advs. (M: 9911991166)
Ms. Preeti Sirohi, Mr. Sudhanshu Tiwari, Advs. for applicant.
Mr. Vikas Goyal, Mr. Abhishek Kumar and Ms. Twinkle Kataria, Advs. for PNC Delhi industrialinfra pvt Ltd (concessionaire at Narela)
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COURT ON ITS OWN MOTION .....Petitioner
Through: Mr. Vivek Kumar Tandon, Mr. Arvind Sah, Ms. Vrinda Bhandari, Mr. Parveen Gupta, Local Commissioners
Through: Mr. Dhruv Rohatgi, Ms. Chandrika Sachdev and Mr. Dhruv Kumar, Advs for GNCTD.
Mr. Vikrant N Goyal, Mr. Kunal Dixit, Mr. Piyush Wadhwa, Advs.
Ms. Sangeeta Bharti, SSC, DJB
Gupta, S.E. For DJB Ms. Prabhsahay Kaur (Standing
Counsel)
Ms. Beenashaw Soni (SC, MCD)
Mr. Biraja Mahapatra, Mr. Mukesh Mishra & Mr. Nalin Hingorani, Advs. for DPCC
Mr. Ripudaman Bhardwaj, CGSC
SI Dharampal, Pairvi Officer.
Mr. Sandeep Mishra, Special Secretary Mr. Kuldeep Singh, Executive
Engineer, Environment, DSIIDC
Prathiba M. Singh, J. (Oral)
JUDGMENT
1. This hearing has been done through hybrid mode.
2. Vide order dated 19th September, 2025, ld. Counsels for Municipal Corporation of Delhi (hereinafter, ‘MCD’), Delhi Development Authority (hereinafter, ‘DDA’), Delhi Jal Board (hereinafter, ‘DJB’), Irrigation and Flood Control Department (hereinafter, ‘I&FCD’), Delhi State Industrial and Infrastructure Development Corporation Ltd. (hereinafter, ‘DSIIDC’), Public Works Department (hereinafter, ‘PWD’) and Department of Industries were directed to convene a meeting along with their respective officials in respect of the 27 areas notified for re-development and file a report in respect thereof. The relevant portion of the said order reads as under:
managing sewage/drainage system; c) Local body responsible for laying down and managing storm water drains. d) Whether there is any existing sewage system and /or storm water drains at all in the said areas and if so, what is the extent of coverage;
9. The said table shall be prepared and be placed before the Court by the next date of hearing. The same shall be signed by all the officials and ld. Counsels of the abovementioned authorities i.e., MCD, DDA, DJB, I&FCD, DSIIDC, PWD and Department of Industries.
10. Mr. Mishra, Special Secretary, IDMC agrees to depute the concerned senior officials from the Department of Industries for the said meeting.”
3. Moreover, vide the said order DPCC was directed to inspect all the industrial units in the G.T. Karnal Industrial area and file a report in respect thereof. The relevant portion of the said order reads as under:
i) To check up the name of the industry and the nature of activity being conducted therein; ii) Whether there is a proper sewage line in the factory; iii) Whether there is a proper connection between the sewage line in the factory with the sewage system of the local body; iv) Whether the said sewage system is connected to the Sewage Treatment Plant (hereinafter, 'STPs') or the CETPs; v) Whether a workable Effluent Treatment Plant (hereinafter, 'ETP') is there or not in the factory and if so whether it is working?
5. In order to enable the proper inspection of these industries in G.T. Kamal Road Industrial area, on the days of inspection, any one of the Local Commissioners of this Court from amongst Mr. Vivek Kumar Tandon, Ms. Vrinda Bhandari, Mr. Praveen Gupta, and Mr. Arvind Sah, shall supervise the inspection based upon their convenience and availability. The report, after inspecting all the industries in G.T. Karnal Road Industrial area shall be placed before the Court by the next date of hearing.”
4. This Court vide order dated 19th September, 2025 further directed the DSIIDC to convene a meeting with DPCC and file a joint status report in respect of the number of the industrial plots and industries in the Bawana Industrial area and Narela Industrial area. The relevant portion of the said order reads as under:
Industrial area, as per DPCC there are a total of 8875 industries/units but as per the DSIIDC, the total industrial plots are 16312. It is, thus, inexplicable as to how there can be such a contrast in the number of industries/units itself.
19. Accordingly, let DPCC and DSIIDC have a meeting and come up with an exact number of industrial plots and industries in the Bawana Industrial area and Narela Industrial area and file a joint status report in respect of the same by the next date of hearing.”
5. Today, the reports filed by the DPCC and DSIIDC are not on record. The same appears to be under objection. Let the same be cleared and be brought on record by the next date of hearing.
6. A status report dated 27th October, 2025 has been filed by the DJB as per which it appears that re-development of 27 industrial areas was handed over to the DSIIDC. However, submissions have been made today on behalf of the DSIIDC by Mr. Gaurav Goyal, ld. Counsel for the DSIIDC and Mr. Kuldeep Singh, Executive Engineer, Environment, DSIIDC, that three consultant architect agencies have been engaged to conduct surveys in these areas and prepare re-development plans for the same. The said consultant architect agencies are as under:
(i) M/s Creative Circle (for 8 Industrial areas);
(ii) M/s SABS Architects & Engineers Pvt. Ltd. (for 11 Industrial areas)
(iii) M/s Square Designs (for 8 Industrial areas)
7. The work of these consultant architect agencies is primarily to only conduct a survey and submit a report to the MCD as per the DSIIDC. Thus, though the Cabinet decision was taken way back in the year 2023, till date, only survey of 17 areas is stated to have been completed, though the reports regarding the same are not submitted to MCD. Moreover, no report has been placed on record by the DSIIDC. In respect of the remaining 10 areas, either the survey is yet to be conducted or the report is yet to be prepared by the consultant architect agencies.
8. In all these areas, there are no storm water drains or sewage lines. As per Ms. Bharti, ld. SSC for DJB, some Resident Welfare Associations had informed her that there are sewage lines but whether they are connected to the Sewage Treatment Plants (hereinafter, ‘STPs’) and Common Effluent Treatment Plants (hereinafter, ‘CETPs’) is also not clear. The stand of the MCD is however clear that it has not constructed any storm water drains or drainage systems in any of these 27 areas.
9. Thus, between DSIIDC, DJB, MCD and the Ministry of Industries, there is no clarity as to which agency is responsible for re-development of these 27 areas where several industries are already functional. Mr. Mahapatra, ld. Counsel appearing for the DPCC, has also been queried in order to ascertain whether the DPCC is monitoring and overseeing the functioning of industries situated in the said areas. However, there is no clarity on this aspect as well.
10. It is thus clear that basic facilities of sewage lines and storm water drains are non-existent. Connecting sewage lines to STPs and CETPs would in fact be the next step. Industries are already functioning in these areas and must be resulting in contamination of ground water and whatever water is flowing into the river without treatment. This is an extremely appalling situation.
11. Under these circumstances, the Court has no option but to direct the following officials to remain present in Court on the next date of hearing:
(i) Mr. Rajeev Verma, Chief Secretary of Delhi
(ii) Mr. Bipul Pathak, Additional Chief Secretary, Ministry of
(iii) Ms. Nazuk Kumar, Managing Director, DSIIDC
(iv) Mr. Ashwani Kumar, Commissioner, MCD
(v) Mr. Sandeep Mishra, Secretary, DPCC
12. The presence of the above officials is primarily for them to assist the Court as to how to deal with this situation where neither of the agencies is willing to take responsibility for the construction/development of sewage lines, storm water drains, connections to STPs and CETPs and monitoring thereof.
13. The above officials may hold a meeting prior to the next date of hearing i.e., by 10th November, 2025 and submit a report by 15th November, 2025 before the Court regarding the action plan. The present matter shall be next listed on 22nd November, 2025 which is a Saturday.
14. In the deliberation between the aforementioned officials, the Cabinet’s decision dated 22nd August, 2023 shall be taken note of where proper steps were directed for re-development of these areas and there has been no progress since then except appointment of three consultants. The status of the work which was handed over to these consultants is also not clear. The three consultant agencies are M/s Creative Circle, M/s SABS Architects & Engineers Pvt. Ltd. and M/s Square Designs. Representatives of these consultants shall also remain physically present in Court on the next date of hearing.
15. If no meaningful decision is placed on record by the abovementioned officials by a joint report, then the above said officials shall remain present in Court physically. However, if a report is filed and the same is brought on record, giving proper solutions, they are given the option to appear virtually on the next date of hearing.
16. With the consent of parties, list on Saturday, 22nd November 2025 at 10:30 am.
PRATHIBA M. SINGH JUDGE MANMEET PRITAM SINGH ARORA JUDGE OCTOBER 29, 2025 kk/dj/ck