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HIGH COURT OF DELHI
Date of Decision: 19th September, 2025
COURT ON ITS OWN MOTION .....Petitioner
Through: Mr. Vivek Kumar Tandon, Mr. Arvind Sah, Ms. Vrinda Bhandari, Mr. Parveen Gupta, Local Commissioners.
Through: Mr. Ripudaman Bhardwaj, CGSC
Ms. Beenashaw Soni (SC, MCD)
Ms. Sangeeta Bharti, SSC, DJB
Gupta, S.E. For DJB.
Ms. Pratima N Lakra, CGSC
Ms. Puja Kalra, SC, MCD Ms. Monika Arora, CGSC
Mr. Dhruv Rohatgi, Ms. Chandrika Sachdev and Mr. Dhruv Kumar, Advs. for GNCTD. (9643400939)
Mr. Gaurav Goyal, Mr.Rohit Agrawal, Advs
DSIIDC & Mr. H.H.Zaidi, Legal Ms. Prabhsahay Kaur (Standing
Counsel)
Mr. Biraja Mahapatra & 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. Deevanshu Sharma, General Secretary, Confederation of CETP
Society (8877717111)
Mr. Sandeep Mishra, Special Secretary
JUDGMENT
4 WITH + W.P.(C) 9617/2022 COURT ON ITS OWN MOTION.....Petitioner Through: Mr. Vivek Kumar Tandon, Mr. Arvind Sah, Ms. Vrinda Bhandari, Mr. Parveen Gupta, Local Commissioners.
VERSUS
GOVT.
OF NCT OF DELHI AND ORS.....Respondents Through: Mr. Dhruv Rohatgi, Ms. Chandrika Sachdev and Mr. Dhruv Kumar, Advs. for GNCTD. Mr. Vikrant N Goyal, Mr. Prince Balyan, Mr. Arun Kumar Yadav & Mr. Kunal Dixit, Advs. Ms. Sangeeta Bharti, SSC, DJB with Ms. Malvi Balyan, Adv. with Mr. P.K.Gupta, S.E. For DJB Ms. Prabhsahay Kaur (Standing Counsel) with Ms. Deeksha L Kakar (Panel Lawyer), Mr. Aditya Verma, Ms. Kavya Shukla and Ms. Rashneet Singh, Advs. for DDA. Ms. Beenashaw Soni (SC, MCD) with Ms. Mansi Jain, Adv. (9810046611) Mr. Biraja Mahapatra & Mr. Nalin Hingorani, Advs. for DPCC (8700601834) Mr. Deevanshu Sharma, General Secretary, Confederation of CETP Society (8877717111) Mr. Ripudaman Bhardwaj, CGSC with Mr. Kushagra Kumar and Mr. Amit Kumar Rana, Advs. for UOI. SI Dharampal, Pairvi Officer CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MANMEET PRITAM SINGH ARORA Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. Vide order dated 11th September, 2025, notice was issued to the Delhi Pollution Control Committee (hereinafter, ‘DPCC’) and it was directed to place on record a complete chart of all the industrial areas and steps taken for monitoring treatment of waste. The DPCC was further directed to inform the Court as to how many factories connected to Common Effluent Treatment Plants (hereinafter, ‘CETPs’) have treatment plants installed. Further, vide the said order, Delhi State Industrial and Infrastructure Development Corporation Ltd. (hereinafter, ‘DSIIDC’) was also directed to file a status report regarding the process of upgradation of the 11 CETPs. Relevant portion of the order dated 11th September, 2025 reads as under:
the factories and industries have treatment plants and if so, to what extent is the treatment which is being given.
11. A copy of the report of the 13 CETPs prepared by the Local Commissioner is already stated to have been given to the DPCC officials. Accordingly, the DPCC shall appear on the next date and make its submission in respect of the final report provided by the Local Commissioners.
12. The DPCC shall also inform the Court as to how many of the factories and industries which are connected to the CETPs have treatment plants installed.
13. The Delhi State Industrial and Infrastructure Development Corporation’s (hereinafter, ‘DSIIDC’) official –Mr. Nitin Nandwani, Executive Engineer, DSIIDC submits that there is a process of upgradation of 11 CETPs in coordination with the Department of Industries. Accordingly, let a status report in respect of 13 CETPs be placed on record by the next date of hearing i.e., 19th September,
2025.
14. The DSIIDC shall file a chart within one week of all the industries located in Bawana and Narela areas and as to the number of industries which are connected to CETPs and how they are being monitored.” Affidavit on behalf of DPCC • APPROVED INDUSTRIAL AREAS
3. Today, Mr. Biraja Mahapatra, ld. Counsel for DPCC has handed over an affidavit dated 17th September, 2025 on behalf of the DPCC. The Court has perused the said affidavit. As per the said affidavit, there are various industrial areas in Delhi. Some are approved industrial areas and some are areas which have been notified for re-development. In respect of the approved industrial areas, the stand of the DPCC is as under:
List of 28 Approved Industrial Areas along with No. of Industries / Units and No. of ETPs (As per Consent Record of DPCC)
1. Jhilmil Industrial Area 1382 23
2. Friends Colony Industrial Area 808 11
3. Okhla Industrial Area 1517 141
4. Lawrence Road Industrial Area 369 34
5. Mangolpuri Industrial Area 621 17
6. Wazirpur Industrial Area 1050 25
7. Mayapuri Industrial Area 2062 82
8. Naraina Industrial Area 543 42
9. Bndli Industrial Area 378 44
10. Bawana Industrial Area 8875 260
11. G.T. Karnal Road Industrial Area 305 26
12. Narela Industrial Area 3120 113
13. Rajasthani Udyog Nagar Industrial Area 75 8
14. SMA Industrial Area 130 9
15. SSI Industrial Area 72 7
16. Udyog Nagar Industrial Area 268 17
17. Nangloi Industrial Area 234 6
18. Parparganj Industrial Area 621 32
19. Okhla Flatted Factory Complex 64 0
20. Okhla Industrial Estate 94 9
21. Mohan Co-operative Industrial Estate 26 23
22. Najafgarh Road Industrial Area 352 31
23. Kirti Nagar Industrial Area 268 13
24. Moti Nagar Industrial Area 76 2
25. Keshopur Industrial Area 41 2
26. Tilak Nagar Industrial Area 29 4
27. Jhandewalan Flatted Factory Complex 329 0
28. Shahzada Bagh Industrial Area 450 0 Total 24169 981
4. After having heard the Local Commissioners as also Mr. Mahapatra, ld. Counsel for DPCC and Mr. Deepak Kumar Singh, Additional Director, DPCC in respect of the abovementioned industrial areas, it appears that the submitted data is unclear on various aspects. Accordingly, further data requires to be collected if a comprehensive and effect resolution plan is to be finalised to prevent water-logging in Delhi and to ensure clean/treated water is flowing into the river. As a first step, the DPCC is directed as under: A) The DPCC shall conduct an inspection of all the industrial units in G.T. Karnal Road Industrial area. In this area, the DPCC shall depute 50 technical staff along with 50 staff provided by the Delhi Government to undertake the following tasks: 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. Karnal 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.
6. Mr. Deepak Kumar Singh, Additional Director, DPCC and Mr. Sandeep Mishra, Special Secretary, Integrated Drain Management Cell (hereinafter, ‘IDMC’) shall manage the inspection on an overall basis and coordinate the same. • AREAS NOTIFIED FOR RE-DEVELOPMENT
7. Insofar as the areas notified for re-development are concerned, it is stated that besides 28 approved industrial areas, 27 areas are notified for redevelopment. The affidavit filed by DPCC states as under:
List of 27 Areas Notified for Re-development (nonconforming clusters of industries for redevelopment) along with No. of Industries / Units and No. of ETPs is at Annexure -2
8. As can be seen from the said affidavit, even certain basic infrastructure facilities such as sewage system, drainage system, storm water drains etc., appear to be not fully set up in these re-development areas. Accordingly, 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’), DSIIDC, Public Works Department (hereinafter, ‘PWD’) and Department of Industries shall sit together with their respective officials and convene a meeting. This meeting shall be coordinated by Ms. Sangeeta Bharti, ld. SSC for DJB. One of the officers from each of the authorities along with their ld. Counsel, shall participate in the said meeting and in terms of the table above, three more columns shall be added which are as under: a) Land owning agency; b) Local body responsible for laying down and 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. • GROSSLY POLLUTING INDUSTRIES:
11. It is further informed to the Court that there are a total 164 gross polluting industries/units in Delhi. The DPCC’s affidavit in respect thereof states as under:
12. In respect of the above 164 grossly polluting industries/units, let a chart be placed on record naming the industries as also the status of the inspections done in the said industry/unit for the last five years by the third party agencies and/or by DPCC, as applicable. The said chart shall also include whether the functioning of the said industries/units in terms of the installation of ETP is satisfactory or not. • STATUS OF CETPs:
13. Insofar as 13 CETPs are concerned, the status of the same is as under:
14. Accordingly, notice be issued to all CETPs operators to appear before the Court on the next date of hearing.
15. Mr. S. K. Tandon, the General Secretary of the Confederation of CETPs Owners is present in Court today. He has been apprised of the order passed today. Mr. Tandon assures the Court that all the 11 CETPs[1] owners shall be At Sr. No. 1 to 11 of the of the table at paragraph 14 of this Order. duly represented on the next date of hearing. The final report dated 9th September, 2025 of the Local Commissioners, in respect of all 13 CETPs shall be provided to Mr. S.K. Tandon through his Counsel namely, Mr. Divanshu Sharma. The CETP owners may deal with the contents of the report of the Local Commissioner, if so advised and make submissions on the next date of hearing.
16. Mr. Sandeep Mishra, Special Secretary, IDMC, shall also inform the Court on the next date of hearing as to what steps have been taken after the passing of the order by this Court in W.P.(C) 7594/2018 on 11th September, 2025 towards upgradation of the CETPs or towards taking over of the CETPs. Affidavit on behalf of DSIIDC
17. Ld. Counsel for the DSIIDC has handed over an affidavit dated 19th September, 2025. It is stated in the affidavit that two of the CETPs out of the 13 CETPs are under the control and operation of the DSIIDC. The position of the CETPs in two industrial areas, which are managed by the DSIIDC, are set out in the affidavit as under:
18. A perusal of the above would show that there is a sharp contrast between the number of industrial plots and the number of industries/units given by the DPCC and the DSIIDC. For example, in the Bawana 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.
20. On the last date of hearing i.e. 11th September, 2025, this Court was informed by Mr. Nitin Nandwani, Executive Engineer, DSIIDC that there is an ongoing process for upgradation of 11 CETPs in coordination with the Department of Industries.
21. Today, it is submitted that the upgradation of 13 CETPs was to be done by the Council of Scientific & Industrial Research - National Environmental Engineering Research Institute (hereinafter, ‘CSIR-NEERI’), which is a technical agency. Since the CSIR-NEERI seems to be the agency which is incharge of upgradation of all 13 CETPs, let notice be served upon the CSIR- NEERI to appear before this Court on the next date of hearing. The said notice shall be served by Mr. Sandeep Mishra, Special Secretary, IDMC.
CSIR- NEERI shall also file a status report in respect of the functioning of all the CETPs and the funds required for upgradation of all the CETPs by the next date of hearing.
22. This Court is of the opinion that a Nodal Officer is required in this matter. Accordingly, Mr. Sandeep Mishra, Special Secretary, IDMC shall function as the Nodal Official to assist the Court on behalf of the Government of National Capital Territory of Delhi (hereinafter, ‘GNCTD’). All the departments and authorities shall render all cooperation to Mr. Mishra to place all the facts before this Court and for implementing any directions issued. Najafgarh Basin, Barapulla Basin & Trans-Yamuna Basin
23. Insofar as the three basins are concerned, the design consultants have already been appointed, whose reports have been placed on record. It is submitted by Mr. Sandeep Mishra and Mr. Krishan Kumar Singh from the PWD that the said reports have been communicated to various agencies to obtain their feedback and any changes in the design. The same is stated to take about a period of three months.
24. In view thereof, on this aspect of the reports relating to the design of all the three basins and the manner how the water logging is to be avoided, let the final report be placed before this Court by 15th December, 2025.
25. In the meantime, PWD, DJB and MCD shall also hold continuous meetings to peruse these three reports and to see the manner in which the parallel drains for storm water and sewage can be made part of the same project so that the same remains effective to stop water logging, stop flow of sewage into storm water drains and to also ensure that the sewage water does not overflow into the roads. The meeting between the PWD, DJB and MCD officials as also I&FCD, if required, shall take place for the first time under the Chairmanship of Mr. Sandeep Mishra and Mr. Krishan Kumar Singh from the PWD on 25th September, 2025 in the office of Mr. Sandeep Mishra, Special Secretary, IDMC.
26. The three reports, which have been given by the design consultants, shall be debated and discussed and if any amendments need to be made, the design consultants shall also consider the same. Design consultants shall also remain physically present in the said meeting. If further meetings are required, Mr. Mishra shall coordinate the same.
27. List on 29th October, 2025 at 2:30 p.m. PRATHIBA M. SINGH JUDGE MANMEET PRITAM SINGH ARORA JUDGE SEPTEMBER 19, 2025/kk/Rahul/dk/ck