Full Text
HIGH COURT OF DELHI
Date of Decision: 28th July, 2025
SHAILENDRA BHATNAGAR .....Petitioner
Through: Petitioner in person through VC.
Through: Mr. Amit Tiwari, CGSC
Ms. Beenashaw N Soni, SC, MCD
Joseph, Advs. (M:9810046611)
Dr. Arunima Dwivedi, CGSC
Mr. Ravinder Agarwal, Mr. Manish Kumar Singhal & Mr. Vasu Agarwal, Advs. for UPSC.
Mr. Tushar Sannu, Adv. for GNCTD
Mr. V.S.R. Krishna & Mr. V.
Shashank Kumar, Advs. for AIIMS.
Prathiba M. Singh, J. (Oral)
JUDGMENT
1. This hearing has been done through hybrid mode.
2. The present petition filed by the Petitioner under Article 226 of the Constitution of India relates to the waterlogging problem in Green Park Extension and surrounding areas. On last date of hearing i.e., 18th June, 2025, the Court after rejecting the submission on behalf of AIIMS that the land was under the control of New Delhi Municipal Council (hereinafter ‘NDMC’), the following directions were issued.
the proposal for the designing of the sewer line, the manner in which it would be connected from Green Park Extension to the Aurobindo Marg along the AIIMS premises in terms of the DJB letter dated 17th March, 2025 addressed to the Superintending Engineer, AIIMS. The following aspects shall be covered in the report. a. Designing of the sewer line b. Timelines for the same c. Budget d. Timeline for calling of tender e. Maintenance of the sewer line
(v) The DJB, vide the status report, shall also inform the Court, the position of waterlogging in the Green Park Extension area during the current monsoon season.”
3. The meeting on 8th July, 2025, which was to be held in the office of Chief Engineer (South), Delhi Jal Board (hereinafter ‘DJB’) is stated to have been held and a Status Report has also been filed by DJB in this regard. A perusal of the said report reveals that the Superintending Engineer, AIIMS did not participate in the meeting on 8th July, 2025 and AIIMS remained unrepresented in that meeting. As directed earlier, the plan for laying of the sewer line, in consultation with all the authorities and specifically Mr. Deepak Bhutale, the Nodal Officer AIIMS, was to be prepared and placed before the Court today. Unfortunately, due to non-cooperation by AIIMS, the same could not be finalized.
4. However, the report placed on record by DJB has been attached as an annexure to the minutes of meeting dated 8th July, 2025, a perusal of which would show that the total budget required would be to the tune of Rs.34,00,027/- and the same has been placed before the Finance Committee for approval. The report of the DJB states as under: “That as per Minutes of Meeting dated 08.07.2024, the following decisions have been taken by Delhi Jal Board. i. The design/size of the proposed sewer line to be laid from Green Park Extension to Aurobindo Marg which is inside of AIIMS residential premises has been calculated as 300 mm dia which is based on data (w.r.t. population/number of houses) provided by the R.W.A of Green Park Extension. ii. The estimate for the work of laying of the proposed sewer line has been prepared by the officers of Delhi Jal Board which comes out to i.e.Rs.34,00,027/- and the same has been processed for seeking technical and administrative approval. iii. The layout plan of the proposed sewer line has been shared with AIIMS with a request to grant the permission to DJB to lay the proposed sewer line vide letter No. DJB/EL(D)-102/2025/1956 dated 22.07.2025[1] vi. Further, the case has been put up before the finance department of Delhi Jal Board for allocation of budget for the work. v. The Tender for this work will be floated after the budget is received from the finance department. vi. This work is likely to be completed within 60 days after the issue of Work Order, which is subject to the permission received from AIIMS.”
5. On a query from the Court, Mr. Pathak, ld. Counsel appearing for the AIIMS submits that he does not have instructions as to why AIIMS did not attend the said meeting. The DJB now requires permission of the AIIMS for laying the sewer line. Let this report be placed before AIIMS and the permission be communicated by it to the DJB within two weeks.
6. Mr. Deepak Bhatale, the concerned Superintending Engineer, AIIMS shall remain present in Court on the next date of hearing.
7. Mr. Mahesh Chand Saxena, who is an environmentalist, has placed his application on record, being C.M.Appl. 45271/2025, giving certain suggestions in respect of the manner in which storm water drains need to be opened up to ensure smooth flow of rain water in the Green Park Extension area. Photographs, which are annexed, would show that most of the storm water drains have been closed with pucca constructions upon them by residents with no means of having the drains cleaned or having water flow through the same.
8. Let the Municipal Corporation of Delhi (hereinafter ‘MCD’) and Public Works Department (hereinafter ‘PWD’) look into this application and file their replies in this regard within two weeks. The Residents Welfare Association of Green Park Extension represented through Ms. Neha Puri shall also file their affidavit in response to this application. Ms. Neha Puri shall be informed of today’s order both by the Petitioner as also by the Registry.
9. List on 19th August, 2025.
PRATHIBA M. SINGH JUDGE MANMEET PRITAM SINGH ARORA JUDGE JULY 28, 2025/dk/Ar.