Full Text
HIGH COURT OF DELHI
W.P.(C) 8489/2024 & CM APPLs.34941/2024, 63347/2024 &
12263/2025
Date of Decision: 22nd May, 2025 KRISHAN KUMAR & ORS .....Petitioners
Through: Ms. Adyasha Nanda, Advocates.
(M:9668635939)
Through: Mr. Raghvendra Upadhyay, Ms. Purnima Jain and Mr. Vaibhav Tripathi, Advs. for R-2 to 4
Mr. Mukesh Meena (Chief Engineer PWD), Mr. Bichittar Singh (EE
PWD), Mr. Kuldeep Kumar Singh, Project In-charge (Kaluwala
Construction Pvt. Ltd.)
(M:9818720615)
Mr. Hilal Haider & Ms. Neha Tiwari, Advs.
Prathiba M. Singh, J. (Oral)
JUDGMENT
1. This hearing has been done through hybrid mode.
2. The present writ petition relates to flooding, water logging and drainage issues in the Mundka village area on account of torrential rains. On behalf of Respondents No.2 – 4, on 6th December, 2024, it was submitted that the solution in the flooding and water logging in the Mundka area would be to construct proper drains on both sides of the Rohtak road. In view thereof, the Court, vide order dated 6th December, 2024, had directed tenders to be issued for construction of said drains.
3. On the previous hearing i.e., 21st January, 2025 upon querying as to the progress of the construction of drains, the Court was informed that the tenders were issued and awarded to M/s Kaluwala Constructions Ltd. However, it was also informed that pipes and various other services of service providers such as BSES, DJB, IGL, TPDDL, DTL,MTNL and DMRC have not yet been shifted. In view thereof the Court had directed as under:
4. On the said hearing another grievance raised was that the roads are being elevated to such a height that the homes and the floors of the homes are substantially below the roads. This manner of construction leads to more flooding. In view there of the Courts had directed as under:
January, 2025. The local Resident Welfare Association shall be represented by 10 persons only and not more. The concerned Engineer shall also be accompanied by any other members of his team as may be required to inspect the area as well..”
5. Mr. Mukesh Meena, Chief Engineer, PWD is present today in Court. and has given a chart showing the progress of work. The said chart is set out below: SI.No. Drain portion Rafts slab (in Mtr.) Walls (in Mtr.) Top slab (in Mtr.) Remarks
1. From KSN drain (LHS) towards Sukhi Nehar (Metro Pillar No. 460) 600 m 600 m 600 m
2. From KSN drain (RHS) towards Sukhi Nehar (Metro Pillar No. 460) 600 m 600 m 500 m for rest portion shuttering in progress
3. From Sukhi Nehar (Metro Pillar No. 460) to Hiran Kudna drain (Metro Pillar No. 495) (LHS) 900 m 900 m 850 m for rest portion in progress
4. From Sukhi Nehar (Metro Pillar No. 460) to Hiran Kudna drain (Metro Pillar No. 475) (RHS) 400 m 400 m 250 m for rest portion in progress
5. From Sukhi Nehar to Hiran Kudna (Metro Pillar No. 480 to Metro Pillar No. 490) (RHS) 270 m 270 m 100 m for rest portion in progress
6. From Sukhi Nehar to Hiran Kudna ( Metro Pillar No. 545 to Metro Pillar No. 570) (RHS) 550 m 550 m 150 m for rest portion in progress
7. From Hiran Kudna drain (Metro Pillar No. 626) LHS towards Tikri Border Metro Pillar No. 627 to 300 m 300 m 300 m Excavation work has been done upto 500 metre
8. From Hiran Kudna drain (Metro Pillar No. 626) LHS towards Mundka Metro Pillar No. 625 to 800 m 800 m 500 m Excavation work has been done upto 850 metre
6. In addition, he has also placed on record, certain photographs showing the manner in which the work is being carried out. However, insofar as the direction to provide timelines is concerned he submits that due to the various gas, water and electricity pipelines that run across the road, the exact timeline for shifting and constructing the drain cannot be ascertained at this stage. However, he submits that the intention is to complete this project by early-
2026.
7. Mr. Kuldeep Kumar Singh, Project In-Charge from the Contractor’s side is also present and it is his submission that whatever pipes etc. are being laid by various authorities, there is cooperation being extended by the said authorities including BSES, DJB, IGL etc. However, the progress is a little slow in view of the fact that there are pipes coming in the way of building of the drain but he has assured the Court that there is sufficient cooperation from the said agencies.
8. Insofar as the drain is concerned, ld. Counsel for the Petitioner submits that in some areas, the drain is not in a straight manner due to unauthorised encroachment etc., To the maximum extent, it shall be ensured that the drain flows smoothly without any impediment and obstructions. Let a further progress report be filed by the next date of hearing.
9. Mr. Meena is permitted to join the Court proceedings virtually whenever required. The Executive Engineer and the Project In-Charge shall, however, remain present.
10. Insofar as the construction of roads is concerned, the Court is informed that the meeting, in terms of the directions vide the order dated 21st January, 2025 was held and the relevant portion of the minutes of meeting has recorded as under:- “Shri Diwan Singh, representative of local village RWA, raised the issue that due to the construction of North Side Phirni road by I&FC Department the properties adjacent to the Phirni road have gone to a substantially lower level. EE (I&FC) stated that most of the properties are have not gone to the lower level than the constructed road and also shared the recent photographs of the road and properties to prove the point. Shri Diwan Singh requested for a site visit of North Side Phirni road to address the level issues in the portion of the road under construction. CE(I&FC) and the team of officers alongwith the residents who attended the interaction proceeded for the site visit. The first point of visit was the MCD culvert across the Mundka-Karala Road (Rani Khera Road). Shri Vijay Maan and Shri Sunil Kumar Saini from local village RWA, raised the issue regarding blockage of the culvert which is obstructing the flow leading to heading up of side drains on North Side Phirni road. CE (I&FC) directed to refer the matter to road owning agency i.e. MCD for taking proper action in the matter. Shri Vijay Maan and Shri Sunil Kumar Saini from local Village RWA, also showed the dilapidated condition of road and side drains (which are silted up) from MCD Culvert on Mundka-Karala road towards road opposite Metro Yard and stressed on the importance of development work on this road. CE (I&FC) directed to refer to the matter to road owning agency i.e. DDA for taking proper action in the matter. The Department Officials and the residents further proceeded towards North side Phirni road (in the portion where road is yet to be constructed). Shri Diwan Singh submitted that the level of road to be constructed should be kept below the adjoining streets from Friends Enclave to ensure proper drainage. SE(I&FC) explained that keeping in view the work already executed, the concern put forth by Shri Diwan Singh will be looked into in further execution of works on the Phirni road and the feasible level of roads and side drains to ensure smooth drainage will be considered in larger public interest. CE(I&FC) concluded that the matter pertaining to other department should be referred to them for necessary action. Further directed SE (I&FC) to ensure, as per feasibility, level of remaining portion of Phirni road under construction, to be constructed addressing the concern of lower of road level to the extent possible viz a viz surrounding colony roads and side drain of Phirni to be provided to ensure free flow of drainage and bed level of out falling drain should be lower than upstream bed and same should be informed to the representative of village before further execution of said works.”
11. In view thereof, let the Irrigation and Flood Control Department and the Municipal Corporation of Delhi file an affidavit in respect of the road construction in the area bearing in mind the fact that the level of roads is not lower than the level of houses and it does not result in greater inconvenience to the residents.
12. The Project In-Charge from the Contractor’s side has made complaints about the payments not being released by the PWD. Mr. Meena assures the Court that the payments will be released by the end of next week.
13. List on 22nd August, 2025.
PRATHIBA M. SINGH, J. MANMEET PRITAM SINGH ARORA, J. MAY 22, 2025 kk/Ar.