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HIGH COURT OF DELHI
Date of Decision: 26th May, 2025
MAHARANI BAGH CO-OPERATIVE HOUSE BUILDING AND
WELFARE SOCIETY LTD., & ANR. ..... Petitioners
Through: Mr. A.N. Haksar, Senior Advocate
Through: Mr. Amit Gupta & Mr. Vidur Dwivedi, Advs. For UOI.
Mr. Tushar Sannu Dahiya, Mr. Aman Kumar & Mr. Shivam, Advs. for
MCD. (M:9582997768)
Ms. Prabhsahay Kaur (Standing Counsel DDA)
Kakar (Panel Lawyer, DDA), Mr. Aditya Verma, Ms. Kavya Shukla, Mr. Rashneet Singh
Mr. Durga Prasad (Executive Engineer), Mr. Nipun Kumar (AE), Mr. Vinay Rawal (SO), Mr. Sukhdev Singh (AD), Mr. Vishnu Kumar JSA
PM-UDAY, Mr. Vimal Kumar JSA PM-UDAY.
Mr. Dhruv Rohatgi, Mrs. Chandrika Sachdev & Mr. Dhruv Kumar, Advs.
For GNCTD.
Mr. Ripudaman Bhardwaj CGSC
Rana Advs. Mr. Tarveen Singh Nanda, Adv. For Delhi Cantonment Board.
JUDGMENT
1 WITH + W.P.(C) 5950/2025 & CMs 27263/2025 SURENDER SINGH & ORS...... Petitioners Through: Mr. A.N. Haksar, Senior Advocate with Mr. Udayan Jain, Mr. Ranjan Mishra, Mr. Harsh Jaiswal, Advocates versus UNION OF INDIA& ORS...... Respondents Through: Mr. Tushar Sannu Dahiya, Mr. Aman Kumar & Mr. Shivam, Advs. for MCD. (M:9582997768) Ms. Prabhsahay Kaur (Standing Counsel DDA) with Ms. Deeksha L. Kakar (Panel Lawyer, DDA), Mr. Aditya Verma, Ms. Kavya Shukla, Mr. Rashneet Singh with Officers Present: Mr. Durga Prasad (Executive Engineer), Mr. Nipun Kumar (AE), Mr. Vinay Rawal (SO), Mr. Sukhdev Singh (AD), Mr. Vishnu Kumar JSA PM-UDAY, Mr. Vimal Kumar JSA PM-UDAY. Mr. Gautam Dhamija, Adv. for Delhi Jal Board/R-5. (M:98998 09187) Mr. Ajay Arora, Senior Advocate with Mr. Tushar Sannu Advocate for MCD. Mr. Anuj Chaturvedi, Ms. Richa Dhawan & Ms. Harshita Maheshwari, Advs. for DUSIB. Mr. Farman Ali, SPC. WITH + W.P.(C) 10480/2024 & CM APPL. 43099/2024 AMITA SACHDEVA & ANR...... Petitioners Through: Ms. Amita Sachdeva, Adv. for P-1.
VERSUS
GOVT.
OF NCT OF DELHI AND ORS..... Respondents Through: Ms Latika Malhotra, Adv. for DDA. (M:9811895162) Mr. Siddhant nath (Standing Counsel for MCD) Mr. Bhavishya Makhija, Mr.Aman Khan Adv. Ms. Pratima Lakra, CGSC with Mr. Shailendra Kumar Mishra, Advs. 6 WITH + W.P.(C) 15399/2024 & CM APPL. 4918/2025, CM APPL. 8786/2025 SHAILENDRA BHATNAGAR..... Petitioners Through: Mr. Pranav Raj Singh & Mr. Sambhav Jain, Advs.
VERSUS
GOVT.
OF NCT OF DELHI AND ORS..... Respondents Through: Mr. Shailendra Bhatnagar, Adv. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MANMEET PRITAM SINGH ARORA Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode. W.P.(C) 13190/2024 & CMs APPLs.22480/2025, 22481/2025, 22482/2025 Taimoor Nagar Drain
2. Vide order dated 28th February, 2025, this Court had empowered and directed the Special Task Force (hereinafter ‘STF’), to remove all illegal encroachments and constructions, including the five storey building, that are obstructing the natural flow of the Taimoor drain (hereinafter ‘the drain’). Further vide the subsequent order dated 28th April, 2025, the demolition drive of encroaching structures were fixed to start on 5th May, 2025. However, today, it is the contention of Mr. A.N.Hakser ld. Senior Counsel appearing for the Petitioners in W.P.(C) 13190/2024, that the five-storey building remains standing and continues to be occupied by residents.
3. In this regard, Ms. Prabhsahay Kaur, ld. Standing Counsel submits on behalf of the Delhi Development Authority (hereinafter ‘DDA’) that the demolition drive had to be carried out in three phases. The first and the second phase are complete and about 90 structures have been demolished. In the third phase, the demolition of 5 five-storied buildings and 1 three storied building is to take place. The said categorisation is stated to have been made considering the fact that the demolition of the said structures are to be done in a controlled manner.
4. Elaborating on this aspect, Ms. Kaur, submits that given the size and scale of the structures, and the fact that some of these illegal constructions share common walls with adjoining buildings, the demolition is to be conducted in a manner that ensures the safety of the adjoining structures as well as the drain itself. She further submits that, in light of the specialised nature of the work involved herein, a tender has been floated, and the same is scheduled to be opened on 28th May, 2025. Upon finalisation, the demolition work is proposed to commence on 10th June, 2025 and is expected to be completed by 30th June, 2025.
5. Parallelly, Mr. Haksar, ld. Senior Counsel submits that pursuant to the directions in order dated 28th April, 2025, the joint inspection was conducted in his presence and he affirms that the drain is getting cleaned. However, it is his grievance that the garbage is again being thrown into the drain on a daily basis leading to congestion in the drain. He places reliance on photographs that are placed on record.
6. On behalf of the Municipal Corporation of Delhi (hereinafter ‘MCD’), ld. Senior Counsel submits that the budget approval for construction of Fixed Compactor Transfer Station (hereinafter ‘FCTS’) has already been granted. In the next ten days, the construction of the same shall commence by 15th June,
2025.
7. Heard the parties. Insofar as the demolitions are concerned, there were several structures which were blocking the drain which were completely unauthorised. The said structures were encroachments and were impeding the flow of the drain as well. Accordingly, the court had directed demolition of the unauthorised and encroaching structures vide orders dated 17th April, 2025 and 28th April, 2025. The said order was challenged by some of the occupants. Vide order dated 02nd May, 2025 the Supreme Court has dismissed the SLP in the following terms:
Thus, the demolition and expansion of the Drain has to continue in right earnest.
8. Insofar as cleaning is concerned, the Court has also perused the photographs placed on record by Petitioners as well as DDA. A perusal of the same makes it clear that the cleaning of the drain must be undertaken as a continuous exercise, with operations being carried out at least twice daily – in the morning and evening. This direction becomes necessary in view of the ongoing cleaning of parallel drains across the city, as well as the debris and malba accumulating in the vicinity of the drain due to the demolition of encroachments currently underway.
9. It is made clear that the cleaning of the garbage in the vicinity of the drain, shall be the responsibility of the MCD. The concerned Deputy Commissioner, MCD of the area shall be responsible for the said cleaning work. Insofar as cleaning of the drain to ensure water flow is concerned, the same shall be the responsibility of the DDA. Upon the demolition by DDA being concluded, the debris and all the concrete, etc. shall all be removed and the construction of the drain shall also be completed in an expedited manner.
10. Some photographs have been placed by the STF to show how the construction of the boundary wall has also commenced parallelly. A perusal of the said photographs would also show that a substantial work of the construction is remaining.
11. In light of the foregoing submissions, it is clarified that all three tasks shall proceed simultaneously, without any one job being contingent upon the completion of the other, particularly in view of the imminent onset of the monsoons. The said three tasks are: i) Daily lifting and management of the garbage by the MCD and regular cleaning of the drain by the DDA; ii) Parallel construction of the drain and boundary wall except in the place where the demolition has to take place. Post demolition completion of the drain; iii) Removal of malba and demolition of the remaining structures in phase three of the demolition by DDA.
12. The Court has also seen some photographs which show that temporary planks have been put across the drain to enable people to move on the same. Such planks would not be permitted as it may be a safety hazard for the residents of the area as well or for the persons walking on the plank. Therefore, DDA shall remove such planks that are presently placed across the drains.
13. The Chairperson, STF - Mr. Anil Kumar has assured the Court that continuous meetings are taking place between the agencies for all necessary purposes. The Chairperson has highlighted the fact that though the widening of the drain would be continued, the removal of the malba on the sides would take some time. However, the DDA has assured that the malba would also be removed on a continuous basis.
14. During the month of June, 2025, owing to the partially working Court days, let meetings be continuously held including with the residents on every Friday at about 12 noon in the Maharani Bagh Community Centre, New Delhi.
15. It is further contended by the DDA that Delhi Jal Board (hereinafter ‘DJB’) has not sanctioned the funds for shifting the water pipeline in terms of the directions in order dated 28th April, 2025 and this could cause delay in the progress of clearing the drain. Upon a query from the Court, ld. Counsel for the DJB assures the Court that there was a fund crunch due to which the pipe could not be shifted. However, he informs that, now the budget is in the process of approval.
16. In order to ensure that moving of the pipe does not become an impediment in the clearing/widening of the drain, let a joint meeting with ● Chief Executive Officer, DJB ● Secretary, Finance, GNCTD and ● a responsible official from Finance Department, DJB be held in the office of either Secretary, Finance, GNCTD or Chief Executive Officer, DJB on 30th May, 2025 to expedite the process of sanction of funds. The DJB shall ensure that the movement of the pipeline starts immediately. Drain in Delhi Cantonment Area
17. This Court takes judicial notice of a report in the Hindustan Times today i.e., 26th May 2025, wherein it states that over 3,000 soldiers of the Rajputana Rifles have to pass through a drain which is foul smelling and filthy when they move out of their barracks and go to the parade ground. The soldiers are required to pass through this culvert four times a day and the said drain is stated to be flooded and is slick with sludge and sometimes near waistdeep in places. The said article is extracted below:
18. This Court has, in this petition, given directions from time to time for cleaning of various drains within Delhi since 2024. This particular story relating to the soldiers who have to march through this drain is indeed an unacceptable situation. The report states that a bridge was requested but has not yet been built.
19. The Nominated Counsel for the Delhi Cantonment Board is present in the Court today and has been requested to accept the notice.
20. Let Delhi Cantonment Board file a brief status report by Thursday i.e., 29th May, 2025 in this regard.
21. List all these matters on 29th May, 2025.
PRATHIBA M. SINGH, J. MANMEET PRITAM SINGH ARORA, J. MAY 26, 2025/Rahul/Ar.