[Issue of Waterlogging] High Court Asks Chief Secy & Principal Finance Secy of Delhi Govt to be present on next hearing

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Synopsis

The Delhi government officials have been directed to give a short presentation as to how they intend to tackle the issue of water logging and as to whether the drainage master plan has been prepared and whether the same is being implemented

While dealing with a suo moto plea on the "absolutely pathetic" state of the drainage system in the national capital, a division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora of the Delhi High Court on Tuesday asked the Chief Secretary of Delhi Government and Principal Secretary of Finance to be present on the next hearing.

"The Chief Secretary of the Delhi Government, GNCTD, as well as the Principal Secretary of Finance, are requested to join the proceedings on the next date of hearing through video conferencing. On the said date of hearing, they'll give a short presentation as to how they intend to tackle the issue of water logging and as to whether the drainage master plan has been prepared and whether the same is being implemented...We'll have it after January 26. The Chief Secretary will be at liberty to convene a meeting of the integrated drain management cell prior to the next date of hearing," the court ordered.

The matter has been scheduled for further consideration on January 30, 2024 at 2:15 p.m.

Notably, on Wednesday last week, the bench had expressed strong dissatisfaction with the "absolutely pathetic" state of the drainage system in the national capital, calling on authorities to address the pressing issue of waterlogging urgently.

The court had emphasized the dire condition of the drainage system, noting instances of collapse and severe waterlogging in new construction areas.

The bench had conveyed their frustration during the hearing of two suo motu petitions on the waterlogging problem in Delhi and the issues related to rainwater harvesting and traffic congestion during monsoons and other periods.

Referring to an underpass near Bharat Mandapam, the court had questioned the effectiveness of the drainage system and criticized the authorities for the collapse of the infrastructure.

Justice Manmohan had remarked, "The drainage system is in a very bad state of affairs. It had totally collapsed. Do we have a drainage system in Delhi or we don't have it? It is absolutely pathetic. Look at the new areas which have been set up. The new construction gets flooded today."

Highlighting instances of waterlogging in Delhi, the court had illustrated the severity of the problem, including snakes entering residences and fish found in drawing rooms during monsoons.

The bench had also expressed dismay at the broken sewage lines at various locations, including the ITO, near the Delhi Zoo, and the high court. It urged authorities to treat the situation as a wake-up call and commence immediate action, cautioning against waiting until April or the monsoon season.

The judges had emphasized the agencies' apparent lack of accountability, stating, "To put it mildly, things are very, very bad, and you agencies cannot be tamed by anyone."

Criticizing the absence of a comprehensive, verified plan for the drainage system, the court had pointed out the recurring issue of Minto Bridge in Central Delhi being submerged in water each monsoon.

The bench had demanded clarity on instructions for drain maintenance, expressing frustration with the practice of sweepers dumping garbage into drains.

The court had then directed the authorities to seek instructions on the matter and also asked the counsels representing the agencies to engage in a "brainstorming session" with the authorities to devise practical solutions.

The respondents involved in the petitions include the Centre, Delhi government, Delhi Development Authority, Municipal Corporation of Delhi, Delhi Police, Public Works Department, Delhi Jal Board, Delhi Cantonment Board, New Delhi Municipal Council, and the Flood Irrigation Department.

Case Title: Court on its own motion v. Union of India and Ors.