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The court expressed disbelief at the state of the drain, asserting that the waste had accumulated over years, not just days. It further criticized the MCD for ineffective supervision and failure to hold officials accountable, warning that another tragedy could occur if the area remained unbarricaded during the ongoing monsoon season.
The Delhi High Court, on Tuesday, reprimanded the Municipal Corporation of Delhi (MCD) over an unbarricaded and dirty drain in Gazipur, which caused the death of a mother and her 3-year-old child. The incident occurred on July 31, when the mother and son drowned in a partially open, under-construction drain on a waterlogged street following heavy rains in Ghazipur.
The bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela termed the incident a ‘shocking state of affairs’, highlighting the failure of senior civic body officials to fulfill their supervisory duties.
The Delhi Development Authority (DDA) clarified that the incident took place in a section of the drain under MCD’s jurisdiction for over a year. The court, after reviewing photographs, admonished, Advocate Manu Chaturvedi who was representing MCD, noting the absence of barricades and the long-neglected cleanliness of the drain. Despite Advocate Chaturvedi’s assertion that the drain was being covered and cleaned daily, the court pointed out that the presence of debris indicated otherwise.
The court also questioned the Delhi Police about their investigation into the incident, emphasizing the need for thoroughness and proper documentation. It directed the concerned Investigation Officer (IO) and the MCD Deputy Commissioner to appear in court post-lunch, hinting at possible suspensions of senior officials.
Advocate Chaturvedi admitted that the area had not been barricaded previously but assured that it would be within 2-3 days. The MCD official explained that the site’s condition was worse when handed over in October last year, prompting a cleaning proposal. However, the court criticized the lack of action against illegal dumping and the poor state of cleanliness.
The Delhi Police informed the court that a crime team had inspected the site and registered an FIR based on an eyewitness account. Notices were sent to DDA and MCD, and liability would be determined after responses were received. The court directed the Delhi Police to charge erring officials with criminal negligence and instructed the MCD to immediately clean and barricade the drain.
The matter is scheduled for further hearing on August 22, with directives for the Delhi Police and MCD to submit status reports within ten days. The plea calls for action against DDA officials for negligence and seeks a comprehensive audit of ongoing drain construction projects to ensure proper safety measures are in place.
Case Title: Jhunnu Lal Srivastava v DDA
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