Delhi High Court issues directions to manage waterlogging, flooding: ‘Need for unified and centralised command imperative’

Among the various directions passed a division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora ordered the Delhi Government to finalise the Detailed Project Report (DPR) of the Drainage Management Plan (DMPs) for all the basins by September 15. It also directed the government to take administrative decisions on such DPRs by November 30 for initiating implementation on or before December 31.

The bench said the management of drains by multiple agencies leads to a “blame game” wherein one agency accuses others of a shortfall in undertaking management activities.“The city and its citizenry wait with apprehension when monsoons are approaching due to this mismanagement of drains while the administrative agencies have been adopting an ostrich-like approach wishing the flooding won’t happen. There is a need for a vision by the administrators to manage the present needs and anticipate the future,” the court said.

The bench also took ‘judicial notice’ of the flooding of the carriageway and bungalows in the High Court pool at Purana Quila Road and Mathura Road in the 2023 monsoon. The bench also noted that a stormwater drain from India Gate to Yamuna River (passing through Purana Quila Road) was flooded during the 2023 monsoons as well as the newly built tunnel connecting to Bharat Mandapam on the Purana Quila Road, which is maintained by Larsen and Toubro under the supervision of PWD, “was also flooded and closed for traffic during the said period”.

“There is no dispute that multiplicity of authorities has resulted in mismanagement of drains. All such drains finally outfall in the river Yamuna, in the process, not only polluting it but ultimately making the people of Delhi suffer,” the bench underscored.

The bench thereafter directed the Delhi Government to assign the responsibility of management and operations of all 22 open drains, which are outfalling in the Yamuna, to one department or agency. The bench asked the government to identify such a department or agency and issue orders by April 30. “The need for a unified and centralised command is imperative and is hereby directed,” the bench said.

On the rejuvenation of water bodies, the bench directed the government to ensure that estimates for the rejuvenation after ground truthing shall be prepared by May 30 and these rejuvenated bodies remain encroachment-free. The bench also directed the Delhi Development Authority (DDA) to ensure the removal of encroachments from the Yamuna River Flood Plains in coordination with all agencies concerned, and asked the Delhi Police to provide necessary force to the DDA as and when requested.

It also directed the DDA to submit an action-taken report on the development of “ten biodiversity parks/wetland areas” in the Yamuna River Flood Plain including an action plan with timelines for the completion of pending projects.

“A large number of religious devotees pray at different locations, discharging solid waste in the river water, adding to an already serious problem. Recognising this need of the residents of the State, DDA should construct (a) select number of ghats or platforms on stilts along the riverbank, for such purposes to ensure that the devotees get space and the authorities are able to deal with the challenge of waste scientifically,” the court said.

The court also said the DDA will ensure the removal of construction waste or debris from the Yamuna accumulated during the construction of bridges, rail lines, metro lines, regional rail networks, etc. It also asked the Delhi Government, DDA and all other agencies concerned to undertake a third-party audit by the Centre or State Government or their PSUs and agencies of all the works carried out in compliance with the court’s directions.

The matter is now listed on May 20.