Open drain ‘serious safety hazard’: Delhi High Court tells MCD to fix it now

Last week, a 15-year old boy fell into an open drain in Southeast Delhi’s Jasola while trying to catch a kite on his way to school. His body was recovered four days later, on August 24, 500 metres away.

Orders issued in March

In March, the bench had directed the MCD to create a separator wall between the drain and the road in Okhla, which has vehicular movement.

The direction had come after it took cognizance of a newspaper report flagging how a key road in Shaheen Bagh, Okhla, had turned into open sewer.

The court had also directed the MCD to install reflectors and some lights so that the open drain along Abul Fazal Enclave in Okhla would be visible to passersby and drivers.

What the MCD told the court

Earlier this week, the MCD told the court that while reflectors and lights have been installed, the construction of the separator wall requires a ‘No Objection Certificate’ (NOC) from the Uttar Pradesh Irrigation Department, which has not been granted yet. The UP Irrigation Department sought 10 days to issue the NOC.

The bench, on August 24, directed, “Considering the danger that the drain could pose to local residents, this court directs the MCD to immediately construct the separator wall and put slabs covering the open drain, without awaiting any further ‘No Objection Certificate’ from the Uttar Pradesh Irrigation Department…”

It also directed MCD to “undertake continuous desilting of the drain and cleaning of the area, since photographs placed on record depict that there is a large quantity of litter and garbage… in and around the drain.”

Civic bodies repeat offender

In August 2024, the MCD had faced the High Court’s ire after a woman and her three-year-old son drowned when they fell into a 15-foot-deep open drain during the monsoon.

The court had lambasted the MCD for failing to barricade open drains.

A division bench, headed by then acting CJ Manmohan (now Supreme Court judge), had at the time remarked, “Senior officers of the MCD think doing work is a crime… there is a limit to negligence… it is a fit case for us to recommend the government to dissolve MCD.”

The court had also slammed the Delhi Development Authority (DDA) and the MCD for not taking accountability in the matter.

The DDA had contended that while the bodies were found in a drain that falls under its jurisdiction, they fell in the drain under the MCD’s jurisdiction.

A police probe had found that the open drain was in the jurisdiction of the DDA.

The HC had disposed of the petition after the DDA had agreed to pay Rs 20 lakh as compensation to the next of kin – husband – of the deceased.