Delhi High Court

Court On Its Own Motion vs Union Of India & Ors on 29 May, 2024

Author: Manmeet Pritam Singh Arora

Bench: Manmeet Pritam Singh Arora

$~18 and 19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7594/2018 & CM APPL. 30022/2018
COURT ON ITS OWN MOTION ..... Petitioner
Through:

versus

UNION OF INDIA & ORS ..... Respondent
Through: Mr. Ripu Daman Bhardwaj CGSC,
UOI with Mr. Kushagra Kumar and
Abhinav Bhardwaj, Advocates
Ms. Monika Arora with Mr.
Subhrodeep Saha, Advocates for UOI
Mr. Anuj Aggarwal, ASC, GNCTD
with Ms. Arshya Singh, Mr. Yash
Upadhyay and Mr. Siddhant Dutt,
Ms. Mahak Rankhawat, Advocates
with Mr. Naresh Kumar, Chief
Secretary, Delhi (through VC)
Ms. Rashmi Chopra with Mr.
Parikshit, Ms. Fiza Chopra and Mr.
Puneet Rathi, Advocates for DDA
Mr. Tushar Sannu, Ms. Kanika Singh
and Mr. Shobhan Sachdeva,
Advocates for NDMC
Ms. Puja Kalra, Standing Counsel,
MCD with Mr. Virendra Singh,
Advocate for MCD
Mr. Tarveen Singh Nanda and Mr.
Ankur Mishra, Advocates for Delhi
Cantonment Board
19
+ W.P.(C) 9617/2022
COURT ON ITS OWN MOTION ..... Petitioner
Through:

versus

Signature Not Verified
Digitally Signed W.P.(C) 7594/2018 and Anr. Page 1 of 6
By:Rashmi Dabas
Signing Date:26.05.2024
08:11:45
GOVT. OF NCT OF DELHI AND ORS ..... Respondent
Through: Mr. Anuj Aggarwal, ASC, GNCTD
with Ms. Arshya Singh, Mr. Yash
Upadhyay and Mr. Siddhant Dutt,
Ms. Mahak Rankhawat, Advocates
with Mr. Naresh Kumar, Chief
Secretary, Delhi (through VC)
Ms. Rashmi Chopra with Mr.
Parikshit, Ms. Fiza Chopra and Mr.
Puneet Rathi, Advocates for DDA
Ms. Sangeeta Bharti, Standing
Counsel, DJB with Ms. Malvi Balyan,
Advocate for R-9/DJB
Mr. Tarveen Singh Nanda and Mr.
Ankur Mishra, Advocates for Delhi
Cantonment Board
Mr. Ripu Daman Bhardwaj CGSC,
UOI with Mr. Kushagra Kumar and
Abhinav Bhardwaj, Advocates
% Date of Decision: 29th May, 2024
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT

MANMOHAN, ACJ: (ORAL)

1. The Chief Secretary and other high-ranking officials of GNCTD have joined the proceedings through audio video link. The first compliance report dated 23rd May, 2024 in terms of this Court's order dated 8 th April, 2024 has been filed on record.

2. The Chief Secretary has taken us through the Action Taken Report ('ATR') for the month of April, 2024 filed with the status report dated 23 rd

May, 2024. He states that the I&FC1 Department has been identified as the 'one single department' entrusted with the responsibility, management and operations of the 22 open drains, which are out-falling in river Yamuna vide office order dated 29th April, 2024. He states that with respect to seven action points set out by the Court in its order dated 8 th April, 2024, GNCTD has been able to achieve satisfactory progress and these points find mention in the ATR filed as Annexure-R-2. He states that, however, for five other action points directed by this Court, the progress has been slow. He, however, assures that steps will be taken to achieve timely progress in these areas as well before the next date of hearing.

3. The summary of the satisfactory progress for seven action points and dissatisfactory progress for five action points has been summarized by learned Standing counsel for GNCTD, which reads as under:-

"I. Action points with timeline of April, 2024: 1 action point Completed Identification of one single department/agency - I&FC Department as one single department/agency vide order dated 29.04.2024

I. Action points with timeline of May, 2024: 12 Action points

1. Satisfactory progress - 7 Action points Sl No Action Point Progress Para No. of S.No. of Hon'ble Monthly H.C order ATR submitted as Annexure-R

-2

1. Submission of report for the 1646 recharge pits 19(3) 17(a) creation of RWH systems / constructed, pits in low lying areas - further low lying DJB areas been assessed

2. Installation of biogas plant Action Completed. 29 26 near all the nine authorised Timelines dairies-MCD submitted. 4 Plants

Irrigation and Flood Control

catering to 7 diaries will be installed by March 2025 (including one by July 2024).

No cattle in Gharoli diary.

3. Mechanism for seamless Completed. DDA , 31 27(a) coordination in place for NMCG and I&FC dredging-DDA met for coordination purposes and Action Plan being prepared for dredging of the river.

4. Submission of Action Taken Completed. 32 28(a) Report on increasing Capacity 667 existing capacity of STPs MGD - 712 MGD from 667 MGD to 964.5 Now (Treatment MGD-DJB 565 MGD - 610 MGD Now).

Timeline for 964.5 MGD : Dec, 2026

5. Submission of Action Taken 12 Joint teams 35(1) 31 Report and an Action Plan from DPCC, on unauthorized polluting BSES, DJB, etc industries-MCD constituted to carry out survey of illegal industrial units and all such units are sealed as well as electricity and water connections are disconnected on the spot. (140 dyeing units sealed)

6. Submission of action taken Submitted. 43(2) 34 report for the remaining One completed.

                                               three major water-logging    (Karala
                                               points-PWD                   Kanjhawala )
                                                                            One 98%
                                                                            completed/
                                                                            Timeline 31 May.
                                                                            (Loni Road
                                                                            Golchakkar)
                                                                            One desilting
                                                                            started -
                                                                            cooperation









                                                                                requested from
                                                                               railways (Zakhira
                                                                               Flyover)

                                       7.      Submission of Action Taken      Submitted.            45(3)           35(d)
                                               Report for setting up of a      Under process of
                                               robust parameters               procurement of
                                               monitoring system for           on-line monitoring
                                               monitoring of above             systems (OLMS).
                                               mentioned data on real-time     Public dashboard
                                               basis-DPCC                      in process

2. Dissatisfactory progress - 5 Action Points Sl No Action Point Progress Para No. of S.No. of Monthly Hon'ble ATR submitted as H.C order Annexure-R-2

1. Submission of 3 drains being 14(3) 5(a) report including assessed by IFCD. assessment of 19 drains being quantity of silt in handed over to twenty-two (22) single agency i.e. drains - IFCD IFCD by 31st May.

Followed by Assessment.

geo-referencing for ground truthing of remaining 1023 236 completed water bodies - REV Fresh deadlines prayed for: 30 June

estimates for rejuvenation of water bodies, after ground truthing -

PWD + REV

4. Submission of Short Term 43(1) 33(a) action taken report measures at 47 and action plan on locations, and 105 remaining Long Term water logging Measures at 55 locations reported locations by Traffic Police in completed.

                                                2022 - PWD             Long Term
                                                                       measures are in
                                                                       progress at 49
                                                                       more locations.

                                       5.       Submission of          129 locations -       43(1)           33(b)
                                                action taken report    short term

and an action plan measures on 200 water completed.

                                                  logging locations    16 locations - long
                                                  reported by the      term measures
                                                  Delhi Traffic        completed
                                                  Police in            21 remaining
                                                  2023.-PWD            locations - in
                                                                       progress

4. The Chief Secretary states that an updated status report shall be filed before the next date of hearing and assures this Court that the IDMC2 is consciously taking steps to implement the directions passed by this Court.

5. During the hearing, the Chief Secretary has been asked to take note of the newspaper reports pertaining to drying up of Lake Bhalaswa and threat of encroachment in the said area. The said issue would stand covered by paragraph 16.1 of this Court's order dated 8 th April, 2024 and IDMC is directed to take appropriate steps to protect and rejuvenate the said water body.

6. The learned Standing Counsel for GNCTD is directed to ensure that the Action Taken Report for the months of May as well as June, 2024 is filed three days prior to the next date of hearing.

7. List on 22nd July, 2024.

ACTING CHIEF JUSTICE

MANMEET PRITAM SINGH ARORA, J MAY 29, 2024/mr/ms

Integrated Drain Management Cell