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2026 Supreme(Online)(Del) 17867
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, Manmeet Pritam Singh Arora, JJ
Court on its own motion – Appellant
Versus
Union of India – Respondent
W.P.(C) 7594/2018 | W.P.(C) 9617/2022
For the Appellants/Petitioners:
For the Respondents: Ripudaman Bhardwaj, Kushagra Kansal, Amit Kumar Rana, Rajesh Yadav, V P Rana, Subhashhand Budhiraja, Rajender Parrasad Jain, Prabhsahay Kaur, Deeksha L. Kakar, Aditya Verma, Sana Parveen, Nakul, Pratima N Lakra, Shailendra Kumar Mishra, Biraja Mahapatra, Abhay Singh, Dinesh Jindal, Sanjeev Kumar Dubey, Yamini Sharma, Shah Rukh Khan, Meghaa Wadera, Ghanender Singh, Varsha Banerjee, Arjun Katyal, Mahipal Singh, Ayushi Musra, Deevanshu Sharma, Kapil Midha, Tushar Sannu, Rajbala, Payal Rajput, VK singh, Manish Rajpa, Astik Jha, Rajeev Narang, Gaurav Kumar, Deepak Rohila, Dhruv Rohatgi, Chandrika Sachdeva, Dhruv Kumar, Vivek Kumar Tandon, Nishi, Shashi Pratap Singh, Anamika Tyagi, Laqshyaa Saluja, Sulakshna Kholia
The Court prioritized public safety and environmental protection over administrative formalities, directing immediate infrastructure work on drains and urging a pragmatic approach to urban planning in old industrial clusters to prevent pollution.
Headnote:(A) Public Safety and Infrastructure - Open Drains - Construction of separator walls and covering of drains to prevent safety hazards for residents and commuters takes precedence over administrative No Objection Certificates (NOCs) from other state departments. (Para 9)
(B) Environmental Protection - Sewage Treatment Plants (STPs) - Upgradation and augmentation of STPs to meet NGT standards and ensuring treated water does not mix with untreated sewage to prevent river pollution. (Para 17, 23)
(C) Urban Planning - Non-conforming Industrial Areas - Application of Master Plan norms - DDA must adopt a pragmatic approach when dealing with old industrial clusters; enforcing new Master Plan conditions on existing infrastructure-deficient areas is impractical. (Para 28)
Issues: Whether the MCD can proceed with drain safety works without an NOC and how to resolve infrastructure delays in non-conforming industrial areas.
1. This hearing has been done through hybrid mode.
Issue of Waterlogging in the Okhla Area i.e., Abul Fazal Drain (Re:e-newspaper report dated 7th January, 2026)
2. On 28th March, 2026, this Court had directed the Municipal Corporation of Delhi (hereinafter, ‘MCD’) to create a separator wall between the drain and the road which has vehicular movement. It was also directed that reflectors and some lights be installed so that the drain would be visible to passers-by and drivers. The relevant portion of the said order reads as under:
“4. Accordingly, Mr. Sannu, ld. Counsel for the MCD has assured the Court that some kind of separator wall would be created between the drain and the road on which vehicular movement is there.
5. In addition, MCD shall ensure that the area is not dark and is visible as a drain in the evening times. Some reflectors and some lights should be installed in this area so that the drain becomes visible to passersby and drivers.”
3. Mr. Amit Mittal, Senior Assistant (Legal) from the Uttar Pradesh Irrigation Department is present. Insofar as the extension of the Abul Fazal Drain is concerned, Mr. Anil Mittal, ld. Counsel for the Uttar Pradesh Irrigation Department submits that the sanction for the extension of the said drain has already been applied for with the Namami Gange Authority (National Mission for Clean Ganga-NMCG) and is likely to be issued soon. Ld. Counsel further submits that by 15th September, 2026, the Uttar Pradesh Irrigation Department intends to start the work for the extension of the Abul Fazal Drain. The NMCG shall consider the application for the extension of the Abul Fazal Drain and communicate the decision at the earliest.
4. Insofar as the creation of a separator wall and the installation of reflectors is concerned, ld. Counsel appearing for the MCD submits that the reflectors and lights have already been installed. Insofar as the separator wall is concerned, Mr. Tushar Sannu, ld. Counsel submits that the Uttar Pradesh Irrigation Department has not yet given the ‘No Objection Certificate’ and hence, no work could be undertaken.
5. Mr. Mittal, ld. Counsel for the Uttar Pradesh Irrigation Department seeks ten days’ time to give ‘No Objection Certificate’ to the MCD for construction of the separator wall.
6. The Court has seen the images of the drain and is extremely concerned with the manner in which the drain is running without any protection. Some of the images are extracted below:
The open drain without any separator wall or covering can pose a serious safety hazard for the residents and commuters of the area.
7. The MCD has written repeated letters i.e., on 24th April, 2026, 12th May, 2026 and 3rd July, 2026 to the Executive Engineer, Head Works Division, Agra Canal. Mr. Amit Mittal submits that one Mr. Vinod Kumar Singh is the said Executive Engineer. Obviously, the said Engineer has not cared to reply to the MCD and give the ‘No Objection Certificate’.
8. The MCD has already installed lights in the area to make the drain visible to vehicular traffic and pedestrians. Mr. Sannu, ld. Counsel for the MCD submits that the budget for the separator wall has already been sanctioned and the only delay was because of the non-receipt of the ‘No Objection Certificate’.
9. Considering the danger that the drain could pose to the local residents, this Court directs the MCD to immediately construct the separator wall and put slabs covering theopen drain,without awaiting any further ‘NoObjection Certificate’ from the Uttar Pradesh Irrigation Department. The construction of the separator wall and covering on the drain, if required as per law, be commenced immediately by the MCD.
10. The concerned Executive Engineer Mr. Vinod Kumar Singh, from the UttarPradeshIrrigationDepartmentisatlibertytoco-ordinatewiththeMCD, if he so desires.
11. The MCDshall also undertakecontinuousdesiltingofthedrainandthe cleaning of the area as well, since the photographs placed on record depicts that there is a larg
