2026 Supreme(Online)(Del) 19865
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, Manmeet Pritam Singh Arora, JJ
Social Jurist, A Civil Rights Group – Appellant
Versus
Union of India – Respondent
W.P.(C) 7011/2026
For the Appellants/Petitioners: Ashok Agarwal, Ashna Khan, Manoj Kumar
For the Respondents: Jagdish Chandra, Maanya Saxena, Tushar Sannu, Rajbala, Vaibhav Tripathi, Payal Rajput, Deepriya Snehi, Yashika Kaushik, Prabhsahay Kaur
The court emphasized the accountability of infrastructure agencies to ensure that development does not compromise drainage systems and directed the Chief Secretary to fix specific responsibilities and timelines for resolving waterlogging.
Headnote:(A) Public Infrastructure - Drainage and Waterlogging - Responsibility of agencies - Failure of agencies to fix accountability for waterlogging in a critical area near an airport is unacceptable; directions issued to identify responsible entities and set timelines for short-term and long-term solutions. (Para 8, 14, 16)
(B) Administrative Accountability - Duty of Care - Agencies like NHAI and DIAL must ensure that infrastructure development does not compromise existing drainage networks. (Para 4, 11)
Issues: Whether the concerned agencies have taken sufficient steps to resolve waterlogging and traffic congestion in the Mahipalpur area.
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present case concerns the waterlogging in the Mahipalpur area which is near the airport. There were severe complaints of waterlogging in this area and detailed submissions were heard on the last date. The images of waterlogging extracted in the previous order are set out below:
3. Vide order dated 25th July, 2026, this Court directed as under:
“5. Considering the importance of the location of this area i.e., near the airport and being the access road to the Gurugram area, issue notice in this matter to the Respondents.
6. The Special Task Force as constituted in W.P.(C) 17064/2024 titled ‘Ravinder Yadav v. Govt. of NCR of Delhi & Ors.’ and supervised by the Chief Secretary, Government of the National Capital Territory of Delhi, shall hold a specific meeting for this National Highway and file a report after interacting with all the relevant stakeholders including Municipal Corporation of Delhi, Delhi Development Authority, National Highways Authority of India, Delhi Jal Board, Delhi Metro Rail Corporation and Public Works Department and if required with the GMR Group which is Respondent No.3, for examining the feasibility of constructing a storm water drain in this area to prevent waterlogging.
7. The said meeting shall be held on any date between 3rd August, 2026 to 7th August, 2026. After the first meeting, multiple meetings may be held so that a proper proposal could be placed on record by way of status report by the ld. Counsel for the Government of the National Capital Territory of Delhi by the next date of hearing ”
4. Today, a detailed status report has been placed on record on behalf of the Government of the National Capital Territory of Delhi (hereinafter, ‘GNCTD’) by Mr. Sameer Vashishth, ld. Standing Counsel (Civil), GNCTD. As per the said report, a meeting was convened under the Chairmanship of Chief Secretary, GNCTD on 3rd August, 2026 and all the concerned stakeholders and departments were present in the said meeting. In terms of the said meeting which was held, certain decisions were taken. The relevant observations and directions issued during the said meeting are stated to be as under:
“That in compliance with the aforesaid directions, a high-level meeting was convened under the Chairmanship of the Chief Secretary, GNCTD on 03.08.2026 with all concerned stakeholder departments and agencies. The key observations and directions issued during the meeting are as follows:
a. It was observed that the effective carrying capacity of the existing drainage network had been compromised postdevelopment works in the Aerocity area, severely impacting discharge into the Najafgarh Drain.
b. The Chief Secretary directed that executing agencies of large-scale infrastructure developments must ensure integrated drainage connectivity so that surrounding areas and arterial corridors do not suffer water stagnation.
c. NHAI was instructed to conduct technical evaluations and submit a permanent, sustainable drainage proposal in consultation with DIAL and stakeholder departments.
d. DIAL confirmed its in-principle commitment to construct a 3.5 km storm water drain along NH-48 from Shankar Vihar to Radisson Circle.
e. Pending execution of permanent engineering solutions, all concerned departments were directed to deploy interim mitigation measures, including stationary /PTO pumps and clearing of inlets, to avert waterlogging during the ongoing monsoon.”
As per the above Minutes of Meeting, it becomes clear that the drainage network itself stands compromised, due to the development in Aerocity. Further NHAI was instructed to submit a detailed proposal for the drainage in the area after consulting other stakeholders including DIAL. On behalf of DIAL it has been assured that a 3.5 kms storm water drain shall be constructed along NH-48 from Shankar Vihar to Radisson Circle.
5. Subsequently, further meetings have been held between 4th August, 2026 and 7th