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2026 Supreme(Online)(Del) 20409
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: Zain Haider, Tanvir Ali
For the Respondents: Ripudaman Bhardwaj, Kushagra Kansal, Amit Kumar Rana, Rajesh Yadav, Subhashhand Budhiraja, Rajender Parrasad Jain, Prabhsahay Kaur, Deeksha L. Kakar, Aditya Verma, Sana Parveen, Pratima N Lakra, Shailendra Kumar Mishra, Biraja Mahapatra, Abhay Singh, 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, Dhruv Rohatgi, Chandrika Sachdeva, Dhruv Kumar, Nishi, Shashi Pratap Singh, Anamika Tyagi, Laqshyaa Saluja, Anil Mittal, Atul Chauhan
The Court emphasized a pragmatic approach to urban redevelopment in non-conforming industrial areas, directing that essential sewage and drainage infrastructure be implemented by aligning existing plans with the Master Plan for Delhi 2047 (MPD-2047) despite existing construction constraints.
Headnote:(A) Environmental Infrastructure - Drainage and Waterlogging - Direction for augmentation of Abul Fazal Drain and construction of separator walls to prevent danger to local residents. (Para 2, 7, 8)
(B) Sewage Treatment - STP Upgradation - Requirement for Delhi Jal Board to ensure compliance with effluent discharge standards and implement dedicated conveyance systems for treated effluent. (Para 11)
(C) Urban Planning - Non-Conforming Industrial Areas - Redevelopment of industrial clusters - Necessity of adopting a pragmatic approach under Master Plan for Delhi 2047 (MPD-2047) to ensure essential infrastructure like sewer lines and storm water drains despite existing construction constraints. (Para 20, 22)
(D) Administrative Procedure - Demarcation of Industrial Areas - Use of specific layout plans and notifications for boundary demarcation to resolve ambiguity in records. (Para 17, 18)
Issues: Whether the infrastructure for drainage and sewage in non-conforming industrial areas can be implemented by relaxing certain norms under MPD-2047.
Prathiba M. Singh, J. (Oral)
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. Vide order dated 24th August, 2026, this Court had directed as under:
“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.
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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 the open drain, without awaiting any further No Objection 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 Uttar Pradesh Irrigation Department is at liberty to co-ordinate with the MCD, if he so desires.
11. The MCD shall also undertake continuous desilting of the drain and the cleaning of the area as well, since the photographs placed on record depicts that there is a large quantum of litter and garbage which is in and around the drain.
12. An updated status report shall be filed by the MCD by the next date of hearing.”
3. Today, Mr. Tushar Sannu, ld. Counsel for the Municipal Corporation of Delhi (hereinafter, ‘MCD’) has handed over a status report of the MCD dated 24th September, 2026.
4. Mr. Anil Mittal, ld. Counsel appears for Uttar Pradesh Irrigation Department. As per the Uttar Pradesh Irrigation Department, the National Mission for Clean Ganga (hereinafter, ‘NMCG’) has given the principal approval for additional funds in respect of the Jasola drain for augmentation of the Abul Fazal Drain. A sum of Rs. 5.02 crore has been released for the same. The work order placed upon the contractor dated 21st September, 2026 has also been placed on record. The contractor for the said work is Mr. Harveer Chauhan, R/o Sector-9, House No. 17, Chiranjeev Vihar, Janpath Ghaziabad.
5. Photographs to show that the work for augmentation of the Abul Fazal Drain commenced on 22nd September, 2026 has been placed on record. The said images are extracted below:-
6. Mr. Arvind Kumar, Zilladar, Uttar Pradesh Irrigation Department, who is present in Court submits that Mr. Satinder Yadav, Junior Engineer, Uttar Pradesh Irrigation Department is supervising the project. The deadline for completion of the project is stated to be 21st June 2027. Accordingly, by the next date of hearing, a proper updated status report, setting out the progress of the work shall be placed on record by Mr. Satinder Yadav, Junior Engineer. The contractor i.e., Mr. Harveer Chauhan shall also be physically present in Court on the next date of hearing.
7. Insofar as the MCD is concerned, as per the status report dated 24th September, 2026, the construction of the separator wall has commenced and photographs to this effect are placed on record. The said project is stated to have commenced on 15th September, 2026 and as per Mr. Ram Raj Meena, Executive Engineer, MCD, who is present, it would take three months to complete the same i.e., by 15th December, 2026. The images showing construction of the separator wall are extracted below:
8. Accordingly, let the separator wall be constructed and an updated status report be placed on
