W.P.(C)/13190/2024 of MAHARANI BAGH CO-OPERATIVE HOUSE BUILDING AND WELFARE SOCIETY LTD., & ANR. Vs UNION OF INDIA& ORS. on 5 November 2026

1. This hearing has been done through hybrid mode. CM APPL.76992/2026 (to place on record subsequent developments)

2. This is an application filed by the Petitioner Association for directions to the authorities to take a joint inspection of the storm water drain and assess all sewage inflows from Sriniwas Puri, IG Camp and Taimoor Nagar.

3. Mr. Haksar, ld. Senior Counsel for the Petitioner submits that there was a backflow of sewage into the Maharani Bagh colony in the recent rains and urgent action would be required.

4. Mr. Sannu, ld. Counsel appearing for the Delhi Jal Board (hereinafter, ‘DJB’) has placed before the Court two communications dated 1st September, 2026 and 30th September, 2026. The same are extracted below:

5. A perusal of these two communications would show that the DJB is communicating with the Special Task Force (hereinafter, ‘STF’) in order to block the multiple sewage outflows from JJ Camps, which is maintained by Delhi Urban Shelter Improvement Board (hereinafter, ‘DUSIB’). The allegation of the DJB is that in these JJ Camps, when toilets etc. are constructed, there are unregulated sewage outlets, which are directly connected to storm water drains, which leads to this backflow and discharge of untreated sewage into the storm water drains.

6. The joint inspections also reveal various other issues of the manner in which the JJ Clusters are being managed by the DUSIB and by the Delhi Development Authority (hereinafter, ‘DDA’). The Government has a policy for rehabilitation of families living in JJ Clusters which obliges the landowning agency, where the cluster is located to rehabilitate the notified JJ Clusters.

7. The repeated issue, that this Court is encountered with, in all the waterlogging matters is that there is no proper network of storm water drains and sewage drains across the city. In most cases, there is only one drain which is flowing and substitutes for storm water and sewage. In JJ Camps toilets are built and no proper discharging into septic tanks is being done by DUSIB and untreated sewage is allowed to flow into storm water drains. Even the unauthorized colonies and Lal Dora areas do not have proper drainage and sewage systems.

8. The Court is of the opinion that the integrated master drainage system called ‘Drainage Master Plan’, which is under contemplation by the GNCTD, would be the only solution to all these issues faced by various colonies. Before this Court, there are several authorised colonies in which waterlogging, backflow of sewage, overflowing drains have been brought, which have resulted in severe damage to the public and private properties. Such colonies include Maharani Bagh, Defence Colony, Green Park, Mundka area, Shahdara, Sriniwas Puri, etc. The issue is not, therefore, colony centric but is an issue that deserves to be resolved at a much higher level so that the drains in the entire State are properly networked and managed on a regular basis.

9. Mr. Dhruv Rohtagi, ld. Counsel for the GNCTD, who is present in Court, may accordingly seek instructions from the Chief Secretary, GNCTD in respect of the ‘Drainage Master Plan’ and place a status report in respect thereof before this Court including any impediments that are being faced in the implementation of the said plan. The details of the said plan be also brought before this Court so that if any directions are required to any authority, the same can be considered.

10. In addition, let the two master plans for both storm water drains and sewage drains be brought before the Court on the next date of hearing along with the status report by the concerned agencies i.e., the Public Works Department, I&FCD and DJB.

11. Insofar as JJ Clusters is concerned, ld. Counsel for the DDA is directed to take instructions as to whether there is any proposal to relocate the JJ Cluster of Indira Camp around the Taimoor Nagar drain and if so, the same be placed by way of a status report.

12. Issue notice to the DUSIB. Mr. Anuj Chaturvedi, ld. Counsel for the DUSIB accepts notice on behalf of the DUSIB. DUSIB to place on record a report by the next date of hearing on the various discharge points wherein untreated sewage is flowing straight into Taimoor Nagar drain.

13. DUSIB shall also place on record the manner in which septic tank or some other mechanism can be installed to ensure that these outlets are stopped from being flown into the Taimoor Nagar drain. A senior official from DUSIB not below the rank of Director, DUSIB shall remain present in Court on the next date with instructions on the aforesaid issue and status of this Cluster and proposal for rehabilitation of the residents of this Cluster.

14. The present application is disposed of in the above terms.

15. The present application has been filed by the RWA, Taimoor Nagar, Kapasia Mohalla through its President namely, Mr. Surender Singh under Order I Rule 10 read with Section 151 of the Code of Civil Procedure, 1908 who wants to intervene in the matter.

16. Considering that the matter of the Taimoor Nagar drain is being considered by this Court, the RWA, Taimoor Nagar, Kapasia Mohalla is permitted to intervene and is also impleaded as a party Respondent in this case through its President – Mr. Surender Singh. Let an amended memo of parties be filed within one week.

17. Application is disposed of. CM APPL. 47226/2026

18. The present application has been filed by the RWA, Taimoor Nagar, Kapasia Mohalla through its President – Mr. Surender Singh under Order XXXIX Rule 1 & 2 read with Section 151 of the Code of Civil Procedure, 1908 seeking certain directions to the Respondent authorities.

19. The said RWA seeks some reliefs for ingress and egress of the residents of this colony, which according to ld. Counsel is now an authorized colony.

20. Let the Chairperson of the Special Task Force - Mr. Anil Kumar hold discussion with the President of this RWA and suggest a solution to this Court in this regard by the next date of hearing. Application is disposed of. All the documents filed with the application shall remain on record.

21. The present application has been moved by the Petitioner Association in respect of proper garbage collection, waste management and maintenance of sanitation in the Maharani Bagh and Taimoor Nagar Drain areas.

22. Mr. Sannu, ld. Counsel submits that proper waste collection has started and bins have also been installed at various points. The Fixed Compactor Transfer Station (hereinafter, ‘FCTS’) is also functional. The photographs filed by Mr. Sannu, ld. Counsel are taken on record.

23. The application is disposed of.

24. Needless to add that the authorities shall continue these steps which have been taken by them for proper garbage collection, waste management and maintenance of sanitation in the Taimoor Nagar drain and Maharani Bagh colony. CM APPL. 38039/2026

25. The present application has been filed by the Petitioner Association under Section 151 of the Code of Civil Procedure, 1908 seeking police protection and assistance for building of the wall on the Taimoor Nagar drain.

26. As per Mr. Dhruv Rohatgi, ld. Counsel, 1165 mtrs. of the boundary wall has already been constructed and between 200-300 mtrs. of wall is remaining to be constructed. Mr. Anil Kumar also confirms to the Court that the wall building is now being carried out smoothly.

27. Accordingly, let a further status report be filed by the next date of hearing in respect of the status of construction of the boundary wall. Application is disposed of. CM APPL. 71175/2025 & CM APPL. 22482/2025

28. These are applications for restraining the construction of the FCTS.

29. These applications have been dealt with and several orders have been passed by this Court. The FCTS construction is completed and the same is now functional. Accordingly, the applications are disposed of as infructuous. W.P.(C) 13190/2024, CM APPL. 22480/2025 & CM APPL. 45268/2025

30. List on 14th December, 2026.

31. A senior official of DUSIB and DDA shall remain present in Court on the next date of hearing.

PRATHIBA M. SINGH JUDGE

MANMEET PRITAM SINGH ARORA JUDGE

NOVEMBER 5, 2026/dk/Rahul/ck