Civic bodies passing the buck: Delhi High Court flags waterlogging in national capital

The Delhi High Court recently observed that lack of coordination and accountability of civic bodies in the city was contributing to waterlogging in the national capital since it was affecting the functioning and maintenance of essential utilities like drainage system [Maharani Bagh Co-Operative House Building And Welfare Society Ltd., & Anr. Vs Union Of India& Ors].A Division Bench of Justice Prathiba M Singh and Justice Manmeet Pritam Singh Arora observed that the issue of waterlogging showed the apathy of the civic bodies and said it stemmed from the lack of coordination among the agencies.“The present application actually highlights the apathy that exists across Delhi in respect of the effective functioning of essential civic services and utilities, such as drainage systems. With the experience of dealing with these matters concerning waterlogging in Delhi, this Court is of the opinion that the apathy stems from the involvement of multiple agencies which are functioning without effective coordination,” the Court stated. The Bench also pinpointed the specific issue causing waterlogging in Delhi due to the involvement of multiple bodies passing the buck to each other.“Stormwater drains are under the management of MCD, and the sewer lines are under the management of DJB. Neither of these pipes is being properly managed by the respective agency, which seems to be shifting the blame to the other agency. This has led to the non-maintenance of either of the lines, leading to excessive flooding in Delhi,” the Court stated. Therefore, it directed the government to take comprehensive administrative decisions to tackle the issue..The Court was considering a petition filed by Maharani Bagh Cooperative Housing Society raising waterlogging issue in its colony. The petition stated that the Public Works Department (PWD) had burrowed holes in the walls of Ring Road to prevent flooding, which in turn caused rainwater to flow into the low-lying areas of the colony.The Court also stated that there is “enormous confusion” among the civic authorities such as Municipal Corporation of Delhi, Delhi Jal Board, Public Works Department and Delhi Development Authority due to improper delineation of responsibilities, accountability and management.“The Court has had to call all agencies to the Court in order to enable them to arrive at some consensus and for the directions to be effective. The said agencies include the MCD, PWD, DJB, Irrigation and Flood Control Department, DDA, etc. Between these agencies, there is enormous confusion that is caused due to improper delineation of responsibilities leading to them `passing the buck’ on most occasions,” the Court stated..The Court accordingly directed the Delhi Government to take a comprehensive decision towards better efficiency of civic bodies in Delhi.“This order shall be placed before the Chief Secretary, Delhi Government, for being placed before the concerned senior functionaries of the Government to take a decision on some centralisation of administration and management of the flooding in Delhi. If required, the matter may even be placed before the Hon’ble Lieutenant Governor/ Administrator for Delhi,” the Court directed.With respect to the flooding issue in the Maharani Society colony, the Court directed the PWD and Municipal Corporation of Delhi (MCD) to hold a meeting with the residents on August 2. It further suggested a joint inspection of the bell mouths and sought a status report. The matter will be heard next on August 19..Senior Advocate AN Haksar with advocates Udayam Jain and Ranjan Mishra appeared for the Society. Advocate Akash Vajpai appeared for the Union of India.Advocates Dhruv Rohatgi, Chandrika Sachdev, Dhruv Kumar and Akanksha Singh Rohatgi appeared for Delhi Government.Standing counsel Deeksha L Kakkar and Prabhsahay Kaur with advocates Rashneet Singh, Sana Parveen, Aditya Verma and Kavya Shukla appeared for DDA.Advocate Gautam Dhamija appeared for DJB. Senior Advocate Ajjay Aroraa and advocate Tushar Sannu appeared for MCD.Central Government Standing Counsel Ripudaman Bhardwaj with advocates Kushagra Kumar and Amit Kumar Rana appeared for Central government.[Read Judgment]