Order of the National Green Tribunal regarding desilting of the Defence Colony drain in Delhi before the monsoon, 16/04/2025
Order of the National Green Tribunal in the matter of Nizamuddin West Association Vs Union of India & Others dated 16/04/2025.
The matter related to desilting of 24 drains with special focus on two drains - Kushak drain and Sunheri Pul drain before the monsoon.
The court was informed that a part of the Sunehri Pul Drain drain is completely covered. Referring to the report of the Court Commissioner, Sidharth Luthra, Senior Counsel has pointed out that the top of the covered concrete area/park where square-shaped manholes/chambers on both boundaries giving access to the drain flowing underneath were having hard cracks and broken lids. He also referred to the photographs to show that the manholes are lying open and the metal sheet covering the drain is corroded.
Photographs also revealed that a substantial quantity of the C&D waste and garbage is piled up in the covered portion of the drain which is required to be cleaned. Further, though a part of the covered portion has been broken up, the waste is falling back into the drain from that open area. Further, waste water is being discharged in the stormwater drain which is impermissible. The counsel referred to the photographs to show the condition at the point where Sunheri drain and Kushak drain are meeting.
MCD has submitted that the Chief Secretary, GNCTD took a meeting of all the concerned officers and the responsibility has been fixed upon the MCD to clean/desilt the covered portion of the Sunheri Pul Drain and Kushak Drain. The court was informed that it has been agreed that the other agencies will assist in that process and officers of DJB and I&FCD were present in the meeting, therefore, now there is no confusion on the part of the MCD with respect to its responsibility to clean the covered portion of these two drains.
The Chief Secretary, GNCTD present virtually has informed that the covered portion at a fixed distance will be broken and initially a stretch of 50 meters will be broken open and cleaned within 10 days and this process will be adopted for the other covered portion also.
The Commissioner, MCD has informed that so far as the Defence Colony drain, flowing from the Defence Colony area, is concerned, cleaning of the entire stretch, covered and open, is the responsibility of the MCD. He has submitted that the drain’s covered portion will be opened longitudinally for the desilting.
So far as the Sunheri Pul Drain and Kushak Drain are concerned, desilting of the covered portion is the responsibility of the MCD and open portion is the responsibility of I&FCD.
Senior Counsel appearing for the DJB has submitted that full cooperation will be extended by the DJB in all respects to the MCD in the desilting work. Senior Counsel appearing for the MCD has submitted that within three days the affidavit of the Commissioner, MCD will be filed giving the timeline and the entire program along with the modalities for desilting the entire covered portion of the Sunheri Pul Drain, Kushak Drain and Defence Colony Drain.
The affidavit will also disclose the officers who will monitor the progress and will ensure that the timeline is adhered to. The agencies will ensure that desilted material from the drains in question is properly stocked and decanted and then shifted to the pre identified sites. De-silted material should not create health and traffic hazards.