Social Jurist, A Civil Rights Group vs Union Of India And Ors
- Court
- Delhi High Court
$~2 (SDB)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of decision: 18 September, 2026
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Uploaded on: 19 September, 2026
# CNR No: DLHC010229652026
+ W.P.(C) 7011/2026
SOCIAL JURIST, A CIVIL RIGHTS GROUP .....Petitioner
Through: Mr. Ashok Agarwal, Ms Ashna Khan,
& Mr. Manoj Kumar, Advocates
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr Jagdish Chandra CGSC, Ms
Maanya Saxena, Adv. for UOI.
Mr. Tushar Sannu, Ms. Rajbala, Mr.
Vaibhav Tripathi, Ms. Payal Rajput
Advocates for MCD
Ms. Deepriya Snehi & Ms. Yashika
Kaushik, Advs. for R-3.
Ms. Prabhsahay Kaur, Standing
Counsel.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MANMEET PRITAM SINGH ARORA
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:
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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
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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
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Chief Secretary, GNCTD on 3 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
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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.
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5. Subsequently, further meetings have been held between 4 August,
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2026 and 7 September, 2026 by the Special Task Force (hereinafter, ‘STF’ )
constituted by this Court. After perusing the Minutes of all the meetings, it
becomes clear in terms of the report submitted by National Highways
Authority of India (hereinafter, ‘NHAI’ ), that NHAI along with the DIAL has
proposed the following measures:
“ That in furtherance of the joint site inspections and
technical assessment, NHAI has submitted its Status
Report dated 10.09.2026 along with the Concept Report
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prepared by DPR Consultant M/ s SMEC, proposing the
following short-term and long-term measures:
1) Short-Term Measures:
a) Provision of pumping stations at Samalkha
and Mahipalpur Junction.
2) Long-Term Measures:
a) Elimination of the hydraulic choke point 1n
Mahipalpur Drain.
b) Re-planning of the drainage system of Dwarka
Expressway and suitable connectivity to
Mahipalpur Drain, subject to hydraulic
assessment.
c) regular cleaning and desilting of Samalkha
Drain.
d) Regular cleaning and desilting of Najafgarh
Drain to ensure adequate outfall capacity.
e) Improvement of the Railway drainage system to
prevent uncontrolled inflow towards the Dwarka
Expressway tunnel.
A copy of the NHAI Status Report dated 10.09.2026 along
with the SMEC Concept Report is annexed herewith as
Annexure- IV.
6. That NHAI & DIAL respondent 2 & 3 are also directed
by the Chief Secretary, Delhi to submit their respectively
reply to Hon 'ble High Court of Delhi.”
6. Ms. Deepriya Singh, ld. Counsel appearing for the DIAL submits that
DIAL has also appointed a consultant and the report is awaited.
7. On behalf of NHAI, Ms. Srishti Bajpai, ld. Counsel appears virtually
and submits that she has been engaged recently and seeks an adjournment.
8. Heard. The extensive meetings which have been held post the last order
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i.e., on 31 July, 2026, 7 August, 2026, 14 August, 2026, 21 August, 2026,
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28 August, 2026 and 7 September, 2026 have resulted in enormous paper
work, but on the ground, there appears to be no responsibility fixed as to
which job is to be undertaken by which agency or company. No timelines
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have also been fixed.
9. The callous approach of NHAI in the appearance today before the Court
is completely not appreciated in as much as, there is no official present from
the NHAI and neither is the Counsel who is appearing virtually, prepared to
make any serious submissions. Ld. Counsel who is appearing merely seeks an
adjournment on the ground that her firm has been engaged recently.
10. On behalf of DIAL as well, an adjournment is basically being sought
after submitting that the proposal for constructing a storm water drain of 3.5
kms was a “good faith proposal” which was made by DIAL.
11. As per Mr. Vashisht, the re-development in the Aerocity area and in the
NHAI’s national highway has led to this situation of waterlogging in the
Mahipalpur area. It is alleged that there is also substantial traffic congestion
in the said area almost on a daily basis.
12. The images of waterlogging at Mahipalpur ought to have evoked a
serious response from these agencies. However, there is none as no specific
agency is willing to take the responsibility to fix the issue of water logging or
traffic congestion.
13. The minutes of the meetings placed on record have allotted certain
action to be taken by various agencies but the main proposal, either short term
or long term, has come from the NHAI and it appears to be the agency
responsible for the said area.
14. The Chief Secretary, GNCTD, accordingly, shall continuously hold
further meetings in this regard and by the next date of hearing put up a report
as to what is the action both short term and long term to be taken and which
agency/entity is responsible for the same. The said decision shall be taken in
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the next two meetings to be convened by the Chief Secretary, GNCTD by 15
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October, 2026.
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15. By 30 October, 2026 i.e ., the next date of hearing, the agencies to
whom the responsibilities have been affixed shall file their status reports as to
the steps to be undertaken by them along with a specific timeline.
16. Moreover, the regular waterlogging in the Mahipalpur area as also the
traffic congestion in the said area needs to be resolved by NHAI and DIAL
on a speedy basis with a proper proposal by the next date of hearing, failing
which, the Court would be constrained to pass some stringent directions in
this regard.
17. It is made clear that all the responsible officials from all the agencies
shall be present on the next date of hearing. Counsels for all the parties in this
matter shall appear physically along with competent officials who can take
responsibility and answer the questions passed by the Court.
18. A copy of this order be communicated to the office of the Chief
Secretary, GNCTD by the Registry for necessary information and
compliance.
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19. List on 30 October, 2026.
PRATHIBA M. SINGH
JUDGE
MANMEET PRITAM SINGH ARORA
JUDGE
SEPTEMBER 18, 2026
Jyoti/Rahul/ck
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Signing Date:19.09.2026
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