Lokesh Kumar And Ors vs Union Of India & Ors.
- Court
- Delhi High Court
$~1(SDB)
* IN THEHIGH COURTOF DELHIAT NEW DELHI
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Date of Decision: 5 November, 2026
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Uploaded on: 10 November, 2026
# CNRNo : DLHC010561582023
+ LPA 851/2023 & CM APPL. 77268/2026
LOKESH KUMAR AND ORS .....Appellants
Through: Mr. Lokesh Kumar, Mr. Tanishq
Juneja and Mr. Shashwat Sharin,
Advs.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Ms. Prabhsahay Kaur (Standing
Counsel), Mr. Aditya Verma,
Advocates for DDA.
Mr. Tushar Sannu, Standing Counsel
for MCD with Ms. Rajbala, Ms. Payal
Rajput, Mr. Vaibhav Tripathi, Advs.
and Mr. Vinay Kumar Tripathi,
Deputy Secretary IDMC.
Ms. Manisha Agrawal Narain, CGSC
with Mr. Divanshu, Adv.
Mr. Mukesh Gupta, Standing Counsel
for MCD with Mr. Raghav Gupta, Ms.
Shashi Gupta and Mr. Arnav Gupta,
Advs. for MCD.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MANMEET PRITAM SINGH ARORA
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
CM APPL. 77268/2026
2. This is an application moved by the Appellants under Section 151 of
LPA 851/2023 Page 1 of 4
Signature Not Verified
Signed By:RAHUL
Signing Date:10.11.2026
18:07:20
the Code of Civil Procedure, 1908 seeking withdrawal of the present LPA.
3. The present case relates to the Sriniwas Puri drain , wherein the
Appellants, who are residents of the said area had sought various reliefs in the
writ petition, which was filed by them i.e., being W.P.(C) 10459/2021 titled
‘ Lokesh Kumar & Ors. v. Union of India & Ors’ . The prayers in the said
writ petition were for proper maintenance of the drain, cleaning of the drain,
for removal of the silt, construction/repair of the drain at Sriniwas Puri. The
prayers in W.P.(C) 10459/2021 read as under:
“A. Issue a writ of mandamus or any other appropriate
writ, order and time bound direction to the Respondents
to reconstruct all drains in Srinivaspuri area by taking
level of floor/bed of drains with high capacity within
specific time.
B. Issue a writ of mandamus or any other appropriate
writ, order and time bound direction to the Respondents
to ensure proper flow of water and to connect the road
side drains to the main drain.
C. Issue a writ of mandamus or any other appropriate
writ, order and time bound direction to the Respondents
to cover the road side drains and the main drain in
Srinivaspuri area.
D. Order for an enquiry into the public funds spent in
the name of cleaning, construction, repair and
maintenance of drains in Srinivaspuri by PWD in the
last 10 years.
e) Pass any further order(s) which this Hon'ble Court
deems fit and proper in the facts and circumstances of
the present case, in the interest of justice.”
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4. Order dated 1 September, 2023 was passed by the ld. Single Judge of
this Court in this matter, wherein the ld. Single Judge had taken on record
LPA 851/2023 Page 2 of 4
Signature Not Verified
Signed By:RAHUL
Signing Date:10.11.2026
18:07:20
various reports filed by the Delhi Jal Board (hereinafter, ‘DJB’ ), Public Works
Department (hereinafter, ‘PWD’ ), Municipal Corporation of Delhi
(hereinafter, ‘MCD’ ), etc. and disposed of the writ petition.
5. In the present LPA, various orders have been passed from time to time.
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On 18 September, 2026, an inspection was ordered under the aegis of
Integrated Drain Management Cell (hereinafter, ‘IDMC’ ) along with all the
concerned agencies.
6. Mr. Sandeep Mishra, Special Secretary, IDMC had got the entire area
inspected and a report was replaced before this Court. Thereafter, a detailed
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order was passed on 30 October, 2026. The matter is now listed on 17
December, 2026.
7. In the meantime, the Appellants have filed this application stating that
they would not like to press the present appeal in view of the continuous
threats they are facing from the local residents.
8. In view of the application of the Appellants, the present appeal is
dismissed as withdrawn.
9. However, owing to the large scale impact of the drain on the general
water logging in the area, as also the rampant illegal construction upon and
around the drain, this is a fit case for the Court to not ignore the facts that have
come to light in the various reports including the recent inspection report of
the IDMC. Accordingly, the Court takes suo moto cognisance of the situation
relating to the Sriniwas Puri Drain. Let the inspection report which was filed
by the IDMC and the status report filed by the DJB and other authorities in
this case shall now be moved into the new file of writ petition titled Re: Suo
Moto Sriniwaspuri Drain . The record of the entire appeal shall now be a part
of the said writ petition. Let a fresh number be allocated by the Registry to
LPA 851/2023 Page 3 of 4
Signature Not Verified
Signed By:RAHUL
Signing Date:10.11.2026
18:07:20
the said writ petition.
10. Mr. Sashwat Sarin, ld. Counsel is appointed as amicus curiae to assist
the Court in this new writ petition. Respondents in memo of parties of the
present LPA shall become the Respondents in memo of parties of the said writ
petition.
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11. List Re: Suo Moto Sriniwaspuri Drain on 17 December, 2026.
12. Next date of hearing in this matter stands cancelled.
PRATHIBA M. SINGH
JUDGE
MANMEET PRITAM SINGH ARORA
JUDGE
NOVEMBER 5, 2026/ dk/ck
LPA 851/2023 Page 4 of 4
Signature Not Verified
Signed By:RAHUL
Signing Date:10.11.2026
18:07:20