Maharani Bagh Co-Operative House Building And Welfare Society Ltd., & Anr. vs Union Of India& Ors.
- Court
- Delhi High Court
$~2(SDB)
* IN THE HIGH COURT OF DELHIAT NEW DELHI
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Date of Decision: 5 November, 2026
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Uploaded on: 10 November, 2026
# CNR No. DLHC010627232024
+ W.P.(C) 13190/2024 & CM APPLs.22480/2025, 22482/2025,
45268/2025, 71175/2025, 38038-39/2026,47225-26/2026, 76992/2026
MAHARANI BAGH CO-OPERATIVE HOUSE BUILDING AND
WELFARE SOCIETY LTD. &ANR. .....Petitioners
Through: Mr A.N. Haksar, Senior Advocate with
Mr. Udayan Jain, Mr. Ranjan Mishra,
Mr Harsh Jaiswal & Ms Chanchal
Kumawat, Advocates.
versus
UNION OF INDIA& ORS. .....Respondents
Through: Mr. Tushar Sannu, Standing Counsel of
MCD and DJB, Ms. Rajbala, Adv, Ms.
Payal Rajput, Adv and Mr. Vaibhav
Tripathi, Adv and Mr. Naseem Ahmad,
AE Ohkla for DJB.
Ms. Prabhsahay Kaur SC DDA, Ms.
Deeksha L. Kakar, Ms. Vaishnavi
Nair, Mr. Shivang Jain, Mr. Rashneet
Singh, Mr. Aditya Verma and Ms.
Sana Parveen, Advs. with Mr. Ankush
Kumarm, JE/HCD-9 and Mr.
Shubham Yadav, JE/HCD-9 in person.
Mr. Dhruv Rohatgi, Mr. Dhruv
Kumar, Ms. Chandrika Sachdev,
Advs.
Mr. Ripudaman Bhardwaj CGSC with
Mr Kushagra Kumar, Mr. Amit Kr.
Rana & Mr Anmol Ghai, Advs. for
UOI.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MANMEET PRITAM SINGH ARORA
W.P.(C) 13190/2024 Page 1 of 7
Signature Not Verified
Signed By:RAHUL
Signing Date:10.11.2026
18:07:20
Prathiba M. Singh, J. (Oral)
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,
st
‘DJB’ ) has placed before the Court two communications dated 1 September,
th
2026 and 30 September, 2026. The same are extracted below:
W.P.(C) 13190/2024 Page 2 of 7
Signature Not Verified
Signed By:RAHUL
Signing Date:10.11.2026
18:07:20
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.
W.P.(C) 13190/2024 Page 3 of 7
Signature Not Verified
Signed By:RAHUL
Signing Date:10.11.2026
18:07:20
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
W.P.(C) 13190/2024 Page 4 of 7
Signature Not Verified
Signed By:RAHUL
Signing Date:10.11.2026
18:07:20
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.
CM APPL. 47225/2026
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
W.P.(C) 13190/2024 Page 5 of 7
Signature Not Verified
Signed By:RAHUL
Signing Date:10.11.2026
18:07:20
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.
CM APPL. 38038/2026
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
W.P.(C) 13190/2024 Page 6 of 7
Signature Not Verified
Signed By:RAHUL
Signing Date:10.11.2026
18:07:20
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
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30. List on 14 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
W.P.(C) 13190/2024 Page 7 of 7
Signature Not Verified
Signed By:RAHUL
Signing Date:10.11.2026
18:07:20