Delhi High Court · 2025
Case Details
W.P.(C) 17416/2024 Page 1 of 4 $~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17416/2024 ANAND PURI GOVIND GARH RESIDENTIAL WELFARE ASSOCIATION THROUGH ITS PRESIDENT RANJIT KUMAR .....Petitioner Through: Mr. Sunil Sirohi and Mr. Rajesh Kaushik, Advocates along with President of RWA (Ranjit Kumar). versus MCD THROUGH ITS COMMISSIONER & ORS. ....Respondents Through: Mr. Manu Chaturvedi, Standing Counsel for MCD. Ms. Sangeeta Bharti, Standing Counsel for DJB with Ms. Malvi Balyan, Advocate. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R % 10.09.2025 1. The present petition has been filed in public interest seeking a direction to respondent nos.1 & 2/Municipal Corporation of Delhi (MCD) to remove the three meter wall which is causing hindrance to respondent no.3/Delhi Jal Board (DJB) in desilting the sewer line in the area concerned. 2. On 13.08.2025, this Court had directed the concerned officers of MCD as well as DJB to conduct a joint survey and find out a viable solution so that the sewer line can be desilted and to accordingly file an This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2025 at 12:13:14 W.P.(C) 17416/2024 Page 2 of 4 inspection report. In compliance with the said directions, status reports have been furnished by DJB and MCD. 3. Status report dated 08.09.2025 filed by the DJB indicates that a joint inspection was conducted by the DJB and MCD on 25.08.2025, and certain difficulties with regard to narrow lanes in the area concerned were pointed out due to which sewer machines cannot be deployed. The status report further suggests that an opening of three meters width in the existing boundary wall and installation of a gate thereon would allow proper access to sewer cleaning machine for sewer line maintenance. The status report of DJB reads thus:- “Subject: Joint inspection by DJB & MCD at Tank Road Parking, Bapa Nagar, Karol Bagh In compliance with the directions of the Hon’ble High Court of Delhi, a joint inspection was conducted on 25.08.2025 by the DJB and MCD at Tank Road Parking, Bapa Nagar, Karol Bagh to explore the options for desilting the sewer line. During the inspection, it was observed that the said area consists of very narrow and zig-zag lanes, on account of which sewer cleaning machines cannot enter the area and thus difficulties arise in opening the sewer lines and cleaning the sewer manholes without the use of sewer cleaning machines. In these narrows by lanes, the sewer machines cannot be deployed. It was further observed that if the concerned MCD removes the existing boundary wall and provides an opening of 3 meters width at any location opposite tank road parking and installs a gate, it will allow proper access to sewer cleaning Machine for sewer line maintenance. This arrangement will be helpful in maintaining the nearby DJB sewer lines Tank Road Parking, Bapa Nagar, Karol Bagh. Executive Engineer” 4. We have also perused the status report of the MCD dated 08.09.2025 wherein the difficulties and other impediments in facilitating DJB access to the sewer line has been mentioned in detail. The MCD has also expressed apprehension that in case the boundary wall is broken down This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2025 at 12:13:14 W.P.(C) 17416/2024 Page 3 of 4 in a selected portion permanently, there could be a great likelihood of misuse for ingress and egress by the residents. It also refers to a parking area abutting the boundary wall catering to a busy commercial area which also may get impacted by such permanent break in the boundary wall. 5. It cannot be doubted that desiliting and cleaning of sewer lines is intrinsically intertwined with the fundamental right to public health and hygiene. Thus, the public authorities are expected to ensure facilitation to other public bodies/authorities to enforce such fundamental rights which place obligatory duties upon the authorities. 6. In view of the above and having regard to the status reports of both, MCD and DJB, we direct that the MCD to demolish a portion of the boundary wall so as to give access to DJB to deploy its trucks/machines for the purpose of cleaning/desiliting the sewage lines in question. The officials of DJB and MCD shall identify the most suitable spot for MCD to conduct the above exercise and demolish the boundary wall to that extent alone. Pursuant to such breach in the boundary wall, the DJB shall deploy its sewer cleaning machines for the aforestated purpose and withdraw the machines therefrom once the sewer lines are cleaned/desilted to their satisfaction. 7. The MCD is further directed to place a double framed iron gate of a suitable height, preferably not less than eight (8) feet, which may be kept under lock and key of the MCD. It is made clear that the said gate shall be permanently locked save and except for such use as directed above, as and when the need arises or is felt by the officials of DJB. We also make it clear that the said gate shall not be used or permitted to be used by MCD for any purpose other than what is indicated above. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2025 at 12:13:14 W.P.(C) 17416/2024 Page 4 of 4 8. The aforesaid exercise shall be carried out by the officials of MCD and DJB within a period of 6 weeks from date. 9. Mr. Sunil Sirohi, learned counsel for the petitioner, on the instructions of Mr. Ranjit Kumar holding the post of President in the society, states that the expenses which would be incurred by the MCD for installing the iron gate as directed above shall be borne by the petitioner society. The MCD is directed to raise a demand note of the expenses incurred for fabrication and installation of the iron gate as indicated above, which would be defrayed by the petitioner society within two weeks from the date such demand notice is raised. 10. In view of the above, the present petition is disposed of, alongwith pending applications. DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J SEPTEMBER 10, 2025/rl
W.P.(C) 17416/2024 Page 1 of 4 $~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17416/2024 ANAND PURI GOVIND GARH RESIDENTIAL WELFARE ASSOCIATION THROUGH ITS PRESIDENT RANJIT KUMAR .....Petitioner Through: Mr. Sunil Sirohi and Mr. Rajesh Kaushik, Advocates along with President of RWA (Ranjit Kumar). versus MCD THROUGH ITS COMMISSIONER & ORS. ....Respondents Through: Mr. Manu Chaturvedi, Standing Counsel for MCD. Ms. Sangeeta Bharti, Standing Counsel for DJB with Ms. Malvi Balyan, Advocate. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R % 10.09.2025 1. The present petition has been filed in public interest seeking a direction to respondent nos.1 & 2/Municipal Corporation of Delhi (MCD) to remove the three meter wall which is causing hindrance to respondent no.3/Delhi Jal Board (DJB) in desilting the sewer line in the area concerned. 2. On 13.08.2025, this Court had directed the concerned officers of MCD as well as DJB to conduct a joint survey and find out a viable solution so that the sewer line can be desilted and to accordingly file an This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2025 at 12:13:14 W.P.(C) 17416/2024 Page 2 of 4 inspection report. In compliance with the said directions, status reports have been furnished by DJB and MCD. 3. Status report dated 08.09.2025 filed by the DJB indicates that a joint inspection was conducted by the DJB and MCD on 25.08.2025, and certain difficulties with regard to narrow lanes in the area concerned were pointed out due to which sewer machines cannot be deployed. The status report further suggests that an opening of three meters width in the existing boundary wall and installation of a gate thereon would allow proper access to sewer cleaning machine for sewer line maintenance. The status report of DJB reads thus:- “Subject: Joint inspection by DJB & MCD at Tank Road Parking, Bapa Nagar, Karol Bagh In compliance with the directions of the Hon’ble High Court of Delhi, a joint inspection was conducted on 25.08.2025 by the DJB and MCD at Tank Road Parking, Bapa Nagar, Karol Bagh to explore the options for desilting the sewer line. During the inspection, it was observed that the said area consists of very narrow and zig-zag lanes, on account of which sewer cleaning machines cannot enter the area and thus difficulties arise in opening the sewer lines and cleaning the sewer manholes without the use of sewer cleaning machines. In these narrows by lanes, the sewer machines cannot be deployed. It was further observed that if the concerned MCD removes the existing boundary wall and provides an opening of 3 meters width at any location opposite tank road parking and installs a gate, it will allow proper access to sewer cleaning Machine for sewer line maintenance. This arrangement will be helpful in maintaining the nearby DJB sewer lines Tank Road Parking, Bapa Nagar, Karol Bagh. Executive Engineer” 4. We have also perused the status report of the MCD dated 08.09.2025 wherein the difficulties and other impediments in facilitating DJB access to the sewer line has been mentioned in detail. The MCD has also expressed apprehension that in case the boundary wall is broken down This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2025 at 12:13:14 W.P.(C) 17416/2024 Page 3 of 4 in a selected portion permanently, there could be a great likelihood of misuse for ingress and egress by the residents. It also refers to a parking area abutting the boundary wall catering to a busy commercial area which also may get impacted by such permanent break in the boundary wall. 5. It cannot be doubted that desiliting and cleaning of sewer lines is intrinsically intertwined with the fundamental right to public health and hygiene. Thus, the public authorities are expected to ensure facilitation to other public bodies/authorities to enforce such fundamental rights which place obligatory duties upon the authorities. 6. In view of the above and having regard to the status reports of both, MCD and DJB, we direct that the MCD to demolish a portion of the boundary wall so as to give access to DJB to deploy its trucks/machines for the purpose of cleaning/desiliting the sewage lines in question. The officials of DJB and MCD shall identify the most suitable spot for MCD to conduct the above exercise and demolish the boundary wall to that extent alone. Pursuant to such breach in the boundary wall, the DJB shall deploy its sewer cleaning machines for the aforestated purpose and withdraw the machines therefrom once the sewer lines are cleaned/desilted to their satisfaction. 7. The MCD is further directed to place a double framed iron gate of a suitable height, preferably not less than eight (8) feet, which may be kept under lock and key of the MCD. It is made clear that the said gate shall be permanently locked save and except for such use as directed above, as and when the need arises or is felt by the officials of DJB. We also make it clear that the said gate shall not be used or permitted to be used by MCD for any purpose other than what is indicated above. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2025 at 12:13:14 W.P.(C) 17416/2024 Page 4 of 4 8. The aforesaid exercise shall be carried out by the officials of MCD and DJB within a period of 6 weeks from date. 9. Mr. Sunil Sirohi, learned counsel for the petitioner, on the instructions of Mr. Ranjit Kumar holding the post of President in the society, states that the expenses which would be incurred by the MCD for installing the iron gate as directed above shall be borne by the petitioner society. The MCD is directed to raise a demand note of the expenses incurred for fabrication and installation of the iron gate as indicated above, which would be defrayed by the petitioner society within two weeks from the date such demand notice is raised. 10. In view of the above, the present petition is disposed of, alongwith pending applications. DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J SEPTEMBER 10, 2025/rl