Delhi HC Directs MCD to Consider Higher Penalties for Drain Littering

Delhi HC Directs MCD to Consider Higher Penalties for Drain Littering

The Delhi High Court on Tuesday expressed concern over the persistent clogging of drains and waterlogging in the national capital during the monsoon, observing that the problem is aggravated by a lack of civic sense among residents.

A Division Bench of Justices Prathiba M. Singh and Manmeet Pritam Singh Arora remarked that several smaller countries receiving heavy rainfall, such as Vietnam, have managed to avoid similar issues through better civic discipline and coordinated efforts.

“How are the small countries doing it? She (lawyer) mentioned Vietnam. Why is this happening? This has to be coordinated with civic sense of the citizens,” the Bench observed.

The observations came after the Court examined photographs of drains in Taimoor Nagar, which showed continued dumping of garbage and poor maintenance. The Bench noted that despite repeated directions, littering in drains remained unchecked.

“This Court would not hesitate in taking stringent action,” Justice Prathiba M. Singh warned while referring to those dumping waste into drains.

To curb the practice, the Court directed police beat constables to ensure compliance with its earlier directions preventing littering. It also granted additional time to civic authorities to complete the construction of a boundary wall around the drain.

The Bench was hearing a petition concerning recurring waterlogging in Delhi caused by clogged stormwater drains. During the proceedings, it was informed that the Municipal Corporation of Delhi (MCD) currently imposes a compoundable fine of ₹500 for littering. The Court observed that the penalty was inadequate considering the consequences of drain blockage and resulting waterlogging.

“The fine is ₹500 and compoundable. Considering that the drain leads to water logging, the fine would be liable to be increased. Let MCD consider the same and place a proposal,” the Court directed.

The High Court further emphasised the need for coordinated action between the MCD and the Delhi Jal Board to plug sewage discharge points into stormwater drains and prevent flooding during the monsoon.

Regarding open drains, the Court was informed that stone slabs were being installed to cover them. The Bench noted that once the slabs are placed, their maintenance would be the responsibility of the local residents' welfare association.

As for the drain on Rohtak Road, the Court granted the authorities two weeks to complete the remaining work and ensure that the drain becomes fully functional before the onset of the monsoon.

Noting that payments to the contractor were pending, the Court directed the authorities to expedite the release of funds so that the project is completed without delay.

The matter will next be heard on July 24.

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