downtoearth-subscribe

Order of the National Green Tribunal regarding desilting of drains in Delhi outfalling in river Yamuna, Delhi, 09/04/2025

  • 09/04/2025

Order of the National Green Tribunal in the matter of Nizamuddin West Association Vs Union of India dated 09/04/2025. The tribunal was looking into the matter of desilting of 24 drains out falling in the river Yamuna. The tribunal in the proceedings dated February 27, 2025 had recorded the stand of the I&FCD that work of desilting of 22 drains will be completed within the stipulated timeline. The issue was in respect of two remaining drains, namely, Kushak drain and Sunehri Pul drain.

Therefore, the tribunal on February 27, 2025 had directed the Additional Chief Secretary, I&FCD to file a fresh affidavit in respect of the steps taken for desilting the covered area of these two drains. In the proceedings dated February 27, 2025 the stand of the Additional Chief Secretary, I&FCD was that in respect of the covered drains, the matter will be taken up with the Chief Secretary, GNCTD and the issue will be resolved. The issue was in respect of the Department/local authority responsible for cleaning the covered portion of the drains.

Counsel appearing for the GNCTD representing the I&FCD has submitted that a joint meeting of the officers of I&FCD, the Commissioner MCD and also the officers of other departments was convened by the Chief Secretary. She has submitted that in respect of the Sunehri Pul Drain, the Municipal Corporation, Delhi had taken up the responsibility to clean and in respect of Kushak Drain, the Chief Secretary had appointed the joint Committee of Chief Engineer, MCD and I&FCD.

Counsel for the applicant informed NGT, April 9, 2025 that no work has been done by the MCD to desilt the covered portion of the Defence Colony drain. Monsoon is approaching and no action has been taken and in the previous monsoon, huge loss and enormous inconvenience was suffered by the residents of the area on account of flooding of drain for want of desilting. Taking into consideration, the seriousness of the issue, the MCD was directed to take prompt and immediate action.

Inspite of the joint meeting held by the Chief Secretary, GNCTD, no progress has been taken place till now and the monsoon is now again approaching and there is still uncertainty about the executing agency, the NGT, April 9, 2025 directed the personal appearance of the Commissioner, MCD and the virtual appearance of the Chief Secretary, Delhi on the next date of hearing, April 16, 2025.

Advocate, Rahul Khanna was appointed the Court Commissioner to assess the ground level situation and the work if any undertaken is the Defence Colony area to desilt the drain. The Court Commissioner will visit the site, ascertain the extent of desilting work, if any, done and collect the relevant evidence in this regard and submit the report before the Tribunal.