HC orders PWD, SDMC, DJB to jointly inspect Kushak drain to form plan to clean it

The Delhi High Court on Tuesday directed the AAP government's public works department (PWD) and other local bodies to jointly inspect the Kushak nallah near South Extension-I here and formulate plan for clearing the drain, instead of blaming each other.

A bench of Chief Justice Rajendra Menon and Justice V K Rao issued the directions to the PWD, the South Delhi Municipal Corporation (SDMC) and the Delhi Jal Board (DJB) and asked them to give a status report on what work needs to be done, and by whom, to clean up the drain and by when it would be completed.

The court said that all the authorities have to sit together and work out a solution instead of blaming each other.

"You all are public servants and are expected to work for the public. But all of you cannot work together. You blame each other. The state of affairs is bad, that is why you all are here (before the court)," the bench said.

The observations came after SDMC officials said it was PWD's job to keep the drain clear while they were constructing the Barapulla flyover under which the 'nallah' flows.

While ordering the joint inspection, the bench declined the request of a resident of the area to take action for contempt of court against the PWD officials for not complying with repeated judicial orders to clear all debris from the drain.

The bench said for now, it has tolerated the violation of its orders and will not take action under contempt of court till it sees the joint inspection report.

"Hamne seh liya (we have tolerated the violation of our orders). Will it make you happy if they are sent to jail? We have ordered for joint inspection. Let the report come. Hum public ke hith mein kaam kar rahe hai (we are working in public interest)," the court said and refused to pass any adverse orders against the local authorities whose senior officials were present before the bench on Tuesday.

The senior officials -- Engineer-in-chief of the PWD and SDMC, the Member (Water Supply) of DJB and Principal Secretary of Urban Development Department -- were on November 27 directed to be present in the court for an "interaction" on how to clean up the Kushak drain under the Barapulla flyover.

Interestingly, this is not the first time that the high court has asked officials of the PWD, Delhi government, DJB and SDMC to be present before it in the instant PIL which has been going on since 2012.

The high court in August 2012 had on its own initiated the PIL over news reports of waterlogging in the South Extension-I area and resultant contamination of drinking water there during monsoon.

Thereafter, in the over 58 hearings held in the matter, the court has issued directions on segregating storm water drains, like Kushak nallah, from the sewage system and cleaning up the construction debris from the drain.

On at least 11 dates of hearing between November 26, 2014 to February 2, 2018, the high court has directed the PWD to clear the debris from the drain and the authority has on each occasion assured the bench that the work would be "promptly" done.

PWD has also given undertakings in the court to clear the debris within time limits specified by the bench, but till date the work has not been completed.

There are at least three orders on record -- of May 25, 2016, October 27, 2017 and November 22, 2018 -- which have warned the PWD of strict action, including contempt of court, if it does not clear the debris from the drain.

Till date no contempt of court action has been taken and the debris have not been completely cleared from the drain as was ordered by the high court from time to time.