Court On Its Own Motion vs Union Of India & Ors.

Prathiba M. Singh, J. (Oral)

This hearing has been done through hybrid mode.

Vide order dated 16th January, 2026, this Court had directed as under:

Ld. Counsel for the Municipal Corporation of Delhi (hereinafter, ‘MCD’) has filed some photographs to show that some emergency work has been carried out in the Okhla area where the water logging was happening. The photographs of the same would show that the drain has been desilted, cleaned and there is some water flow. However, it appears that there is still the possibility of water logging and the drain is also situated in such a position that there could be some mishap as well.

Accordingly, Mr. Sannu, ld. Counsel for the MCD has assured the Court that some kind of separator wall would be created between the drain and the road on which vehicular movement is there.

In addition, MCD shall ensure that the area is not dark and is visible as a drain in the evening times. Some reflectors and some lights should be installed in this area so that the drain becomes visible to passersby and drivers.

Insofar as the Uttar Pradesh Irrigation Department is concerned, Mr. Mittal, ld. Counsel has joined the proceedings virtually and Mr. Rajender Javetri, Junior Engineer, Uttar Pradesh Irrigation Department is present in Court.

Mr. Rajender Javetri submits that under the National Mission for Clean Ganga, Rs.9 crore has been sanctioned for extension of the Abul Fazal Drain by approximately 2.8 kms. He submits that the tender for the same is likely to be floated soon and would be awarded by the end of April, 2026. As per him, by 15^th June, 2026, the extension of the Abul Fazal Drain would be constructed which would ensure that the water logging in this area can be completely avoided.

On behalf of the Delhi Jal Board (hereinafter, ‘DJB’), certain apprehensions are expressed that the existing arrangement may not work for very long. Accordingly, the Uttar Pradesh Irrigation Department shall ensure that the Abul Fazal Drain extension is not delayed in any manner whatsoever.

Accordingly, let the Uttar Pradesh Irrigation Department file an affidavit as to what steps have been taken for dredging and maintenance of the Abul Fazal Drain. It shall be ensured that the said Department undertakes the regular dredging work on the Abul Fazal Drain. The Uttar Pradesh Irrigation Department shall also file photographs of the work undertaken for dredging of Abul Fazal Drain and for extension of the Abul Fazal Drain by the next date of hearing.

The DJB in its status report dated 17^th December, 2025 had submitted that steps are being taken to augment 11 STPs out of the 37 STPs which are not fully augmented. The same as per status report dated 17^th December, 2025 are as under:

Under these circumstances, let the latest status of the augmentation of these 11 STPs be placed on record by the DJB by the next date of hearing. Insofar as the remaining aspects contained in the status report dated 17^th December, 2025, let the DJB file an updated status report on all aspects including the installation of further STPs and whether the STPs which are not meeting the prescribed standard have now been modified and improved to meet the prescribed standards or not.

Today, the Delhi State Industrial and Infrastructure Development Corporation (hereinafter, ‘DSIIDC’) has handed over a status report as per which in respect of 23 non-confirming areas the requisite fee has been submitted by the DSIIDC to the Town Planning Department of the MCD along with the re-development plans. In respect of remaining four areas, the stand of the DSIIDC is as under:

Mr. J.K. Talwar appearing for the Delhi Manufacturers’ Federation submits that in respect of Anand Parbat, Swaran Park Mundka and Phirni Road Mundaka Industrial Area, the matter is pending with the concerned associations but the same is likely to be expedited.

Accordingly, the DSIIDC shall serve a notice to the Presidents of these associations to ensure their personal presence on the next date of hearing. Insofar as Samaipur Badali Industrial Area is concerned, the boundary would have to be duly demarcated by the Delhi Development Authority (hereinafter, ‘DDA’).

Let the DDA work with the DSIIDC and finalise the redevelopment plan for Samaipur Badali Industrial Area.

The President of the association of the Samaipur Badali Industrial Area shall also be present on the next date of hearing along with the concerned DDA officials.

In respect of the redevelopment plans of 23 non-confirming areas which have been submitted to the MCD, Mr. Sannu, ld. Counsel for the MCD submits that the clarifications are being sought from some of the associations.

It is made clear that the associations shall give the clarifications to the MCD on or before 10^th April, 2026. Thereafter, the MCD shall hold meetings with the DDA in respect of all these industrial areas for the finalisation of the re-development plans.

The concerned official of the MCD dealing with the present situation shall also remain present in Court on the next date of hearing.

Mr. Kapil Midha, ld. Counsel for the Mundka Udyog Nagar (South) Welfare Society submits that action to be taken by the Mundka Udyog Nagar (South) Welfare Society has been taken and, therefore, personal presence of Mr. Avinash Bansal i.e., the President of the Mundka Udyog Nagar (South) Welfare Society may be exempted.

Accordingly, for the reasons recorded in the order dated 16^th January, 2026, the personal presence of Mr. Avinash Bansal is exempted.

The Court has heard the detailed submissions on behalf of DSIIDC, the members of Confederation of Delhi Industries and CETPs representing 11 CETPs and their Counsels. There are various issues which have been highlighted:

ii) Many members of the industrial associations do not make payments in time which results in defaults and also creates a lack of revenue for the Confederation of Delhi Industries and CETPs;

iii) That the escrow accounts of the CETP Societies and the DSIIDC are not being opened for lack of documentation by the CETP Societies.

All these issues between the CETP Societies, the industrial associations and the DSIIDC ought to be resolved under the supervision of the DSIIDC. If the CETP Societies do not submit documentation, then the DSIIDC has the power to disqualify such a society from operating the CETP. In the opinion of this Court, the DSIIDC is then free to operate the CETP on its own and collect the dues from the members of the industrial associations.

Secondly, in respect of members of the associations and societies who do not pay the requisite dues for operation of the CETPs, the non-payment ought to result not merely in recovery as land revenues but certain other coercive measures also should be taken by the DSIIDC, inasmuch as the environmental pollution that is being caused due to non-operation of CETPs is extremely stark and members who operate the industries and factories have an obligation to make their contributions in time on a regular basis.

The DSIIDC shall accordingly hold a meeting with the members of various associations and societies as also their officer bearers and recommend to this Court as to what coercive measures need to be taken in respect of members who do not make their contributions. Such recommendations could include locking of the factory or the industry or disconnection of electricity and other coercive measures as well.

In the opinion of this Court, it is for the DSIIDC to take steps to recover the amounts from the members and to ensure that the CETP Societies function in accordance with law. The DSIIDC cannot absolve itself of its responsibility of ensuring that the CETPs are working efficiently.

Insofar as the cleaning of the sewage system is concerned, the concerned Chief Engineer of the DJB shall meet the Executive Director of DSIIDC and give a complete plan and the timeline for cleaning of the sewage drains so that there is proper flow in the sewage drains.

The requisite meetings shall be called for by Mr. Praveer Kumar Singh, Executive Director, DSIIDC within the next ten days itself and a report shall be filed by 2^nd May, 2026. For the meetings which are being held, the representative of the CETP Societies shall also be called so that their views can also be considered by the DSIIDC.

Insofar as Council of Scientific & Industrial Research - National Environmental Engineering Research Institute (hereinafter, ‘CSIR-NEERI’) is concerned, the Court is not satisfied with the timelines which have been given in the status report handed over by the ld. Counsel for DSIIDC.

Accordingly, let a person from CSIR-NEERI who is dealing with the matter, remain present in Court on the next date of hearing.

Insofar as the issue of water and air pollution is concerned and the overlap thereof, Ms. Bhandari, ld. Counsel has filed detailed submissions in this matter. The same shall be considered on the next date of hearing.

CM APPL.66131/2025 is now infructuous as Mr. Pankaj Kumar has been assisting the Court. Accordingly, the same is dismissed.

List these matters on 2nd May, 2026.