VEDPAL SHEETAL CHAUDHARY vs MUNICIPAL CORPORATION OF DELHI AND ORS

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11078/2024, CM APPLs. 45775-45776/2024
VEDPAL SHEETAL CHAUDHARY …..Petitioner
Through: Mr. Kamlesh Kumar Mishra, Ms.
Shivani Verma, Ms. Snigdha Anand,
Ms. Renu and Ms. Chandana,
Advocates
versus
MUNICIPAL CORPORATION OF DELHI AND ORS…Respondents
Through: Ms. Hetu Arora, ASC for GNCTD
Ms. Beenashaw Soni, SC with Ms.
Mansi Jain and Ms. Ann Joseph,
Advocates for R-1
Mr. Mokesh Arora, Ms. Santosh and
Ms. Nandini Sharma, Advocates for
R-7
% Date of Decision: 09th August, 2024
CORAM:
HON’BLE THE ACTING CHIEF JUSTICE
HON’BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
MANMOHAN, ACJ : (ORAL)

1. Present public interest litigation has been filed seeking directions to
the Respondents to inter alia, assess the structure and slope of the drain
constructed in Sunday Market Area, Aya Nagar, Delhi and rectify the said
slope by demolishing the newly laid bed near the outfall in the area. The
Petitioner, who is a Municipal Councillor, seeks further direction to

constitute a Joint Committee comprising the Deputy Commissioner,
Municipal Corporation of Delhi, an officer appointed by this Court and the
respective officials of the concerned departments to ensure that the correct
design of the slope of the drain is constructed.
2. Learned counsel for the Petitioner states that the Respondent No. 2/
IFCD had initiated construction of a drain in the Aya Nagar area in February
2024, which is still in the process of construction. He states that respondent
no.2 constructed a flawed slope for the said drain which has resulted in
water flowing back to the roads and the entire area being waterlogged. He
further states that the drain from the forest area and the air force station also
join the same drain and the pipeline at the outfall is not sufficient to carry
the contents of the drain. He emphasises that the area known as Sunday
Market Main Road, in Aya Nagar is a low-lying area and hence is prone to
water logging and flooding even in the non-monsoon season. He further
states that water has been entering the shops and homes of the residents
causing immense damage to goods and property.
3. He states that several representations have been made by the
Petitioner and the Respondent No. 1 to the Respondents herein, but they
have not even examined the matter.
4. Keeping in view the aforesaid, especially in view the fact that a
number of representations have been made by the petitioner as well as the
officials of the MCD, this Court directs the Chief Secretary, GNCTD to treat
the present writ petition as a representation and decide the same by way of a
reasoned order, after hearing the officials of the MCD and IFCD, as
expeditiously as possible preferably within two weeks.

5. With the aforesaid directions, the present writ petition stands closed.
The rights and contentions of all the parties are left open. This Court
clarifies that it has not commented on the merits of the matter.

ACTING CHIEF JUSTICE
TUSHAR RAO GEDELA, J
AUGUST 9, 2024/ms