'Shocking State Of Affairs': Delhi High Court Raps MCD For Unbarricaded, Dirty Drain In Plea Over Mother-Son Deaths In Gazipur

The Delhi High Court on Tuesday rapped the Municipal Corporation of Delhi (MCD) over an unbarricaded and uncleaned drain in the national capital where a mother and her three year old son recently fell and died due to water-logging amid heavy rains.

Calling it a shocking state of affairs, the court said that the senior officials of the civic body were not performing their supervisory functions.

A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela was dealing with a plea filed over the deaths due to falling into the waterlogged open drain in Ghazipur area.

The incident happened on July 31 when the mother and the son drowned in a half-open under-construction drain in a waterlogged street in city's Ghazipur area, after heavy rain lashed in the national capital that evening.

Yesterday, the Delhi Development Authority (DDA) took a stand that the portion of the drain where the incident in question took place fell within the jurisdiction of the MCD.

Today, DDA's counsel, Advocate Prabhsahay Kaur submitted that the stretch of the drain which belongs to DDA is not where the incident occurred. She said that the portion of the drain where the duo fell and drowned has been with the MCD for over a year.

After going through photographs brought on record, the court told MCD's counsel, Advocate Manu Chaturvedi, that some barricading and safety should have been there on the drain which appeared to be dirty and not cleaned for years.

Chaturvedi told court that the MCD is in the process of covering the drain and the same is being cleaned daily.

However, looking at the debris around the drain in the photograph, the court said that merely because MCD is paying money to someone for cleaning the drain does not mean that the work is being done.

“You're paying doesn't mean it is cleaned. There is debris and plastic there. It seems it is not being cleaned for a year,” the bench remarked.

ACJ Manmohan said: “It's not like that they tell you, you tell us. Apply your mind. This debris cannot fall in a day. This waste can't be there for a month or so. It's for years. Whom you're paying? You're paying someone who is not doing the job. Shocking state of affairs.”

The bench also told MCD that the civic body must keep the area barricaded otherwise another tragedy may happen as the city is still witnessing the monsoon season.

Underscoring that some responsibility has to be fixed, the bench said that the incident would have been avoided if the drain was properly covered and barricaded.

“Your officials fly like a bee and sting like a butterfly. You don't have the courage to take action against your officials. There is no brotherly love over here. If they are not performing, you have to pull them up…Don't we dismiss your matters? That's our job. Your officers have become goodie goodies and cannot take any action. Shocking state of affairs in Delhi. No wonder we have dengue and Chikungunya in this city. It will be a wonder if we don't have these diseases in the city,” ACJ Manmohan told MCD's counsel.

He added that the MCD officials are not exercising their supervisory powers and questioned if they really come to office and do work.

“You took over the stretch of the road in April 2023. Since then till July now, what have you done on the stretch? Any officer is supposed to get it cleaned. Your AE, JE, EE has not done it. They are not exercising their supervisory powers. If they have not done it, they should have been shown the door but you've not done it. Why the senior officials are still there?….They think doing work is crime and therefore there is total inaction. Officers are supposed to work. There cannot be an area in the city without anyone's superintendence,” ACJ continued.

The bench also asked why MCD officials were still in jobs when they failed to exercise their supervisory powers in getting the drain cleaned for over a year.

“Will people walk over water? Only MCD officials can be having this blessing that they can walk over water,” ACJ Manmohan remarked.

He added that the fact that the stretch of road is unbarricaded and not cleansed for years is “startling state of affairs.”

Furthermore, the court questioned the Delhi Police on the status of its investigation in the case so far and said that the officers must do the probe thoroughly and properly.

The bench asked Delhi Police's counsel that now that the new criminal laws are in force which make videography of FSL forensic examination mandatory, was the examination of the drain and the area audio and video-graphed?

The court then asked the concerned IO and Deputy Commissioner of MCD to remain present in court after lunch, emphasising that it will start suspending senior officials.

In the post lunch session, the Delhi Police IO and MCD Deputy Commissioner personally appeared before the court.

Chaturvedi admitted that the area in question was not barricading before but the barricading will be completed within 2-3 days.

The MCD official informed court that in October last year, when the site was handed over to the civic body, the condition was worse there and thus, a proposal was made to clean the stretch.

To this, the bench said that the MCD was not challaning anyone who is dumping the waste on the site. As the official said that the waste and garbage comes by Uttar Pradesh side since the site falls in the border area, the bench said:

“Either we don't understand you or you don't understand us. If this is your level of cleaning till June then it is sad state of affairs…. I am sorry but you're forcing us to say this. See the photos, how dirty it is. It cannot be worse than this.”

The court added: “This (dirt) is for months if not years. What you're doing? You're not working. Problem is this. You don't work. And none of your seniors have the guts to take action against you. The whole city has to suffer because of people like you. You don't pull up your subordinate staff. People are dying and you've no concern.… I don't know if any civil society can have such kind of dirt. Till we give you a verbal dose you don't understand. You should have begun with an apology. The problem is you've become so cussed and your seniors don't pull you up at all,” the court said.

The bench also added that it is a fit case where the MCD should be directed to be dissolved.

The Delhi Police informed court that the site in question was inspected by a crime team and that an FIR was registered a day after the incident on the basis of an eye witness, aunt of the deceased, who was also present with the duo.

The police informed court that notices have been sent to DDA and MCD and that liability will be fixed after receiving appropriate responses.

Accordingly, the Court said that the Delhi Police must invoke offence of criminal negligence against erring officials. It further asked MCD to clean and barricade the drain forthwith.

However, it added that the court will not go into the issue if the area in question falls into jurisdiction of the MCD or DDA, adding that it is for the police to investigate.

The bench directed the Delhi Police and MCD to file status reports within 10 days.

The MCD Deputy Commissioner assured court that the drain and area will be cleaned and dirt will be removed. He also undertook that access to drain shall be barricaded.

The matter will now be heard on August 22.

The plea seeks action against the officials of DDA over the alleged negligent acts. It further seeks a direction on the authorities to conduct a comprehensive audit of ongoing drain construction projects in the city and for ensuring that proper safety measures are in place, including signage and warning signs.

Title: Jhunnu Lal Srivastava v. DDA & Ors.