Municipal Corporation Constituted For Providing Basic Public Goods Cannot Shirk Off Responsibility By Citing Financial Constraints: Delhi High Court

The Delhi High Court has observed that a Municipal Corporation constituted for the purpose of providing basic public goods amenities cannot shirk off its responsibility by citing financial constraints.

A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad made the observation while pulling up the Municipal Corporation of Delhi (MCD) after a 80 year old lady's house had gone down below the road level due to re constructions, thereby causing damage to the property.

Both the lady as well as the MCD had filed cross appeals challenging an order passed by the Single Judge dated February 12, 2020 imposing costs of Rs.3. Lakhs as compensation on the MCD and directing it to hand over a pump to the old lady to avoid water logging in the house.

As the old woman was appearing in person to argue the matter, the Bench appointed Senior Advocate Akhil Sibal as Amicus Curiae, in order to assist her.

On personally visiting the property, Sibal substantiated the old lady's claim that water logging had destroyed the woodwork of her house, thereby rendering it inhabitable.

He also relied upon the various Status Reports filed by the MCD to argue that the Corporation was prima facie been negligent. It was also submitted that while the single judge had noticed the uncontested estimate of reconstruction of Rs. 12 Lakhs, however, without recording any reason, compensation of only 3 Lakhs was given to the lady.

On the other hand, the MCD had argued that the issue of water-logging was caused as the property in question was not regularised and illegal and that while the corporation had sought to provide solutions, but the lady was adamant on receiving compensation.

The Court was of the view that despite the fact that the roads were constructed one over the other because of which the lady's house had gone about by two and half feet below the road level, the Municipal Corporation was adamant in not bringing down the road level on the ground that it will create problem to other house owners.

"It is admitted fact that other house owners in the area have sold their properties to various other persons who have made fresh constructions which is on the road level. The Petitioner, who is 80 years old, has not been able to re-construct her house," the Bench noted.

It accordingly observed:

"A Municipal Corporation constituted for the precise purpose of providing basic amenities to the citizens cannot shirk off responsibility on the ground that the society was once unauthorised. It is evident that since then, the Government of NCT Delhi has regularised these societies with an aim to include them within the development plans of the city."

The Court further opined that the actions of the MCD had compelled individuals, who did not have the financial wherewithal to raise the level of their house, to sell their houses to builders.

"Considering this, this Court finds no force in the argument of the Ld. Counsel for the MCD that the issue of water-logging has occurred due to the status of the colony. If anything, the MCD needs to ensure that other societies which were "unauthorised" and have subsequently been regularised are provided with the requisite sanitation facilities, functional drainage system, roads, and other similar infrastructural amenities," it said.

"The MCD being such a body, cannot reasonably expect individuals to re- apply for sanction plans, and further build their houses from scratch. It should not be the prerogative of a few, with the requisite financial wherewithal, to enjoy amenities as basic as sanitation, functional drainage systems, and mindfully constructed roads."

The Court observed that it is the duty of the Municipal Corporation to ensure that there is no water logging and proper storm water drains are constructed, adding that the MCD cannot pass the buck to the residents to contend that since the storm water drains were clogged nothing can be done by it.

"The MCD has, therefore, woefully failed in discharging its duties inasmuch as it has admittedly laid down roads one over the other thereby increasing the height of the roads which ought not to have been done. The MCD has also not ensured that there are proper storm water drains in the area so that the rain water can be drained away," the Court said.

Accordingly, the Court enhanced the compensation awarded to the old lady by a sum of Rs. 9 lakhs, rejecting MCD's challenge to the order awarding compensation of Rs.3 lakhs to her.

"This Court expresses its gratitude to Mr. Akhil Sibbal, learned Senior Counsel, who has assisted this Court in every possible manner. He has taken the pain to visit the site and has placed the facts of the case dispassionately," the Court added.

The plea was accordingly disposed of.

Title: LEELA MATHUR v. MUNICIPAL CORPORATION OF DELHI & ANR

Citation: 2022 LiveLaw (Del) 840

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