The Delhi High Court on Thursday directed the removal of structures blocking a drain in southeast Delhi and said it was a "shame" people lived in such conditions in the national capital.
A bench of Justices Prathiba M Singh and Manmeet PS Arora observed monsoon on the anvil and stressed on clearing Taimoor Nagar drain of blockages to make it functional at the earliest to avoid "flooding" in various colonies in the area.
"It is a shame that we are living in Delhi in this condition. Monsoon is just one month away. Anything, including jhuggi jhopri clusters and colonies, which comes in the way of free flow of water in the drain will be removed. This drain has to be cleaned and laid within the next one month," the bench said.
A colony falling on a drain cannot be regularised, it added.
The bench examined a topographical survey and alignment plan of the drain submitted by the chairperson of the special task force (STF).
The court found a "substantial unauthorised encroachment" in the entire width of the drain owing to the "complete neglect" by the authorities, including Delhi Development Authority, Delhi government, Municipal Corporation of Delhi and Delhi Jal Board.
"This building has to go. It is encroached, unauthorised, constructed on a drain and on public land. It cannot be allowed to stay. Larger public interest has to be given way," the court said.
The alignment of the drain, it said, was approved by the authorities and directed the STF to immediately start the work for laying of the drain.
"Any obstructions which come in the way of the construction of the drain, which is for the larger interest of all the inhabitants of the area, shall be removed...The free flow of the Taimoor Nagar drain is absolutely essential to avoid flooding in various colonies in the south Delhi area," it said.
It further ordered any regularised colony cannot be permitted to expand on a drain, public path, highway or a road, meant to enable movement of traffic and people.
The functioning of this drain is absolutely essential for the movement of people and traffic in the entire area which covers various residential colonies, hospitals, ring road and other important areas of Delhi, it said.
The court directed the additional chief secretary of Delhi government's Irrigation and Flood Control Department to hold a meeting with the authorities on April 23 for removal of the obstructions and lying of the drain.
The plan should be placed before the court on April 28, it said.
Advocate Prabhsahay Kaur, representing the DDA, said the area where the Taimoor Nagar drain would have to be constructed fell in Zone O and in the Yamuna flood plain, therefore, no unauthorised colony would be permitted to occupy the land and no rights would be conferred to such occupants.
The counsel for intervenors, who are occupants of a building abutting the drain, said there were several other similarly created constructions on the drain and the same treatment ought to be meted out to them.
"There cannot be any occupation, habitation, residences built on a drain. Such a position would not be acceptable in the court as much as if the free flowing drain is not created, it can cause enormous destruction to life and property especially during the monsoons," the court said.
The photographs on record indicated to the court that the drain was completely obstructed by the buildings constructed on it.
The court was hearing suo motu petitions on water-logging and rainwater harvesting aside from traffic snarls in the national capital during monsoon and other times.
Several Delhi residents, including lawyers, raised issues over flooding of roads, homes and offices after rains due to clogged drains.
