loader image

Delhi HC Directs MCD to Build Separator Wall Over Okhla Drain Without Awaiting NOC; Flags Delay in Sewage Treatment Plant Upgrades

Delhi HC Directs MCD to Build Separator Wall Over Okhla Drain Without Awaiting NOC; Flags Delay in Sewage Treatment Plant Upgrades

Court on its own motion v. Union of India & Ors. [Decided on 25-08-2026]

Okhla Drain Separator Wall

In a couple of petitions before the Delhi High Court regarding the issue of waterlogging in the Okhla area, i.e., Abul Fazal Drain, and the upgradation and installation of Sewage Treatment Plants (STP), a Division Bench of Justice Prathiba M. Singh and Justice Manmeet Pritam Singh Arora considered the severity of the issues and directed immediate construction of a separator wall over the said drain while also pulling up the Delhi Jal Board over delayed upgradation of STPs.

The Court recalled that on 28-03-2026, it had directed the Municipal Corporation of Delhi (MCD) to construct a separator wall between the drain and the road with vehicular movement, and to install reflectors as well as lights so the drain would be visible to passers-by and drivers in the evening. The Uttar Pradesh Irrigation Department, submitted that sanction for extension of the Abul Fazal Drain had been applied for with the National Mission for Clean Ganga (NMCG) and that the Irrigation Department intended to start work by 15-09-2026.

MCD submitted that reflectors and lights had already been installed, but the separator wall could not be constructed because the Uttar Pradesh Irrigation Department had not yet issued a No Objection Certificate (NOC). The Irrigation Department sought ten days to give the NOC. The Court examined photographs of the drain and expressed extreme concern about the drain running without protection, noting the MCD had written repeated letters to the Executive Engineer, Head Works Division, Agra Canal, without response. Considering the danger to local residents, the Court directed MCD to immediately construct the separator wall and put slabs covering the open drain without awaiting the NOC, and directed MCD to undertake continuous desilting and cleaning of the drain area, given the litter and garbage observed in the photographs. An updated status report was directed to be filed by MCD by the next hearing date.

Regarding the upgradation and installation of Sewage Treatment Plants (STPs), the Court perused status reports filed by the Delhi Jal Board (DJB), which revealed that 11 STPs required upgradation. Of these, upgradation had been achieved for two STPs, while for the remaining nine, work orders had been issued with completion deadlines ranging from December 2027 to May 2028. The Court also noted a separate table of 26 STPs already upgraded and achieving the latest parameters as per National Green Tribunal (NGT) guidelines. The Local Commissioners raised concerns that treated water was being discharged and mixed again with untreated water. To this, the Court directed DJB to supervise the laying of drains for new STPs and to give top priority to the same. It was noted that the DJB’s overall capacity as on 24-08-2026 stood at 814.26 MGD, with a target of 1041.10 MGD by 31-12-2027. DJB was directed to file a separate updated status report on all STP works by the next hearing date.

ALSO READ: Truck Crashes into Pedestrian Space Meant Exclusively for Walkers; Delhi HC Strikes Down 30% Contributory Negligence Deduction Against Barber Injured on Footpath

Regarding 27 non-conforming areas, the Court noted that redevelopment work in these areas had been pending pursuant to earlier orders, with plans for 25 non-conforming areas submitted to the Delhi State Industrial and Infrastructure Development Corporation (DSIIDC), which forwarded them to MCD, which in turn forwarded them to the Delhi Development Authority (DDA) seeking relaxation of certain master plan norms, however, DDA had not responded, causing a stalemate. The Court held that redevelopment of these areas was essential to prevent untreated sewage from flowing into the Yamuna River and to eliminate waterlogging, and directed the Additional Commissioner (Planning), DDA, to hold a meeting on 31-08-2026 with all authorities to fix timelines for approvals, including laying sewer lines and sewage water drains, while taking a pragmatic approach given that these industrial clusters had existed for decades without proper infrastructure.

Regarding two non-conforming areas without submitted plans, the Court directed DDA, the Ministry of Industries (GNCTD), MCD, and DSIIDC to demarcate the entire area so that a fresh plan could be prepared, after a meeting to be chaired by the Secretary, Ministry of Industries, GNCTD, on 02-09-2026.

Lastly, it was submitted that the issue of Common Effluent Treatment Plants (CETPs) required consideration by the Court, and that a detailed note on the interplay between water pollution and air pollution had already been filed before the Court. However, both issues were deferred for consideration on the next date of hearing.

The matter will now be listed on 25-09-2026.

ALSO READ: ‘No Contractual Lien’: Bombay HC Directs Release of 138 Tank Containers Belonging to Russian Owner

Appearances

For Petitioners – Mr. Zain Haider, Mr. Tanvir Ali

For Respondents – Mr. Ripudaman Bhardwaj (CGSC), Mr. Rajesh Yadav (Sr. Adv), Mr. Sanjeev Kumar Dubey (Sr. Adv), Mr. Kushagra Kansal, Mr. Amit Kumar Rana, Mr. V P Rana, Mr. Subhashhand Budhiraja, Mr. Rajender Parrasad Jain (Director, MSME), Ms. Prabhsahay Kaur (Standing Counsel), Ms. Deeksha L. Kakar (Panel Lawyer), Mr. Aditya Verma, Ms. Sana Parveen, Mr. Nakul (DDA), Ms. Pratima N Lakra (CGSC), Mr. Shailendra Kumar Mishra, Mr. Biraja Mahapatra, Mr. Abhay Singh, Mr. Dinesh Jindal (Law officer DPCC), Ms. Yamini Sharma, Mr. Shah Rukh Khan, Ms. Meghaa Wadera, Mr. Ghanender Singh, Ms. Varsha Banerjee, Mr. Arjun Katyal, Mr. Mahipal Singh, Ms. Ayushi Musra, Mr. Deevanshu Sharma, Dr. S. K Goyal (Scientist G & Chair, CSIR-NEERI, Delhi Regional Centre), Mr. Kapil Midha, Mr Tushar Sannu, Ms Rajbala, Ms Payal Rajput, Mr. VK Singh (AE) Mr. Manish Rajpa, Mr. Astik Jha (AE- DJB), Mr. Rajeev Narang (AE, MCD), Mr. Gaurav Kumar (AE), Mr. Deepak Rohila (SC), Mr. Dhruv Rohatgi (Panel Counsel), Ms Chandrika Sachdeva, Mr Dhruv Kumar, Mr. Vivek Kumar Tandon (Local commissioner), Mr. Hitesh Sharma, Mr. Sudhir Kumar, Mr.

Ashok Kumar, Mr. Ravi Sood, Mr. Sanjay Vig, Mr. K.D. Sharma, Mr. R.N. Sharma, Mr. Suresh Kumar, Ms Varsha, Ms. Nishi, Ms. Pratima N Lakra (CGSC), Mr Shailendra Kumar Mishra, Mr. Shashi Pratap Singh, Ms Anamika Tyagi, Ms. Laqshyaa Saluja, Ms. Sulakshna Kholia (Coordinator for President, Swarna Park Mundaka Industrial Area Association)

PDF Icon

Court on its own motion v. Union of India & Ors.

Preview PDF