Delhi High Court Bats For Redevelopment Of 25 Industrial Areas To Prevent Untreated Sewage Flowing Into Yamuna River
The Delhi High Court has directed the DDA to convene a meeting with other authorities over redevelopment of 25 non-confirming industrial areas in the city, observing that the redevelopment work was necessary to ensure that untreated sewage water does not flow into the Yamuna river.
A division bench of Justice Prathiba M Singh and Justice Manmeet Pritam Singh Arora in its order said that the work for re-development of 25 non-confirming industrial areas was to commence pursuant to several orders passed by the Court.
Various agencies, who had to draw up the plans in these colonies had submitted plans in respect of 25 non conforming areas to the Delhi State Industrial and Infrastructure Development Corporation ('DSIIDC'). DSIIDC forwarded the same to the MCD and the MCD has forwarded the same to the Delhi Development Authority ('DDA') with a request for relaxation of certain norms from the Master Plan.
However, the court noted, DDA has not replied to this causing a "complete stalemate" in the work to be undertaken in these 25 non-confirming areas.
DDA said that since new master plan has been announced, whereas the matter was earlier being dealt with under the old Master Plan-2021; thus no work had been done.
"In our considered opinion, the re-development of these areas is absolutely essential to ensure that untreated sewage water does not flow into the Yamuna river and waterlogging is eliminated. This fact has to be appreciated by all the authorities," the court said.
The court thus directed the DDA's Additional Commissioner to convene a meeting on August 31 with all the other authorities and come up with proper timelines as to the manner in which the approvals shall be obtained/granted for the purpose of inter-alia laying down the sewer line and sewage water drain in all these 25 non-confirming areas.
With respect to Samaypur Badli indistrial area, for which plans were not submitted, the court directed the DDA, the Ministry of Industries, Delhi Government and the MCD along with the DSIIDC to consider the documents and "demarcate the entire area" of Samaypur Badli so that the agency i.e., M/s Square Designs can prepare a fresh plan for this area.
The court directed a meeting to be held on September 2 chaired by Secretary, Ministry of Industries, GNCTD, who shall request officials from all the authorities i.e., the DSIIDC, DDA, MCD, M/s Square Design or any other authority, which may be required to participate in the said meeting along with two representatives from the associations of the industries.
The court directed that the agency i.e., M/s Square Design shall then start preparation of fresh plans for re-development of Samaypur Badli within three months.
With respect to treatment of sewage water, the court perused the report of local commissioners and observed that only some part of the sewage is being treated and other parts of the sewage is in fact flowing into the river without treatment. This is to be addressed through setting up of further 13 Domestic Sewage Treatment Plant (DSTPs) with 328.00 MGD capacity for which the detailed project reports are stated to have been prepared and sent to the Namami Gange Project Authority; the court thus asked the Director General, National Mission for Clean Ganga to look into it.
On the Local Commissioners' concern that treated water is being again discharged and mixed with the untreated water, to tackle which drains would have to be laid in respect of the new Sewage Treatment Plants (STPs), the court directed that this aspect shall be given top priority for existing STPs and the newly proposed DSTPs when the tenders are floated and the work shall be supervised by Delhi Jal Board.
On the issue of water-logging in Okhla Area i.e., Abul Fazal Drain, the court perused the images of the drain and said that it was "extremely concerned with the manner in which the drain is running without any protection".
"The open drain without any separator wall or covering can pose a serious safety hazard for the residents and commuters of the area...Considering the danger that the drain could pose to the local residents, this Court directs the MCD to immediately construct the separator wall and put slabs covering the open drain, without awaiting any further 'No Objection Certificate' from the Uttar Pradesh Irrigation Department. The construction of the separator wall and covering on the drain, if required as per law, be commenced immediately by the MCD," the court said. It further directed MCD to regularly de-silt the drain.
Calling for updated status report from DSIIDC, DDA, MCD and the Ministry of Industries, GNCTD the court listed the matter on September 25.
Case title: COURT ON ITS OWN MOTION versus UNION OF INDIA & ORS
W.P.(C) 7594/2018 & Batch