Delhi Govt Needs To Look Into MCD's Financial Condition: High Court Directs Meeting Between MCD Commissioner & Chief Secretary

The Delhi High Court on Friday (December 5) asked the Delhi Government to look into the financial crunch faced by Municipal Corporation of Delhi and directed that a meeting be held between MCD Commissioner and the Chief Secretary to try resolve the issue.

The court was hearing a plea concerning drainage and flooding issues at Maharani Bagh area.

After hearing the matter for some time a division bench of Justice Prathiba Singh and Justice Manmeet Pritam Singh Arora in its order dictated:

"In so far as covering of the third chamber of the drain and barricading of drain is considered, the same was to be completed by November 30. However the status report of MCD...it is clear from the above that budget constraints is the major issue which is impediment for covering of third chamber and barricading. This can have an adverse impact on local residents as also their safety including safety of children and senior residents. This drain runs through the whole colony and needs to be barricaded and covered on an urgent basis. Mr Ashwani Kumar the Commissioner MCD who has joined the proceedings virtually informs the court that amount required for covering drains Rs. 1-1.5 crores has been arranged and the said work shall be completed by three months. The Superintendent Engineer has assured the court that work would commence immediately after floating of tender and within three months the entire work will be completed".

The court listed the matter on December 19 for submitting a report on as to whether the tender of this work has been floated or not.

"Literally we have to handhold you at every step. This is so difficult," the court orally remarked.

The court further said:

"We have made an enquiry from Mr Ashwani Kumar as to arrangement of funds from GNCTD. There are various figures given to the court orally. Mr Sameer Vashisht is also present. In the opinion of this court the financial condition needs to be looked into by GNCTD. And for this purpose let a meeting be fixed between Commissioner MCD and Chief Secretary to try resolve at some part of the fund crunch which the MCD is facing. A report in this regard be also filed".

During the hearing the counsel for the Maharani Bagh cooperative society said, "We are facing now an issue...whenever MCD attends they say we do not have budget...Drains have been cleaned I am told that approx 1.4 crore for covering...Stench is so great that even when officers attend the meeting they remark as to how do you people are functioning in this colony...to compound it with all this pollution...it is unliveable. 'A class colony' is now A class slum. We are paying taxes for A class colony".

At this stage the court orally asked the Commissioner of MCD who was appearing, if the MCD will be providing the budget for covering of the drains.

"We would be able to manage it. But MCD is reeling under severe financial distress...generally. We are trying our level best to mobilize our resources. We are stretching ourselves...," he submitted.

In its previous order the court had sought a status report from PWD along with photographs of the actual perforated drains which have been created by the next date of hearing. The court had also directed that this work be carried out on an urgent basis. The court had also directed the MCD to inform on progress of construction of the Fixed Compactor Transfer Station. This station receives, compacts, and loads municipal solid waste into large, detachable containers for transport to landfills.

With respect to Fixed Compactor Transfer Station (FCTS) the court was told today that the Delhi Jal Board has raised concerns about two major pipelines passing through where FCTS is to be located.

The court thereafter said, "The Delhi Jal Board has been careless to say the least. The issue of FCTS has been discussed in the last two three hearings in the presence of DJB. No objection was ever raised by DJB. Moreover task force also consists of DJB members who have also not cared to look at the site where FCTS is located. So far as pipeline of DJB is concerned, the DJB and MCD shall work together to ensure that no damage is caused to pipeline and cooperate with each other instead of raising grievances in court. MCD shall continue the work of FCTS and file a report".

The matter is now listed on January 30, 2026.

Case title: MAHARANI BAGH CO-OPERATIVE HOUSE BUILDING AND WELFARE SOCIETY LTD., & ANR. V/s UNION OF INDIA& ORS.

W.P.(C)-13190/2024