Supreme Court Sets Aside Delhi HC Order For New Sewer Line Across AIIMS To Tackle Waterlogging In Green Park Extension Area

Observing that Constitutional Courts cannot take over administrative roles of authorities, the Supreme Court recently set aside a Delhi High Court order which issued directions for laying down of a new sewer line across AIIMS premises to control the waterlogging in Green Park Extension and surrounding areas in the national capital.A bench of Justice Sanjay Kumar and Justice K Vinod Chandran passed the order, stating,"The writ petition is still pending before the High Court but we are of the opinion that the High Court exceeded its jurisdiction by stepping into the shoes of the authorities concerned and taking upon itself the responsibility of coming up with a solution. The impugned interim order dated 18.06.2025 is, therefore, set aside."To recap, while dealing with the plea of respondent-Shailendra Bhatnagar, relating to the waterlogging problem in Green Park Extension and surrounding areas, the High Court issued the impugned directions in June last year. It was observed that the new sewer line was required to be laid across AIIMS Residential complex, considering the required extent of land and the overarching public interest involved in the matter.After a joint meeting among the authorities to ascertain the feasibility of providing NDMC land within AIIMS premises for laying down the sewer line, the Delhi Jal Board informed the Court that the proposed sewer line across AIIMS would not be more than 200 metres long and would require only 130 metres of land within the said premises.Assailing the High Court order, AIIMS moved the Supreme Court. In October last year, the top Court stayed the same. After hearing the Union of India, Govt of NCT of Delhi, Delhi Jal Board, Delhi Municipal Corporation, and Delhi Metro Rail Corporation Ltd., the appeal was finally allowed. The Court directed the respondent-authorities to jointly apply their mind towards resolution of the issue, while taking all stakeholders into confidence.In the order, the Court acknowledged the problems being faced by residents of Green Park extension and surrounding areas in terms of shortage of drainage facilities. However, it opined that it is for the authorities to address the problem by taking necessary steps."It is not for the Courts to step in so as to deal with and administer issues such as this. The Government/authorities concerned would have to discharge their obligation to the people by addressing such problems as and when they arise.Neither a High Court exercising jurisdiction under Article 226 of the Constitution of India nor this Court, exercising power under Article 136 of the Constitution, ought to step into the shoes of administrative bodies so as to resolve the problems faced by those living in overcrowded colonies with inadequate infrastructural facilities by coming up with remedial measures."The Court further added that it for the authorities to report to the High Court within reasonable time as to what solution they have devised. It also underlined the urgency of the situation as monsoon season is approaching, which would compound the problem of waterlogging due to shortfall in drainage facilities and risk health hazard.Ultimately, the High Court was requested to take up the matter on July 20, when the authorities shall report on what solution they have devised and the steps taken/proposed to be taken to implement it. The order stated that the High Court shall be at liberty to monitor the progress of such implementation.Case Title: ALL INDIA INSTITUTE OF MEDICAL SCIENCES v. SHAILENDRA BHATNAGAR, SLP(C) No. 29481/2025Citation : 2026 LiveLaw (SC) 511Click here to read the order

Supreme Court Sets Aside Delhi HC Order For New Sewer Line Across AIIMS To Tackle Waterlogging In Green Park Extension Area

Debby Jain

Courts cannot step into the shoes of administrative bodies, the SC reminded.

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Supreme Court Sets Aside Delhi HC Order For New Sewer Line Across AIIMS To Tackle Waterlogging In Green Park Extension Area

Debby Jain

Courts cannot step into the shoes of administrative bodies, the SC reminded.

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

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