Introduction:

In the matter titled Court on Its Own Motion v. Government of NCT of Delhi & Ors., W.P.(C) 7594/2018 and W.P.(C) 9617/2022, the Delhi High Court comprising Justice Prathiba Singh and Justice Manmeet Pritam Singh Arora expressed strong concern on December 5th after being informed of the shocking absence of basic civic infrastructure such as drinking water supply, storm water drains, sewage lines and Common Effluent Treatment Plants (CETPs) in the Mundka Industrial Area of Delhi, while hearing a batch of petitions and a suo-motu PIL initiated after the Court took cognizance of a 2022 Times of India article highlighting waterlogging issues and the failure of sewage systems in Delhi, particularly in industrial clusters. The Court was astonished to learn that in an area hosting hundreds of industries and thousands of workers, drinking water is sourced only through tankers while sewage is pumped out through privately engaged machines, often dumped at the outskirts, contributing to severe environmental pollution and deterioration of the Yamuna’s ecosystem.

Arguments of Petitioner and Respondents and Stakeholders:

During the proceedings, the Delhi Jal Board (DJB), Delhi State Industrial and Infrastructure Development Corporation (DSIIDC), the Municipal Corporation of Delhi (MCD), industrial associations and government agencies were engaged in explaining the reasons for the failure of basic facilities. Counsel appearing for various associations and agencies submitted that Mundka had no civic network for sewage or storm water management, attributing the problem to the lack of surveys, disputes among industrial associations and delays in signing mandatory agreements with DSIIDC, which is the nodal agency for redevelopment of 27 non-conforming industrial clusters in Delhi. The petitioner-side and public interest groups argued that the complete collapse of infrastructure violates fundamental rights under Article 21 of the Constitution, as workers and residents are compelled to rely on tanker water with high TDS levels and live amidst untreated sewage and industrial waste. They emphasized that industries are functioning without environmental safeguards, resulting in illegal dumping and burning of toxic waste that aggravates air pollution. They also submitted that repeated delays by the DSIIDC, failure of industrial associations to cooperate in redevelopment surveys, and lack of monitoring by the government departments have collectively created a dangerous situation where environmental damage, worker exploitation, and civic neglect co-exist, making the industrial cluster unfit for human occupation as well as industrial functioning. On the other hand, counsel for the Government of Delhi and DSIIDC argued that surveys for redevelopment are already underway and that private agencies have been appointed to assess infrastructure gaps and prepare redevelopment plans. They submitted that of the 27 industrial clusters, surveys in many have been completed, and for Mundka Swaran Park and Shahdara Industrial Area, survey work is progressing satisfactorily. They further contended that in Mundka Phirni Industrial Area, progress was obstructed due to disputes among two associations, with one refusing to sign the Memorandum of Understanding required to begin surveys. Government counsel also explained that funds for survey plan processing would be handled by DSIIDC directly, with commitments already made to release payments to MCD, and argued that they are taking steps to ensure compliance with earlier Court directions. The Delhi Jal Board counsel stated that drinking water is available in some pockets and promised to verify supply issues in industrial clusters. However, extensive arguments highlighted the systemic failures that allowed industrial clusters to grow without any planning, and how lack of CETPs and drainage adds to the pollution load in Delhi.

Court’s Judgment:

After hearing all sides, the Delhi High Court expressed grave displeasure, remarking orally, “How is it possible that you don’t have basic storm water drains, sewage and water?” and observed in its order that it was unacceptable for any area in the capital city, especially one housing numerous industrial units and thousands of workers, to function without drinking water, drainage, sewage lines or CETPs. The Bench held that such systemic failure not only endangers public health but also contributes to untreated waste flowing into the Yamuna, violating previous Court orders on river cleaning and environmental protection. The Court noted that in Mundka, drinking water is supplied only through tankers while sewage is drained using private pumps, with no regulated disposal mechanism, leading to indiscriminate dumping and burning of collected waste at the outskirts. The Court highlighted that such practices directly increase air and ground pollution, threatening environmental balance. Taking a firm stance, the Court directed the Mundka Industrial Welfare Society (MIWS) to immediately sign the Memorandum of Understanding with DSIIDC so that pending surveys could commence without delay. It issued notice to the President of the Mundka Welfare Udyog Nagar Association for failing to cooperate in the process and directed that surveys in the Mundka Industrial Area must commence immediately and be completed expeditiously. The Court further directed that for the Anand Parbat Industrial Area, the SDM and officials from the Department of Industries must send nominees to conduct joint surveys and demarcate boundaries without delay. As for financial issues, the Court recorded that DSIIDC agreed to bear the entire cost of processing redevelopment plans and directed that private agencies must obtain signatures of industrial associations on survey plans directly at the MCD office, ensuring seamless submission. The Court further held that release of funds should not be withheld for the purpose of obtaining signatures and mandated that all survey plans must be submitted to MCD by December 20, with DSIIDC releasing payments by the same date. The Court reiterated that non-compliance with its directions would invite contempt proceedings. Emphasizing urgency, the Bench noted that the revival and redevelopment of Delhi’s non-conforming industrial clusters cannot be delayed further because these areas contribute significantly to the pollution load, health hazards and infrastructural breakdowns in the capital. The matter is now listed for further monitoring on December 19.