$~2 (SDB) * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 18th September, 2026 Uploaded on: 19th September, 2026 # CNR No: DLHC010229652026 + W.P.(C) 7011/2026 SOCIAL JURIST, A CIVIL RIGHTS GROUP .....Petitioner Through: Mr. Ashok Agarwal, Ms Ashna Khan, & Mr. Manoj Kumar, Advocates versus UNION OF INDIA AND ORS .....Respondents Through: Mr Jagdish Chandra CGSC, Ms Maanya Saxena, Adv. for UOI. Mr. Tushar Sannu, Ms. Rajbala, Mr. Vaibhav Tripathi, Ms. Payal Rajput Advocates for MCD Ms. Deepriya Snehi & Ms. Yashika Kaushik, Advs. for R-3. Ms. Prabhsahay Kaur, Standing Counsel. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MANMEET PRITAM SINGH ARORA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present case concerns the waterlogging in the Mahipalpur area which is near the airport. There were severe complaints of waterlogging in this area and detailed submissions were heard on the last date. The images of waterlogging extracted in the previous order are set out below: 3. Vide order dated 25th July, 2026, this Court directed as under: “5. Considering the importance of the location of this area i.e., near the airport and being the access road to the Gurugram area, issue notice in this matter to the Respondents. 6. The Special Task Force as constituted in W.P.(C) 17064/2024 titled ‘Ravinder Yadav v. Govt. of NCR of Delhi & Ors.’ and supervised by the Chief Secretary, Government of the National Capital Territory of Delhi, shall hold a specific meeting for this National Highway and file a report after interacting with all the relevant stakeholders including Municipal Corporation of Delhi, Delhi Development Authority, National Highways Authority of India, Delhi Jal Board, Delhi Metro Rail Corporation and Public Works Department and if required with the GMR Group which is Respondent No.3, for examining the feasibility of constructing a storm water drain in this area to prevent waterlogging. 7. The said meeting shall be held on any date between 3rd August, 2026 to 7th August, 2026. After the first meeting, multiple meetings may be held so that a proper proposal could be placed on record by way of status report by the ld. Counsel for the Government of the National Capital Territory of Delhi by the next date of hearing ” 4. Today, a detailed status report has been placed on record on behalf of the Government of the National Capital Territory of Delhi (hereinafter, ‘GNCTD’) by Mr. Sameer Vashishth, ld. Standing Counsel (Civil), GNCTD. As per the said report, a meeting was convened under the Chairmanship of Chief Secretary, GNCTD on 3rd August, 2026 and all the concerned stakeholders and departments were present in the said meeting. In terms of the said meeting which was held, certain decisions were taken. The relevant observations and directions issued during the said meeting are stated to be as under: “That in compliance with the aforesaid directions, a high-level meeting was convened under the Chairmanship of the Chief Secretary, GNCTD on 03.08.2026 with all concerned stakeholder departments and agencies. The key observations and directions issued during the meeting are as follows: a. It was observed that the effective carrying capacity of the existing drainage network had been compromised postdevelopment works in the Aerocity area, severely impacting discharge into the Najafgarh Drain. b. The Chief Secretary directed that executing agencies of large-scale infrastructure developments must ensure integrated drainage connectivity so that surrounding areas and arterial corridors do not suffer water stagnation. c. NHAI was instructed to conduct technical evaluations and submit a permanent, sustainable drainage proposal in consultation with DIAL and stakeholder departments. d. DIAL confirmed its in-principle commitment to construct a 3.5 km storm water drain along NH-48 from Shankar Vihar to Radisson Circle. e. Pending execution of permanent engineering solutions, all concerned departments were directed to deploy interim mitigation measures, including stationary /PTO pumps and clearing of inlets, to avert waterlogging during the ongoing monsoon.” As per the above Minutes of Meeting, it becomes clear that the drainage network itself stands compromised, due to the development in Aerocity. Further NHAI was instructed to submit a detailed proposal for the drainage in the area after consulting other stakeholders including DIAL. On behalf of DIAL it has been assured that a 3.5 kms storm water drain shall be constructed along NH-48 from Shankar Vihar to Radisson Circle. 5. Subsequently, further meetings have been held between 4th August, 2026 and 7th September, 2026 by the Special Task Force (hereinafter, ‘STF’) constituted by this Court. After perusing the Minutes of all the meetings, it becomes clear in terms of the report submitted by National Highways Authority of India (hereinafter, ‘NHAI’), that NHAI along with the DIAL has proposed the following measures: “That in furtherance of the joint site inspections and technical assessment, NHAI has submitted its Status Report dated 10.09.2026 along with the Concept Report prepared by DPR Consultant M/ s SMEC, proposing the following short-term and long-term measures: 1) Short-Term Measures: a) Provision of pumping stations at Samalkha and Mahipalpur Junction. 2) Long-Term Measures: a) Elimination of the hydraulic choke point 1n Mahipalpur Drain. b) Re-planning of the drainage system of Dwarka Expressway and suitable connectivity to Mahipalpur Drain, subject to hydraulic assessment. c) regular cleaning and desilting of Samalkha Drain. d) Regular cleaning and desilting of Najafgarh Drain to ensure adequate outfall capacity. e) Improvement of the Railway drainage system to prevent uncontrolled inflow towards the Dwarka Expressway tunnel. A copy of the NHAI Status Report dated 10.09.2026 along with the SMEC Concept Report is annexed herewith as Annexure- IV. 6. That NHAI & DIAL respondent 2 & 3 are also directed by the Chief Secretary, Delhi to submit their respectively reply to Hon 'ble High Court of Delhi.” 6. Ms. Deepriya Singh, ld. Counsel appearing for the DIAL submits that DIAL has also appointed a consultant and the report is awaited. 7. On behalf of NHAI, Ms. Srishti Bajpai, ld. Counsel appears virtually and submits that she has been engaged recently and seeks an adjournment. 8. Heard. The extensive meetings which have been held post the last order i.e., on 31st July, 2026, 7th August, 2026, 14th August, 2026, 21st August, 2026, 28th August, 2026 and 7th September, 2026 have resulted in enormous paper work, but on the ground, there appears to be no responsibility fixed as to which job is to be undertaken by which agency or company. No timelines have also been fixed. 9. The callous approach of NHAI in the appearance today before the Court is completely not appreciated in as much as, there is no official present from the NHAI and neither is the Counsel who is appearing virtually, prepared to make any serious submissions. Ld. Counsel who is appearing merely seeks an adjournment on the ground that her firm has been engaged recently. 10. On behalf of DIAL as well, an adjournment is basically being sought after submitting that the proposal for constructing a storm water drain of 3.5 kms was a “good faith proposal” which was made by DIAL. 11. As per Mr. Vashisht, the re-development in the Aerocity area and in the NHAI’s national highway has led to this situation of waterlogging in the Mahipalpur area. It is alleged that there is also substantial traffic congestion in the said area almost on a daily basis. 12. The images of waterlogging at Mahipalpur ought to have evoked a serious response from these agencies. However, there is none as no specific agency is willing to take the responsibility to fix the issue of water logging or traffic congestion. 13. The minutes of the meetings placed on record have allotted certain action to be taken by various agencies but the main proposal, either short term or long term, has come from the NHAI and it appears to be the agency responsible for the said area. 14. The Chief Secretary, GNCTD, accordingly, shall continuously hold further meetings in this regard and by the next date of hearing put up a report as to what is the action both short term and long term to be taken and which agency/entity is responsible for the same. The said decision shall be taken in the next two meetings to be convened by the Chief Secretary, GNCTD by 15th October, 2026. 15. By 30th October, 2026 i.e., the next date of hearing, the agencies to whom the responsibilities have been affixed shall file their status reports as to the steps to be undertaken by them along with a specific timeline. 16. Moreover, the regular waterlogging in the Mahipalpur area as also the traffic congestion in the said area needs to be resolved by NHAI and DIAL on a speedy basis with a proper proposal by the next date of hearing, failing which, the Court would be constrained to pass some stringent directions in this regard. 17. It is made clear that all the responsible officials from all the agencies shall be present on the next date of hearing. Counsels for all the parties in this matter shall appear physically along with competent officials who can take responsibility and answer the questions passed by the Court. 18. A copy of this order be communicated to the office of the Chief Secretary, GNCTD by the Registry for necessary information and compliance. 19. List on 30th October, 2026. PRATHIBA M. SINGH JUDGE MANMEET PRITAM SINGH ARORA JUDGE SEPTEMBER 18, 2026 Jyoti/Rahul/ck W.P.(C) 7011/2026 Page 1 of 2