Today, On 6th August, The Delhi High Court criticized the Municipal Corporation of Delhi (MCD), remarking that it appears they consider doing their job a crime. This comment was made during a hearing of a Public Interest Litigation (PIL) concerning the tragic incident on July 31, when a mother and her three-year-old son died after falling into an open drain in Mayur Vihar.
New Delhi: In response to a public interest litigation regarding the tragic deaths of a woman and her three-year-old son on July 31, who fell into an open drain in Delhi’s Mayur Vihar, the Delhi High Court demanded video evidence from the investigating officer, in accordance with new criminal laws.
The court also severely criticized the Municipal Corporation of Delhi (MCD) for their negligence, urging them to launch an immediate vigilance inquiry.
The court, presided over by acting Chief Justice Manmohan and Justice Tushar Rao Gedela, summoned the investigating officer and the relevant deputy commissioner of police to appear post-lunch.
The Delhi Development Authority (DDA) stated that although the bodies were found in a drain within its jurisdiction, they actually fell into the drain managed by the MCD. This prompted acting Chief Justice Manmohan to question the persistence of such jurisdictional “blackholes.”
The Delhi Development Authority (DDA) informed the court that in April 2023, it had transferred part of the drain and the adjoining road to the Municipal Corporation of Delhi (MCD). Upon reviewing site photographs, the court expressed astonishment at the extent of garbage and questioned the lack of barricades around the drain.
Acting Chief Justice Manmohan voiced concerns, scrutinizing the MCD’s role in the issue, he remarked,
“Why can’t this place be cleaned up? Covering the drain will cost over Rs 5 crores. What has the contractor responsible for maintaining the drain done? Why wasn’t it barricaded, and why is it so dirty? The construction and demolition debris there seems untouched for a year. This neglect has been ongoing for years,”
The court strongly criticized the MCD’s handling of the drain maintenance, questioning the effectiveness of their oversight and the accountability of their contractors.
Acting Chief Justice Manmohan remarked,
“Who are you paying? You are paying someone who is not doing their job. You must get this area barricaded. If there is another shower, there will be another incident. The DDA and MCD are fighting among themselves. You have a vigilance department in MCD; have you asked them to verify the bills of the contractor? Are you paying for getting work done or for not getting work done? You are asking us to take extreme steps because you lack the courage to act. Your officers have become complacent. Look at the shocking state of affairs; no wonder we have dengue and chikungunya. These photographs are shocking.”
He continued,
“Your senior officers are not exercising their supervisory power. I don’t know if your office staff actually works. Look at the waste lying there. Since April 2023, what have you done on this stretch of road? Your AE, JE, EE have not done their jobs. If they didn’t, they should’ve been dismissed. Why aren’t senior officers taking action? They think doing work is a crime. Virtually in every matter, there is a blackhole in the city. No one takes action against each other. It’s not supposed to be a cosy club. Lives are being lost due to negligence. Two lives had to be lost to understand the gravity. Every day we are losing lives due to negligence.”
The matter scheduled for further hearing in the afternoon session.
The plea also sought to hold the contractor responsible for the drain accountable and called for a thorough audit of ongoing drain construction projects, including flood mitigation efforts. Petitioner Jhunnu Lal Srivastava further urged the respondents to develop and implement policies to address and mitigate flood-like situations in Delhi due to rainfall and to immediately cover all open drains in Delhi, with proper signage warning the public to stay away from the drains.
A tragic incident occurred in which a 22-year-old woman named Tanuja and her 3-year-old son Priyansh lost their lives after falling into a drain. Following the incident, the Delhi government accused the DDA and the Lieutenant Governor (LG) of failing to maintain the drain properly. In contrast, the LG and the Bharatiya Janata Party (BJP) shifted the responsibility to the Municipal Corporation of Delhi (MCD), which is overseen by the Aam Aadmi Party (AAP) government.
The Delhi Police informed the Court that the victims fell into the drain due to waterlogging, and their bodies were found approximately 150 meters downstream.
The Court expressed dissatisfaction with the police investigation, noting that the police had only been issuing notices to the civic authorities without taking substantial action, such as seizing relevant files or interrogating the officials involved.