Delhi HC slams MCD for open drain deaths, orders immediate action

Admonishing the MCD over the tragic deaths of a woman and her toddler son in Ghazipur by falling into an open drain, the Delhi High Court
A woman, and her 3-year-old son drowned in Ghazipur open drain due to waterlogging
A woman, and her 3-year-old son drowned in Ghazipur open drain due to waterloggingPhoto | X
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NEW DELHI: Admonishing the MCD over the tragic deaths of a woman and her toddler son in Ghazipur by falling into an open drain, the Delhi High Court on Tuesday asserted it would begin suspending Municipal Corporation of Delhi (MCD) officials if the civic body continues to neglect its responsibilities.

A bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela strongly criticised the MCD and the Delhi Development Authority (DDA) for their failure to cover or barricade open drains in east Delhi’s Ghazipur area. This negligence led to the deaths of 23-year-old Tanuja and her 3-year-old son Priyansh, who drowned after falling into an open drain after the area was inundated following heavy rains on July 31.

During the hearing, the bench questioned the MCD deputy commissioner about the incident and remarked that it might recommend dissolving the municipal body because of its ineffectiveness. “The MCD has become a cozy club where you go, have a cup of tea, and come back,” the bench remarked sharply. “I can guarantee that if this man (MCD deputy commissioner who was present in court) doesn’t come to office, it will make no difference on the ground situation.”

Expressing frustration, the court highlighted the lack of meetings within the MCD, asserting that this hampers budget approvals and overall functionality of the civic body. “There is no date for a cabinet meeting, no date for a standing committee meeting. How will the budget get sanctioned if the cabinet and standing committee meeting is not happening?” the bench questioned.

In response to the tragedy, the court ordered the MCD to clear the area and construct barricades to prevent future accidents involving open drains. Additionally, Delhi Police and DDA were instructed to submit status reports in the matter.

The court made it clear that it would not adjudicate whether the area of the incident falls under the MCD or DDA jurisdiction, as it is under police investigation. However, the bench emphasized the need to charge the responsible officials with criminal negligence.

This ruling came in response to a plea filed by one Jhunnu Lal Srivastava, who sought accountability from DDA and MCD officials for their failure to cover the drain. Delhi Police reported that the victims fell into the drain as the street was waterlogged which reduced visibility, adding that the dead bodies were discovered nearly 150 meters downstream.

The Delhi government and civic authorities have since engaged in a blame-game, with the government accusing the DDA and the L-G of neglect, while L-G VK Saxena and the opposition BJP pointed fingers at the AAP-controlled MCD.

The court also expressed dissatisfaction with the police probe, noting that merely sending notices to civic authorities is insufficient. The bench called for more decisive action, including seizing relevant files and interrogating accountable officials. However, it remains to be seen whether these stern warnings translate to any tangible improvements in the city’s civic management.

Court seeks DDA, police report on open drains

The high court said authorities ought to have covered or barricaded open drains, questioning how many lives should be lost before they understood the gravity of the situation. “How can it be unbarricaded? You think people will walk over water?” the court remarked. The court ordered the MCD to clear the area and construct barricades to prevent future accidents, while asking the DDA to file a status report.

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