Encroachment of drains widespread, law needed to tackle problem: Delhi CS

The problem of encroachment of drains in the city is so "widespread" that it cannot be resolved without a proper legislative framework, Delhi Chief Secretary Naresh Kumar has said.

Kumar cited the Old Rajinder Nagar incident in which three civil services aspirants drowned in the flooded basement library of a coaching centre.

In his reply to a note of Urban Development Minister Saurabh Bharadwaj on Tuesday, the chief secretary requested him to move the file on drainage plan recommendations for Delhi, including need of a 'Storm Water and Drainage Act for Delhi' so that draft of the legislation could be initiated by the Irrigation and Flood Control Department.

The recommended 'Storm Water and Drainage Act' is proposed to have provisions for penalties on encroachment, dumping of construction, municipal and industrial solid waste in the city's drains.

Kumar in his reply to Bharadwaj, who is also Irrigation and Flood Control (I&FC)Minister, said that the file was pending with him since August 2023.

Citing an MCD report on the Rajinder Nagar incident, Kumar said, "The photos of the site of the unfortunate incident shows as to how storm water drainage system at that place was encroached by the owner/occupier of the building."

"Such a situation exists in whole of the city. In the absence of legislative framework namely 'Storm Water and Drainage Act for NCT of Delhi', such widespread blockage in the storm water drainage system could not be controlled," said the chief secretary.

It is not out of context to mention that a Storm Water and Drainage Act for Delhi, with penal provisions, would have a direct impact on rain water discharge in the city, the chief secretary emphasised.

The MCD report said that property owners in Old Rajinder Nagar constructed ramps and covered the drain with granite and marble leaving no scope for their cleaning and restricting flow of rainwater into it.

Responding to the chief secretary's reply, Bharadwaj said that he confirmed with Irrigation and Flood Control Department's principal secretary that no decision was pending on his part regarding the file.

Bharadwaj said on Wednesday that Kumar has still not explained which decision is still pending on the part of the minister.

"Instead of writing irrelevant things, the CS should send precise answer to my question," Bharadwaj said.
 

He said that the chief secretary was now "claiming" that the irrigation department did not draft the proposed Act despite minister's approval.

It means that after the decision of the minister, the then I&FC secretary has not implemented the decision. The chief secretary is directed to take strict action against the officer, Bharadwaj said in his response.

The minister also sought Kumar's reply in "yes or no" whether he was saying that the MCD could not take action on encroachment on drains and blatant misuse of basements in Rajinder Nagar because there is no law for the same.

"I believe there are enough provisions under DMC Act to take action against those who encroach public land and public utilities. It is all over the media that after the incident, those storm water drains in Rajinder Nagar have been opened by MCD using JCB machines," said the minister.

Similarly, there are enough provisions under DMC Act to seal the buildings which are misusing the basements, he said.

The minister said that the note of the chief secretary was being sent by him to the home secretary of Government of India for "strict action" against him.