HC summons PWD officials over non-compliance

New Delhi: Irked by non-compliance of its order to clean up the Kushak drain under the Barapullah flyover, the Delhi High Court on Thursday directed all PWD officials concerned of AAP government to appear before it and explain why action has not been taken against them.

A bench of Chief Justice Rajendra Menon and Justice V K Rao directed that all the Public Works Department (PWD) officials who were responsible for ensuring compliance of its September 27 order, to clean up the drain, be present in court on November 27 morning. 

"The officials of the authorities responsible should be present before us on November 27 to explain why action has not been taken against them for non-compliance of court orders," the bench said. 

The direction came after a resident of the area adjoining the Kushak nullah showed to the court the photographs of construction debris heaped inside the drain.  

Initially, Delhi government's additional standing counsel Naushad Ahmed Khan disputed the correctness of the photographs and showed the court, pictures taken by PWD officials of a cleaner drain. 

However, as the bench proceeded to appoint a commission of lawyers to inspect the site and ascertain the factual position, Khan conceded that the photographs shown by the resident, Manjeet Singh Chugh, were correct. 

While the issue of cleaning up the drain was taken up on its own by the court in 2012, after debris and garbage in Kushak nullah had led to water-logging of South Extension-II and surrounding areas during monsoons, Chugh moved a plea in 2016 seeking contempt action against the officials concerned for not complying with high court's orders on the issue. 

The court since 2012 has been issuing directions from time to time to clean up the drain. The PWD has on several occasions in the past few years assured the court that it will clean the drain of all garbage and construction debris after construction of the Barapullah flyover is completed. 

However, the deadline for completion of work kept getting extended even as residents of the areas, especially South Extension-II, near the nullah complained of water-logging in their colonies during monsoon due to garbage and debris in the drain. 

In its last order of September 27, the bench had termed the condition of the Kushak drain as "unacceptable" and "deplorable" and directed the PWD to clean it up to ensure it does not become a mosquito breeding ground. 

It had also ordered PWD that water in the drain to be treated and proper filtration system be installed in the 'nullah' before handing it over to the local municipal corporation.