The Delhi High Court on Thursday came down heavily on authorities for the dismal state of the Taimoor Nagar drain in southeast Delhi, directing immediate removal of structures obstructing its flow. The court remarked it was a “shame” that such conditions persisted in the national capital.

A division bench of Justices Prathiba M Singh and Manmeet PS Arora, noting the upcoming monsoon season, stressed the urgency of clearing the drain to prevent flooding in nearby colonies.

“It is a shame that we are living in Delhi in this condition,” the bench said. “Monsoon is just a month away. Anything—be it jhuggi-jhopri clusters or colonies—that obstructs the free flow of water will be removed. The drain must be cleaned and laid within the next month.”

The bench made it clear that colonies built on drains cannot be regularised.

After reviewing a topographical survey and alignment plan submitted by the chairperson of the Special Task Force (STF), the court observed widespread unauthorised encroachments along the full width of the drain, attributing the situation to “complete neglect” by authorities including the Delhi Development Authority (DDA), the Delhi government, the Municipal Corporation of Delhi (MCD), and the Delhi Jal Board (DJB).

“This building has to go. It is encroached, unauthorised, and built on a drain and public land. It cannot be permitted to remain. Public interest must prevail,” the court stated.

The court affirmed that the alignment of the drain had already been approved and directed the STF to begin work without delay. “Any obstruction to the construction of the drain must be removed. Ensuring the free flow of the Taimoor Nagar drain is critical to avoid flooding across south Delhi colonies.”

The court also clarified that no regularised colony would be allowed to expand onto a drain, public path, road, or highway intended for movement of traffic and pedestrians.

“The functioning of this drain is vital for the entire area, which includes residential colonies, hospitals, Ring Road, and other key parts of Delhi,” the bench said.

To expedite the process, the court directed the Additional Chief Secretary of the Delhi government's Irrigation and Flood Control Department to convene a meeting with all concerned authorities on April 23 to coordinate obstruction removal and laying of the drain. A detailed plan is to be submitted before the court by April 28.

Advocate Prabhsahay Kaur, appearing for the DDA, told the court that the area designated for the drain falls within Zone O and the Yamuna floodplain, and thus no unauthorised colony can legally claim rights over the land.

Meanwhile, counsel for some intervenors—residents occupying buildings adjacent to the drain—argued that several similar constructions exist and should be treated equally.

The court firmly responded: “There can be no occupation, habitation, or residences built on a drain. The court cannot accept such a scenario, as failure to restore the drain’s free flow could lead to devastating consequences during the monsoon.”

Photographic evidence submitted to the court clearly showed that buildings had completely obstructed the drain.

The matter is part of a suo motu case concerning waterlogging, rainwater harvesting, and traffic congestion during monsoon and other times in Delhi. Multiple residents, including members of the legal community, had raised concerns about flooded roads, homes, and workplaces due to blocked drains.