Delhi High Court directs State to look into MCD’s financial crunch

The Delhi High Court on Friday directed the Delhi government to look into the finances of Municipal Corporation of Delhi (MCD) after it was informed that the municipal body was facing financial crunch [Maharani Bagh Co-Operative House Building and Welfare Society Ltd & Anr Vs Union of India & Ors].  

MCD Commissioner Ashwani Kumar told the Court today that it does not have funds to carry out Court's directions regarding covering of flood chambers and barricading of drains.

The Division Bench of Justice Prathiba M Singh and Justice Manmeet Pritam Singh Arora was hearing a suo moto case concerning flooding at a residential colony in Delhi.

“In the opinion of this court, the financial condition of MCD needs to be looked into by the Government of NCT of Delhi and for this a meeting shall be held. A report shall be filed on the next date of hearing,” the Court directed.

The Court was informed today that as previously directed, perforated drains have been created to prevent flooding. 

However, MCD’s budget constraint was acting as a major impediment in barricading drains, the Bench was told.

The Court noted the same in its order.

“Barricading of the drain was to be completed by November 30. It is clear that the budget constraint is the major issue that is proving to be an impediment for covering flood chambers and barricading. This can have an adverse impact on the residents and safety of children and senior residents. This drain runs through the whole colony and needs to be barricaded and covered on urgent basis,” the Court stated. 

The MCD Commissioner told the Court that the municipal body is trying its best to mobilise its resources.

“₹1-1.5 crores is required for this exercise. MCD is reeling under finance [shortage] not in this case, but in general. We are trying level best to mobilise our resources. We are stretching ourselves. The Finance Commission had to be set up, that has not been set up. ₹15,791 crores are the total dues,” he submitted.

The Court eventually directed the MCD to raise a tender and complete covering and barricading the drains in three months. 

“Literally we have to handhold you at every step. It is so difficult,” Justice Singh remarked.

Further, the Court also deprecated Delhi Jal Board (DJB) for belatedly raising concern about two major pipes passing through a site where the drains had to be reworked.

“You were sleeping al this time? The DJB has been careless to say the least. No objection was ever raised by DJB earlier. The DJB and MCD are to work with each other instead of raising issues against each other in court,” the Court stated. 

The matter will be heard next on December 19.

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