The waterlogging of Delhi on 26th July was due to multiple failures of the system. Solving the problem requires solutions to various ends.
Author: Md Sami Rahman, College Integrated Law Course Delhi University.
Waterlogging has been a persistent issue in Delhi, exacerbated by rapid urbanisation, inadequate drainage systems, and erratic monsoon patterns. This phenomenon not only disrupts daily life but also poses significant health and safety risks. Addressing waterlogging requires an integrated approach involving urban planning, infrastructure development, and stringent legal frameworks. This article delves into the legal landscape governing waterlogging in Delhi, examining the existing laws, their enforcement, and the challenges therein.
1. The management of waterlogging in Delhi falls under multiple legal instruments, including municipal laws, environmental regulations, and urban planning statutes. Key among these are:
A Delhi Municipal Corporation Act, 1957
The Delhi Municipal Corporation Act (DMC Act) outlines the responsibilities of the municipal bodies in managing drainage and preventing waterlogging. Sections 42 and 43 of the Act mandate the Municipal Corporation of Delhi (MCD) to construct and maintain proper drainage systems. However, enforcement has often been weak, leading to infrastructural gaps.
b. Delhi Development Act, 1957The Delhi Development Act establishes the Delhi Development Authority (DDA), responsible for urban planning and development. The Master Plan for Delhi (MPD) includes provisions for drainage and flood control. The DDA’s role in ensuring that urban development projects incorporate adequate drainage systems is critical in mitigating waterlogging.
c. Environment Protection Act, 1986Under this Act, the Ministry of Environment, Forest, and Climate Change (MoEFCC) and the Central Pollution Control Board (CPCB) regulate activities impacting the environment. Urban flooding and waterlogging fall under the purview of environmental management, necessitating compliance with guidelines on sustainable urban drainage systems (SUDS).
Judicial intervention
The judiciary has played a proactive role in addressing waterlogging through various judgments. Public Interest Litigations (PILs) have been instrumental in compelling authorities to take action.
a. M.C. Mehta v. Union of India (2001)In this landmark case concerning environmental degradation, the Supreme Court emphasised the importance of urban planning and the maintenance of drainage systems. The court directed the MCD and DDA to ensure proper drainage to prevent waterlogging, setting a precedent for future intervention.
b. Delhi High Court OrdersThe Delhi High Court has frequently issued orders mandating the timely desilting of drains and the construction of new drainage systems. In response to a PIL filed in 2018, the court directed the Delhi government to submit an action plan for tackling waterlogging, highlighting the need for inter-departmental coordination.
Challenges in Enforcement
Despite a robust legal framework, several challenges hinder effective enforcement:
a. Multiple agencies, including the MCD, DDA, Public Works Department (PWD), and Delhi Jal Board (DJB), share responsibility for drainage and water management. Lack of coordination and overlapping jurisdictions often lead to delays and inefficiencies.
b. Inadequate InfrastructureThe existing drainage infrastructure in Delhi is outdated and insufficient to handle the increasing volume of stormwater. Encroachments on natural drainage channels and unplanned urbanisation exacerbate the problem. Upgrading and expanding drainage systems require significant financial investments and political will.
c.Maintenance IssuesRegular maintenance, including desilting and cleaning of drains, is crucial to prevent blockages. However, bureaucratic red tape, corruption, and lack of accountability often result in poor maintenance practices. The timely execution of maintenance works remains a persistent challenge.
Recent Developments and Initiatives In recent years, various initiatives have been undertaken to mitigate waterlogging:
a. Yamuna Riverfront DevelopmentThe Yamuna Riverfront Development Project aims to rejuvenate the Yamuna floodplains, enhancing natural drainage and flood control. This project aligns with sustainable urban development principles and has the potential to significantly reduce waterlogging in adjacent areas.
b.Rainwater Harvesting Promoting rainwater harvesting in residential and commercial buildings can reduce the burden on the drainage system. The Delhi government has introduced incentives and regulations mandating rainwater harvesting to mitigate urban flooding.
Conclusion
Waterlogging in Delhi is a multifaceted issue requiring coordinated efforts across legal, institutional, and infrastructural domains. While the existing legal framework provides a foundation, effective enforcement, infrastructure development, and climate resilience measures are imperative. By adopting a holistic approach, Delhi can mitigate the impacts of waterlogging and enhance urban sustainability for its residents.
FAQS
1 What lessons can be learnt from this?
Answer The lessons can be manyfold because Delhi is a unique government module which has benefited but at the
time it seems very difficult in rainy times.There has to be hope that will get away this difficult time.
