Delhi HC to Hear Plea Over Fatal Open Drain Incident in Ghazipur

The Delhi High Court on Monday scheduled a hearing for August 6 on a plea regarding the deaths of a mother and her son who fell into a waterlogged open drain in Ghazipur. This follows the DDA’s statement that the drain portion where the incident occurred falls under the MCD’s jurisdiction.

The petitioner’s counsel stated that an application has now been filed to make the Municipal Corporation of Delhi (MCD) a party to the plea. Initially, it was “locally” known that the drain was maintained by the Delhi Development Authority (DDA). However, recent reports indicate some “back and forth” over the drain’s ownership, according to the lawyer.

“If you are unsure, you make both of them parties… We will have it tomorrow. Get your impleadment application listed,” said a bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela.

Tanuja (22) and her son Priyansh (3) drowned in a half-open, under-construction drain on a waterlogged street in east Delhi’s Ghazipur area during heavy rains on the evening of July 31. The incident occurred around 8 p.m. near the Khoda Colony area. When their bodies were retrieved, the woman was still holding the toddler, police said. They were taken to Lal Bahadur Shastri Hospital, where doctors declared them dead, a police officer reported.

On August 4, the DDA, headed by the Lieutenant Governor (LG), stated that the open drain was transferred to MCD on April 13 and is entirely under its jurisdiction. The DDA’s counsel told the high court that the drain is divided into two parts, with one part under the DDA’s jurisdiction and the other under the MCD.

“The part in our jurisdiction has been covered. It has no holes whatsoever. The part where MCD has jurisdiction remains somehow open,” he said. A GPS survey has been conducted to show where the DDA drain starts and its condition.

The petitioner’s counsel emphasized the need for a “solution-oriented approach” rather than a “blame game.” Regardless of whether the drain is under the MCD or DDA, authorities must ensure the drains are barricaded.

The PIL, filed by Jhunnu Lal Srivastava, a resident of Mayur Vihar Phase 3, seeks action against the contractor and DDA officials for alleged negligence leading to the deaths of the woman and her son.

The petitioner also seeks compensation for the deceased’s family and a comprehensive audit of all ongoing drain construction projects in Delhi, demanding proper safety measures at all such sites, including barricades, warning signs, and adequate lighting. The plea has also requested the city police to lodge an FIR and initiate an investigation into the incident.

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