Civic body can't shirk responsibility: Delhi High Court orders ₹9 lakh compensation to senior citizen for water-logging

The Delhi High Court recently directed the Municipal Corporation of Delhi (MCD) to pay compensation of ₹9 lakh to an 80-year-old woman whose house was damaged due to water-logging and flooding during the monsoon [Leela Mathur v. MCD]..The High Court highlighted that it was the duty of the municipal corporation to ensure that there was no water-logging by constructing proper storm water drains. The Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said,“MCD cannot pass the buck to the residents to contend that since the storm water drains are clogged nothing can be done by the MCD. It has, therefore, woefully failed in discharging its duties inasmuch as it has admittedly laid down roads one over the other thereby increasing the height of the roads which ought not to have been done. MCD has also not ensured that there are proper storm water drains in the area so that the rain water can be drained away.".The Court was hearing an appeal by octogenarian Leela Mathur, who was previously awarded compensation of ₹3 lakh by a single-judge in 2010. She sought enhancement of the compensation amount, given that she would have to spend ₹21 lakh on repairing the damage caused by the water-logging.Mathur said that when she had constructed her house in a West Delhi neighbourhood, it was at the same level as the road. However, after reconstruction carried out by the civic body, the level of the road kept rising, which eventually led to the flooding of her house during the monsoon.The senior citizen also stated despite her requests to resolve the issue, the civic authorities chose to pay no heed..On taking note of the Delhi Jal Board's submission that obtaining a sewerage connection alone will not remedy the issue of water-logging, the Court said,"Ensuring that the public drainage system is fully functional, and avoiding the blockage of sediments causing chocking of drain is the prerogative of the MCD. It is unfortunate that not only has the MCD created the issue of water-logging but also exacerbated the situation by not taking appropriate measures to avoid chocking of drains during monsoon."The Bench was not impressed with MCD’s argument that since the colony where Mathur resided was unplanned, and subsequently regularised, the road repairs were on a “as is where is basis”.The “apathy” of the municipal corporation was stated to be “writ large” given the submission that the civic body lacked funds to compensate Mathur. The Bench noted in this regard,“A municipal corporation constituted for the precise purpose of providing basic amenities to the citizens cannot shirk off responsibility on the ground that the society was once unauthorised. It is evident that since then, the government of NCT Delhi has regularised these societies with an aim to include them within the development plans of the city.".Given that MCD was grossly negligent in its conduct, the Court had to step in to do complete justice to the appellant, who would have to incur ₹21 lakh to carry out the necessary repairs, the Bench said.Underscoring that the senior citizen was in her 80s and given the fact that she had been pursuing the case for over a decade, the Court enhanced the compensation previously awarded to Mathur by a single-judge..Senior advocate Akhil Sibal appeared as amicus curiae.Advocates Tushar Sannu and Pooja Gupta represented the MCD, while Advocates Ajjay Aroraa and Anuj Bhargava appeared for the Delhi Jal Board..[Read Order]