H S Sharma v. Govt. of NCT of Delhi and Ors

O R D E R %

17.11.2025

¶1The present writ petition has been filed seeking directions to the Delhi Jal Board ("DJB"), as well as the Municipal Corporation of Delhi ("MCD"), to restore and reconnect the water and sewer pipeline of the petitioner's The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. premises, situated at Lower Ground Floor, P-5, South Extension Part-2, New Delhi-110049.

¶2When the matter was listed for hearing on 15th October, 2025, the following order came to be passed: "1. Pursuant to the notice issued on 13th October, 2025, learned counsels have put in appearance on behalf of the respondents.

¶2Learned counsel appearing for respondent no. 3, i.e., Delhi Jal Board ("DJB"), submits that with regard to the permission sought by the petitioner for road cutting, the same shall be processed expeditiously, in accordance with law.

¶3She further submits that as regards the repair work of the sewer and water line is concerned, the petitioner would have to engage the services of a plumber who is registered with the DJB.

¶4She submits that the details with regard thereto can be obtained from the website of the DJB.

¶5Learned counsel appearing for respondent no. 2, i.e., Municipal Corporation of Delhi ("MCD") submits that the petitioner has a private dispute with Mr. Pradeep Dayma, who is the owner of the upper ground floor of the property in question.

¶6He draws the attention of this Court to the various averments made in the petition, in this regard. He further submits that since tile work has been done by the petitioner in the lower ground floor, which is under his occupation, seepage is bound to occur, especially when there is no water proofing process having been undertaken by the petitioner on the said lower ground floor.

¶7He further submits that the officials of the MCD had inspected the premises of the petitioner and no water accumulation was found therein.

¶8Having heard learned counsels for the parties, this Court is of the view that Mr. Pradeep Dayma, the occupier of the upper ground floor, is a necessary party in the present petition.

¶9Accordingly, Mr. Pradeep Dayma, owner of the upper ground floor of the property in question, is impleaded as respondent no. 4 in the present writ petition.

¶10Issue notice to the newly impleaded respondent no. 4, upon filing of Process Fee.

¶11Let Amended Memo of Parties be filed by the petitioner within a period of ten working days.

¶12Considering the submissions made before this Court that the newly impleaded respondent no. 4 is creating obstruction in the repair work sought to be carried out by the petitioner for repairing the water pipe line and sewer pipe line, it is directed that the repair work shall be allowed to be carried out by the petitioner, which shall be carried out through the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. registered plumber of the DJB.

¶13Accordingly, the petitioner is granted liberty to engage the registered plumber of the DJB for carrying out the requisite work, including, connecting the sewer line of the petitioner with the main sewer line, which is closest to the premises in question.

¶14In case of any obstruction by respondent no. 4 in this regard, the petitioner shall be entitled to seek assistance from the local police.

¶15Re-notify on 17th November, 2025."

¶3Today, learned counsel appearing for the petitioner submits that the DJB has already restored the water and sewer line.

¶4However, he submits that de-silting and cleaning of the drain has to be carried out by the MCD, located outside the premises of the petitioner.

¶5Learned counsel appearing for the petitioner submits that the strong water drain walls are also broken and that the same needs to be restored by the MCD.

¶6Let the MCD undertake requisite action, within a time bound manner, preferably, within a period of six months from today.

¶7Considering the aforesaid, no further directions are required to be issued in the present petition.

¶8The present writ petition, along with the pending application, is accordingly disposed of. MINI PUSHKARNA, J NOVEMBER 17, 2025 ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15718/2025 & CM APPL. 64386/2025 H S SHARMA .....Petitioner Through: Mr. Bharat Sharma, Mr. H. S. Sharma and Ms. Garima Upadhyay, Advocates Mob: 9411150280 Email: attorney.bharatsharma@gmail.com versus GOVT. OF NCT OF DELHI AND ORS. .....Respondents Through: Ms. Sangeeta Bharti, SC with Ms. Malvi Balyan, Advocate for DJB Mob: 9811112863 Email: sangeetabharti@gmail.com Mr. Rakesh Malhotra, Mr. Bharat Malhotra, Ms. Smritika Kesri and Ms. Gayatri Bhatia, Advocates for GNCTD Mob: 8447151507 Email: bharatmal2@gmail.com Mr. Rajesh Kumar Agnihotri, Advocate for GNCTD Mobile No. 9868931054 Email: rajeshagnihotri3@gmail.com CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA