New Delhi: Senior advocate Ajit Kumar Sinha, appointed as amicus curiae by the Supreme Court in the ongoing proceedings concerning illegal constructions and land-use violations across the country, has brought to the notice of the apex court the recent collapse of an illegally constructed five-storeyed building in Delhi’s Saket area, which left six persons dead and 14 injured.
In a status report filed before the top court, the amicus curiae said that the tragedy was a consequence of years of unchecked, unauthorised construction and alleged failure on the part of municipal authorities to discharge their statutory obligations.
The report was filed in a matter where the Supreme Court has been examining, on a pan-India basis, widespread violations of building bye-laws and land-use regulations.
Referring to the collapse of the building situated at property number 261, Western Marg, Saidulajab, New Delhi, the amicus curiae submitted that municipal records showed the structure had been repeatedly booked for unauthorised construction since 2012.
According to the report, the basement, ground floor and first floor were booked in 2012, while the unauthorised second and third floors were booked in 2015.
The fourth and fifth floors were allegedly constructed recently, and ultimately led to the collapse of the building.
Despite the violations being detected, no effective action was taken by the Municipal Corporation of Delhi, the report argued.
“The corporation failed to discharge its statutory obligations despite repeated notice of the violations and also failed to seal the premises and take consequential action(s) when the fourth and fifth floors were being constructed recently,” the report said.
The amicus curiae further highlighted that the issue of illegal construction at the site had reached the Delhi High Court on multiple occasions.
In 2020, the owner of the building approached the Delhi High Court alleging that the South Delhi Municipal Corporation proposed to demolish the structure without prior notice. The High Court directed the civic body to hear the owner before taking action.
Subsequently, another petition highlighting alleged inaction against unauthorised construction was also disposed of by the Delhi High Court after the municipal corporation undertook that appropriate action would be taken if any unauthorised construction was found.
The report also referred to a petition filed before the Delhi High Court earlier this year by Abdul Sakir seeking action against alleged unauthorised construction in Saidulajab.
According to the amicus curiae, counsel appearing for the Municipal Corporation of Delhi had informed the High Court that “no construction whatsoever is going on in the subject property” and that the dispute was essentially private in nature.
The report claimed this statement resulted in the dismissal of the petition and observed that the building collapsed less than two months later.
“This false statement led to dismissal of the case which was filed by one Abdul Sakir pointing out illegal construction happening over the subject property,” the amicus curiae said.
The report contended that the illegal construction could not have continued since 2015 unless officials entrusted with enforcing building regulations had “turned a blind eye” to the violations.
It added that after the collapse, the suspension of an assistant engineer and a junior engineer appeared to be merely a “post-facto and cosmetic exercise” in response to public outrage.
Citing the Supreme Court’s recent observations in the same proceedings, the amicus curiae recalled that the apex court had expressed concern over rampant violations of sanctioned building plans and warned that in several parts of Delhi, including Lajpat Nagar and Sarojini Nagar, a “major mishap or calamity” was waiting to happen due to unsafe structures constructed beyond permissible limits.
Seeking further directions, the amicus curiae urged the apex court to direct the Municipal Corporation of Delhi to file an affidavit detailing surveys conducted and action taken against illegal constructions and unauthorised use of residential properties across the national capital.
The report also sought directions for a structural audit of all buildings within the jurisdiction of the Municipal Corporation of Delhi and for time-bound demolition or sealing of illegal structures.
Further, the amicus curiae requested the top court to direct the Municipal Corporation of Delhi to explain how the illegal five-storeyed structure was allowed to continue and to disclose action taken against erring officials. He also sought action-taken reports from the Delhi government and Delhi Police regarding the collapse, including the alleged involvement of municipal officers, and called for an affidavit detailing compensation to the families of the deceased.
(IANS)
