Illegal, unsafe buildings: Supreme Court seeks action reports, summons senior MCD officials to Court
Taking into consideration the recent tragic building collapse in Saket, Delhi and fire incidents in Malviya Nagar, Delhi and Aliganj, Lucknow, a bench comprising Justices Ahsanuddin Amanullah and R. Mahadevan directed the authorities to place before it the action taken in accordance with the Court’s May 20 directions. The officials concerned were also directed to be physically present before the Court on the next date of hearing on 4 August.
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The court also directed formation of a special team comprising two senior professors and two draftsmen from IIT Delhi to conduct a time-bound ground survey at Saket, Malviya Nagar and Lajpat Nagar. The team will be accompanied by Municipal Corporation of Delhi (MCD) officials. A similar exercise will be carried out in Sarojini Nagar under New Delhi Municipal Council (NDMC).
The court said there should be “laxity” in implementation and that the committee should present an honest report.
“We make it clear that there should be no laxity in giving honest report by the committee. In case of any doubt, we can send a special team from this Court to ensure the honesty of the report,” the court said.
The court also agreed with the amicus curiae (court-appointed lawyer) that the authorities had adopted a “face-saving approach” by arresting only the builders after incidents of building collapses and fires, and taking no action against their own officials who had failed to act against illegal structures. The court stated that the authorities only adopted a face-saving approach as only the builders were arrested and no action was taken against any officials belonging to the authorities or companies.
Officials were instructed to disclose in their reports the names of senior officials responsible for such failures.
The court also took note of a recent report published in the Delhi edition of the Hindustan Times newspaper, which reported that 93 per cent of establishments in Gurugram did not comply with fire safety requirements. In this regard, the Court directed the chief executive officer of the Gurugram development authority to remain there personally and submit a report detailing the actual steps taken in accordance with the May 20 directions.
The court warned that it may initiate suo motu contempt proceedings against Commissioners, CEOs and other responsible officers of municipal corporations and development authorities if they fail to register action reports received or comply with its instructions by the next date.
“We may immediately file suo motu contempt proceedings against the responsible authorities, i.e. Commissioners/CEOs of such municipalities or the respective Development Authorities,” the court said.
The court also warned that if it finds at the next date that no action has been taken despite earlier instructions and demolition orders, the responsibility will be placed directly on the executive heads of the relevant authorities.
“We state that if we find that no action has been taken at the next date, the responsibility will immediately be placed on the CEO of the institution in question,” the court said. he said.
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In its decision dated May 20, the court instructed the authorities to take “urgent and effective measures”, including sealing and demolishing, against illegal and unauthorized structures detected during investigations. It had also instructed them to explain the actual action taken through statements personally approved by the heads of relevant authorities.
“Declarations shall reflect effective action taken on the ground and not merely ceremonial compliance. We clarify that by ‘follow-up action’ we mean immediate and effective measures, including sealing, demolition or any other action permitted by law,” the court said. he said.
