SC declines urgent hearing on Delhi illegal construction plea after fatal building collapse

The Supreme Court refused an urgent hearing on a plea seeking action against illegal constructions after a building collapse in Delhi's Saidulajab killed six people. The court said the matter should be heard by the bench already examining unauthorised construction and land-use violations

New Delhi: The Supreme Court on Monday refused to accord an urgent hearing on a status report, filed by a court-appointed amicus curiae, seeking a direction to MCD to file an affidavit indicating survey conducted and action taken against illegal and unauthorised constructions in the national capital.

The urgent intervention has been sought following the collapse of an allegedly illegally constructed five-storey building in Delhi’s Saidulajab area that claimed six lives and injured at least 14 people on May 30.

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A partial working day bench comprising Justices Prashant Kumar Mishra and Atul S Chandurkar was urged by senior advocate and amicus curiae Ajit Sinha that the matter be listed for an urgent hearing and passing an order.

“Mentioning rejected. No orders are required to be passed,” the bench said in the order. The bench said as the matter was part heard by another bench headed by Justice Ahsanuddin Amanullah, it will be in fitness of things that the same bench hears the case.

Earlier, the court-appointed amicus curiae moved the top court seeking various directions, including the one asking the Municipal Corporation of Delhi (MCD) to file an affidavit indicating survey conducted and action taken against illegal and unauthorised constructions.

On March 25, a bench comprising Justices Ahsanuddin Amanullah and R Mahadevan, while hearing a matter arising from Tamil Nadu, expressed serious concern over widespread violations of building regulations and the alleged failure of municipal authorities to prevent unauthorised constructions.

It had directed a pan-India inquiry into the misuse of residential properties and illegal land-use conversions. Senior advocate and amicus curiae Ajit Sinha, in a status report filed on June 4 through advocate Govind Jee, has approached the top court seeking urgent intervention following the collapse of the building in Saidulajab area.

Sinha said the tragedy underscored the larger problem of rampant illegal constructions and alleged regulatory failures.The report said the building, located at Saidulajab, was allegedly booked by municipal authorities on multiple occasions for unauthorised construction. According to municipal records cited in the report, violations were first recorded in 2012, followed by further bookings in 2015 for additional floors.

The report alleges that despite these actions, no effective enforcement measures were taken and construction continued, culminating in the addition of fourth and fifth floors shortly before the collapse.

The amicus has contended that the MCD failed to discharge its statutory obligations by not taking timely action, including sealing the premises or preventing further construction despite repeated indications of violations.

In view of the facts, the court “may be pleased to direct the MCD to file an affidavit indicating survey conducted and action taken against illegal and unauthorised constructions as well as cases concerning unauthorised use of residential premises of all properties located within the precincts of the Municipal Corporation in Delhi”, the report sought.

It also sought a direction to the civic body to conduct structural audit of all premises located within the precincts of the municipal corporation in Delhi and carry out sealing as well as demolition of the illegal structures in a time-bound manner.

“The MCD to furnish a detailed affidavit indicating the manner in which illegal construction of five-storeyed building located at Plot No. 261, Western Marg, Said-ul-Azaib, New Delhi was permitted to continue and action taken against erring officials,” it said.

The Delhi government and city police to furnish an action taken report (also indicating the alleged involvement of officers of the municipal corporation) on the recent building collapse incident, the status report said.

“The Government of NCT of Delhi to furnish an affidavit indicating the manner in which the families of deceased may be compensated…,” it said.