SC pulls up civic bodies over illegal buildings, fire safety failures

The Supreme Court warned civic bodies in Delhi, Gurugram and Lucknow of personal liability for failing to act against unauthorised constructions. Citing recent fatal fire incidents, it directed stricter enforcement, ordered officials' personal appearance and warned of contempt proceedings for non-compliance

New Delhi: Taking serious note of unauthorised constructions in Delhi-NCR and the recent fire incidents in Delhi and Lucknow, the Supreme Court on Thursday pulled up the civic bodies and said top officials will be personally liable for non-compliance of its directions.

A bench of justices Ahsanuddin Amanullah and R Mahadevan, which sought personal presence of officials of Municipal Corporation of Delhi and Gurugram and Lucknow civic bodies, said it is bothered with their conduct and non compliance of its directions issued from time to time.

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The top court was also irked over the fact no effective action was taken on ground with regard to its May 20 directions for sealing, demolition, or any other action warranted in law for the unauthorised structures.

Observing that no “slackness” on the part of civic authorities will be tolerated, the top court took on record status reports filed by senior advocate Ajit Sinha, who has been appointed amicus in the matter with regard to recent fire strategies in Delhi, Lucknow and action on unauthorised constructions.

It also warned of initiating suo moto contempt action against civic bodies which do not comply with its earlier directions.

Sinha, assisted by advocate Govind Jee, pointed out that recently two fire incidents that occurred on June 3 at Delhi’s Malviya Nagar and June 22 at Lucknow were not tragedies that were caused by a single failure but by the convergence of several.

He said that on June 3, a fire tore through a narrow multi-storey building in the congested Hauz Rani urban village of south Delhi’s Malviya Nagar which operated as the Stay Bed & Breakfast (B&B), with a restaurant on the ground floor.

“The final death toll reached 23, most of them foreign nationals reported from Nigeria, Mozambique, Somalia, Liberia, Bangladesh, Afghanistan and Turkmenistan who were staying near the Max and PSRI hospitals while their relatives received medical treatment; more than 50 people were rescued,” he pointed out.

Sinha further said on June 22, the fire in a multi-storeyed building situated in Lucknow’s Aliganj resulted in the death of 15 persons, most of whom were young students aged between 16 and 25 years, besides several pet animals, and causing injuries to several others.

The bench, which took serious exception of non-compliance of its earlier directions, said the court has passed specific directives with respect to congested Lajpat Nagar and Sarojini Nagar areas here and indicated that such structures be immediately demolished to prevent any mishappening.

“We are particularly concerned with the conduct of Municipal Corporation of Delhi with regard to non-compliance of directions issued by the court in 2024 and specific directions of May 20, which were issued as to what was required to be done by the authorities,” the bench told Additional Solicitor General SD Sanjay, appearing for the MCD.

The ASG submitted that some work has been done and said a detailed report will be submitted in the court before the next date of hearing on August 4.

The bench, however, remained unsatisfied with the submission and warned that personal consequences would follow for the top officials of civic bodies, if effective action is not taken on the ground by the authorities.

Sinha submitted that demolition of unauthorised construction and those violating building by-laws were to be done in two weeks but except for giving violators notice, no follow-up has been done.

The bench said in such circumstances as no action has been taken in compliance with the directions issued in 2024 and on May 20, “we are of the opinion that strict cognisance be taken of the issue and officials of the MCD be summoned to the court.”

Appointing a committee of IIT professors and MCD officials for ground survey of the Lajpat Nagar and Sarojini Nagar areas for unauthorised constructions, the top court said some specific preventive and immediate steps are required to be taken to ensure rule of law is enforced in the interest of the public at large.

The bench said it is not fully satisfied with the bona fide of the MCD but before taking any final view on the issue, was granting one last opportunity to the authorities to comply with its directions.

It referred to recent media reports that 93 per cent of buildings in Gurugram failed in complying with fire safety norms and asked the executive head of the civic body of the city to personally be present on the next date of hearing and file a detailed reply with respect to action being taken.

Earlier, Sinha moved the top court seeking various directions, including the one asking the MCD to file an affidavit indicating survey conducted and action taken against illegal and unauthorised constructions.

On March 25, the bench, 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.

Sinha, in a status report filed on June 4 has approached the top court seeking urgent intervention following the collapse of the building in Saidulajab area and said the tragedy underscored the larger problem of rampant illegal constructions and alleged regulatory failures.