NEW DELHI: The Delhi High Court has directed the Delhi Development Authority (DDA) to pay over Rs 11 lakh in compensation to the family of a 45-year-old man who tragically lost his life after the balcony of their second-floor apartment collapsed in July 2000.
Justice Dharmesh Sharma ruled that the DDA’s negligence was the “direct cause” of the collapse and highlighted its ongoing responsibility to ensure the infrastructure’s durability post-allotment.
The court ordered the DDA to pay Rs 11.44 lakh to the widow and two children of the deceased, along with an annual interest of 6% from January 2001, when the writ petition was filed. The compensation must be disbursed within six weeks.
The family had been residing in a multi-storied apartment in Jhilmil Colony, developed by the DDA for low and medium-income groups. Alleging substandard construction, the petitioners pointed out that plaster had started peeling off within five to six years of the building’s construction, despite its expected lifespan of 40-50 years.
In his judgment, Justice Sharma stated, “The facts of this case unequivocally demonstrate that latent construction defects, which should have been timely addressed, were the root cause. The DDA had a continuing obligation to ensure the infrastructure’s durability and longevity post-allotment.”
The DDA argued that the responsibility for maintenance rested with the residents, noting that the flats were constructed in 1986-87 and that the area was de-notified in 1993, transferring maintenance duties to the Municipal Corporation of Delhi (MCD). However, the court dismissed this defense, emphasizing that no evidence suggested the deceased or his family contributed to the structural issues.
Justice Sharma also noted that the Jhilmil DDA Flats Residents Association had repeatedly raised concerns about substandard construction, but their complaints were ignored. The court ruled that no blame could be attributed to the MCD, as the flats in question were constructed by the DDA.