NEW DELHI: Amid a series of building collapses in the national capital, the Delhi High Court has directed the MCD commissioner to constitute a high-powered committee, in consultation with Chief Minister Rekha Gupta, within a week for repair, sealing, or demolition of dangerous and dilapidated buildings during GRAP-related anti-pollution restrictions.
Justice Saurabh Banerjee passed the order after taking suo-motu cognisance of the “imminent threat” to the lives of occupants and owners of such buildings as well as to the passers-by and occupants of adjoining properties, saying the court cannot just remain a “mute spectator" in the face of tragedies like the Satya Niketan building collapse.
The judge observed that since demolition activities were prohibited during GRAP (Graded Response Action Plan)-related restrictions, the civic authorities could not take steps for the removal of such dangerous structures till February 10.
The court passed the order while dealing with a case in which the MCD has issued a notice under Section 348 (Removal of dangerous buildings) of the Delhi Municipal Corporation Act for a property found to be in a “ruinous condition”.
"No doubt, the directions issued under GRAP cannot be disregarded; however, at the same time it cannot be ignored that the ongoing rampant unauthorised constructions within the jurisdiction of this Court have very serious repercussions and are endangering/ exposing human lives to an imminent but avoidable risk/ danger.
"The Commissioner, MCD in consultation with the Chief Minister, Government of NCT of Delhi, is directed to constitute a High-Powered Committee as expeditiously as possible, preferably, within the next week," the judge said in an order passed on November 6.
The judge directed that a copy of the order be sent to the chief minister and the MCD commissioner, while posting the matter for hearing on January 20.
The judge said that the MCD cannot shirk away from its obligation by merely conducting inspections or issuing notices in such a "precarious situation" while leaving the underlying danger unaddressed till an unfortunate incident occurs, underlying that the right to life casts an obligation on the State to take reasonable and effective measures to protect human life from foreseeable dangers.
The judge said that the danger was "evident” from the series of “unfortunate incidents” involving the collapse of buildings in different parts of Delhi within a “relatively short span of time”, including the building collapse at Satya Niketan and, much recently, at Chawri Bazaar, which resulted in the loss of “numerous human lives”.
In the order, the judge directed the committee to examine and formulate an “effective alternative mechanism, including but not limited to sealing, repairing or controlled demolition for buildings which have been identified as dilapidated/ structurally unsafe/ dangerous, during the on-going period/ subsistence of the GRAP restrictions.”
