NEW DELHI: Expressing its serious concern of the unauthorised constructions in Delhi-NCR and the recent fire incidents in Delhi and Lucknow, the Supreme Court on Thursday heavily criticised and pulled up the MCD and Uttar Pradesh civic authorities and warned that top officials will be personally liable for non-compliance of its earlier directions.
The Apex Court was particularly angry over the fact that the Municipal Corporation of Delhi (MCD) has not taken any effective action on ground with regard to its May 20 directions for sealing, demolition, or any other action warranted in law for the unauthorised structures.
Directing personal presence of senior officials of the MCD and Gurugram and Lucknow civic bodies, a bench of Justice Ahsanuddin Amanullah and Justice R Mahadevan, remarked that this court was bothered with their conduct and non compliance of its directions issued from time to time.
The bench, which took serious exception of non-compliance of its earlier directions, said the court has passed specific directives with regard 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 MCD 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 asked Additional Solicitor General (ASG) SD Sanjay, appearing for the MCD.
The ASG replied 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.
Hearing these submissions, a severely angry and unconvinced court went on to observe that no "slackness" on the part of civic authorities will be tolerated and took on record the status reports filed by Senior Advocate Ajit Sinha, who has been appointed amicus curiae in the matter with regard to recent fire tragedies in Delhi, Lucknow and action on unauthorised constructions.
Warning on a tough note, the top court clarified that it might initiate suo moto contempt action against civic bodies which failed to comply with its earlier directions.
Senior advocate and amicus curiae (Friend of the court) 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.
The amicus report said that the building 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. Despite these actions, no effective enforcement measures were taken and construction continued, with fourth and fifth floors added 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.
The amicus sought to direct the MCD to file an affidavit indicating surveys conducted and action taken against illegal and unauthorised constructions, as well as cases of unauthorised use of residential premises for all properties within Delhi.
Sinha further pointed out that the recent 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.
During the entire hearing on Thursday, the bench, however, remained unsatisfied with the submission of MCD and other authorities 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.
