SC asks authorities to report action taken on unauthorised constructions across country

New Delhi, Sep 10 (AHN) Taking note of the recent Satya Niketan building collapse in Delhi that claimed seven lives and left 12 people injured, the Supreme Court on Thursday directed authorities across the country to file affidavits on the steps taken to comply with its earlier directions on unauthorised constructions.

A Bench of Justices Ahsanuddin Amanullah and R. Mahadevan accepted the suggestion of amicus curiae Ajit Kumar Sinha to require authorities to place before the apex court reports on the action taken in terms of its earlier orders.

The matter was listed after the amicus curiae brought to the top court’s notice the "tragic incident" at Satya Niketan in the national capital’s Motibagh area, where a building collapse resulted in the death of seven persons and injuries to 12 others.

The Justice Amanullah-led Bench was informed that the Delhi High Court, while dealing with a public interest litigation (PIL) concerning the Satya Niketan incident, had on September 7 directed the Municipal Corporation of Delhi (MCD) to submit a report and scheduled the matter for further hearing on September 25.

The amicus curiae submitted that the High Court proceedings could continue, while the authorities should also submit a report before the Supreme Court covering the issues raised in the present proceedings.

The amicus further submitted that inspections had already been conducted in Delhi and Lucknow in the areas covered by the Supreme Court's earlier directions -- Lajpat Nagar, Malviya Nagar, Saket and Sarojini Nagar in Delhi, and Aliganj in Lucknow.

The top court was also told that the issues arising from the Satya Niketan collapse were already covered by the action being undertaken and reports to be submitted by the authorities in the present proceedings.

The amicus curiae suggested that the Supreme Court could either transfer the Delhi High Court proceedings and tag them with the present case or clarify that the High Court proceedings may continue while directing the authorities to additionally submit a report to the apex court on all issues raised in the ongoing matter.

Accepting the suggestion, the bench said it would, "for the present, do not disturb the position of the case before the High Court", which will continue.

"The High Court is requested to monitor the (PIL) case at short intervals," the apex court said.

Directing the matter to be listed on September 15 at 2 p.m., the Supreme Court ordered the parties concerned to file affidavits, "not limited to Delhi and Lucknow", regarding compliance with the directions issued from time to time.

The proceedings relate to the top court's continuing scrutiny of illegal and unauthorised constructions and the failure of civic authorities to take effective action despite repeated directions.

Earlier, the apex court had expressed concern over rampant illegal constructions and directed the constitution of an expert committee comprising senior professors and draughtsmen from IIT Delhi to inspect areas including Saket, Lajpat Nagar and Sarojini Nagar along with MCD officials and the amicus curiae.

It had also stressed that mere issuance of notices was insufficient and that authorities were required to take concrete measures, including sealing or demolition wherever warranted under law.

The proceedings assume significance in the wake of the Satya Niketan tragedy, where the collapse of a five-storeyed PG building highlighted wider concerns over structural safety and enforcement of building norms in Delhi.

The Delhi High Court, while hearing a PIL following the incident, had observed that responsibility for such accidents could not rest solely on the owner of a PG hostel and had also flagged the role of university authorities and the MCD in ensuring compliance with building bye-laws.

"Had the authorities been alive to their responsibilities and duties cast on them statutorily, perhaps, such incidents could have been avoided," it had observed.

The High Court had also directed the MCD to conduct an inquiry at the highest executive level to ascertain whether the collapsed building and other such structures had been constructed with valid permissions and in accordance with applicable building bye-laws, and to fix responsibility on officials if violations were found.

The incident has also prompted the Delhi government to initiate action against MCD officials, with five officials suspended and directions issued for a drive against buildings having unauthorised fifth floors.