T
he Delhi High Court has directed the Municipal Corporation of Delhi (MCD) commissioner to constitute a high-powered committee in consultation with Chief Minister Rekha Gupta to address the risks posed by dangerous and dilapidated buildings during restrictions imposed under the Graded Response Action Plan (GRAP).
In an order passed on November 6, Justice Saurabh Banerjee observed that restrictions on demolition activities under GRAP had created a situation in which civic authorities were unable to remove structurally unsafe buildings, even when they posed an immediate threat to human life.
The court directed that the committee be constituted as expeditiously as possible, preferably within a week, to formulate an effective alternative mechanism for dealing with such structures during the period of restrictions.
๐๐ผ๐๐ฟ๐ ๐ณ๐น๐ฎ๐ด๐ ๐ฟ๐ถ๐๐ธ ๐๐ผ ๐ต๐๐บ๐ฎ๐ป ๐น๐ถ๐๐ฒ๐
Taking suo motu cognisance of the danger to occupants, property owners, passers-by and residents of adjoining buildings, the court said it could not remain a mute spectator to the threat posed by unsafe structures.
Justice Banerjee referred to previous building collapses in Delhi, including incidents at Satya Niketan and Chawri Bazaar, which had resulted in the loss of lives.
"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 court observed.
It said the series of building collapses across the Capital within a relatively short period demonstrated the seriousness of the situation and the need for preventive action.
๐ฃ๐ฎ๐ป๐ฒ๐น ๐๐ผ ๐ฒ๐ ๐ฎ๐บ๐ถ๐ป๐ฒ ๐๐ฎ๐ณ๐ฒ๐๐ ๐บ๐ฒ๐ฎ๐๐๐ฟ๐ฒ๐
The court directed the proposed committee to examine and formulate alternative measures for buildings identified as dilapidated, structurally unsafe or dangerous.
These measures could include sealing, repairs or controlled demolition, depending on the condition of the structures and the restrictions in force.
"The Commissioner, MCD in consultation with the Hon'ble 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 court ordered.
The committee has been tasked with developing an effective mechanism to address the risks associated with such buildings while ensuring compliance with GRAP-related restrictions.
The court observed that demolition activities were prohibited during the relevant restriction period, leaving civic authorities unable to proceed with the removal of dangerous structures until February 10 under the existing framework.
๐ ๐๐ ๐ฐ๐ฎ๐ป๐ป๐ผ๐ ๐ฎ๐๐ผ๐ถ๐ฑ ๐ฟ๐ฒ๐๐ฝ๐ผ๐ป๐๐ถ๐ฏ๐ถ๐น๐ถ๐๐
The directions were issued while the court was hearing a matter involving a property that the MCD had found to be in a ruinous condition.
The civic body had issued a notice under Section 348 of the Delhi Municipal Corporation Act, which deals with the removal of dangerous buildings.
Justice Banerjee emphasised that the constitutional right to life imposed an obligation on the State to take reasonable and effective steps to protect people against foreseeable dangers.
The court said the MCD could not discharge its responsibility merely by inspecting unsafe buildings or issuing notices while allowing the underlying threat to remain unaddressed.
It observed that civic authorities could not wait for a building collapse or another unfortunate incident before taking effective preventive measures.
The court stressed that environmental restrictions and public safety obligations must be addressed together rather than treating one as a justification for neglecting the other.
๐ก๐ฒ๐ ๐ ๐ต๐ฒ๐ฎ๐ฟ๐ถ๐ป๐ด ๐ผ๐ป ๐๐ฎ๐ป๐๐ฎ๐ฟ๐ ๐ญ
The High Court directed that a copy of its order be forwarded to Chief Minister Rekha Gupta and the MCD commissioner for necessary action.
It listed the matter for further hearing on January 1.
The directions seek to establish a mechanism through which civic authorities can respond to dangerous buildings without disregarding pollution-control measures, particularly during the winter months when restrictions on construction and demolition activities are imposed across Delhi-NCR.