Yrs of MCD inaction led to Saket tragedy, SC told
new delhi, June 9 -- A court-appointed amicus curiae has delivered a scathing indictment of the Municipal Corporation of Delhi (MCD) over the May 30 collapse of an illegally constructed building near Saket Metro station that killed six people, saying the tragedy was the result of years of official inaction despite repeated warnings, litigation before the Delhi High Court and documented violations dating back to 2012.
In a status report filed before the Supreme Court, senior advocate Ajit Kumar Sinha, appointed as amicus curiae by a bench led by Justice Ahsanuddin Amanullah, sought a detailed probe into the role of MCD officials, a city-wide structural audit of buildings falling within the municipal body's jurisdiction and a sweeping exercise to seal and demolish illegal structures.
MCD did not respond to HT's repeated requests for a comment on the report.
The report was filed in the larger proceedings in which the Supreme Court is monitoring illegal constructions and misuse of land across the country. The amicus told the court that the Saket collapse demonstrated how blatant violations of building laws were allowed to continue for years despite the authorities being repeatedly alerted.
At least six people were killed and 14 injured when the five-storey building at Western Marg in Saidulajab collapsed on May 30. Most victims were young medical and engineering graduates who were present in a nearby canteen crushed under the debris.
Significantly, the amicus' comments come days after a fire at a bed and breakfast in Hauz Rani that resulted in 22 deaths has yet again raised questions about MCD's role after multiple violations by the owner came to light.
The report traces the history of the building through official municipal records and concludes that the illegal construction was carried out in stages over more than a decade.
According to the amicus, the property was first booked by the corporation in 2012 for unauthorised basement, ground-floor and first-floor construction. In 2015, the second and third floors were also booked as unauthorised. Despite these proceedings, no effective action followed. The fourth and fifth floors were allegedly added only recently, ultimately leading to the collapse.
"The corporation failed to discharge its statutory obligations despite repeated notice of the violations" and also failed to seal the premises or take consequential action when the upper floors were being constructed, according to the report, filed through advocate Govind Jee.
A significant portion of the report focusses on how the controversy repeatedly reached the Delhi High Court but failed to result in effective enforcement.
The owner of the building approached the high court in December 2020 complaining that the then South Delhi Municipal Corporation was proposing demolition without notice. The court directed the corporation to hear the owner and take a decision in accordance with law while recording an undertaking that no further construction would be carried out meanwhile.
Later that month, a neighbouring resident moved another petition alleging unauthorised construction and inaction by civic authorities. During the hearing, the corporation assured the court that construction would be permitted only in accordance with building by-laws and that action would be taken if any unauthorised activity was found. The court directed the corporation to hear all concerned parties and pass appropriate orders.
Yet, according to the amicus, the structure continued to remain standing and illegal construction allegedly continued.
The report also refers to a petition filed before the Delhi High Court in April this year by one Abdul Sakir seeking intervention against ongoing unauthorised construction at the site. During those proceedings, counsel for the MCD informed the court that "no construction whatsoever" was taking place and characterised the dispute as a private dispute between landlord and tenant. The petition was subsequently withdrawn....
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