NEW DELHI: An amicus curiae appointed by the court has approached the Supreme Court with requests for directions, including an affidavit from the Municipal Corporation of Delhi (MCD) detailing the survey and actions taken against illegal constructions in the capital.
This plea comes in the wake of the collapse of a purportedly illegal five-storey building in Saidulajab, which resulted in six fatalities and at least 14 injuries on May 30.
On March 25, a bench featuring Justices Ahsanuddin Amanullah and R Mahadevan expressed serious concern regarding the widespread violations of building regulations and the municipal authorities’ failure to curb unauthorized constructions during a related matter from Tamil Nadu. They have called for a nationwide inquiry into the misuse of residential properties and illegal land-use conversions.
In a status report filed on June 4 through advocate Govind Jee, senior advocate and amicus curiae Ajit Kumar Sinha urged the Supreme Court for immediate intervention following the Saidulajab incident.
Sinha indicated that this incident highlights a broader issue of rampant illegal constructions and regulatory failures.
The report states that the Saidulajab building had been flagged by municipal authorities multiple times for unauthorized construction, with documented violations dating back to 2012 and further bookings in 2015 for additional floors.
Despite these notifications, no effective enforcement measures were implemented, allowing construction to proceed, culminating in the illegal addition of the fourth and fifth floors just prior to the collapse.
The amicus contended that the MCD neglected its statutory responsibilities by failing to take timely action, such as sealing the premises or halting further construction, despite clear indications of violations.
The Court may instruct the MCD to file an affidavit detailing surveys conducted and actions taken against illegal constructions as well as the unauthorized use of residential properties within its jurisdiction.
Additionally, it may order the MCD to perform structural audits on all properties in Delhi and to take swift action to seal and demolish illegal structures.
“The MCD is to provide a comprehensive affidavit outlining how the illegal construction of the five-storey building at Plot No. 261, Western Marg, Saidulajab, New Delhi was permitted, and the actions taken against responsible officials,” the report stated.
The Delhi government and city police are also expected to submit a report detailing actions taken regarding the recent building collapse, including the alleged involvement of municipal corporation officials.
“The Government of NCT of Delhi is to produce an affidavit outlining how compensation may be provided to the families of the deceased…” the report concluded.
