New Delhi: The 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 examine ways to deal with 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 demolition activities are prohibited during the GRAP-related restrictions, preventing civic authorities from taking steps to remove such dangerous structures until February 10, 2027.
The court directed that the committee be constituted as expeditiously as possible, preferably within a week, to formulate an alternative mechanism for addressing the issue.
Justice Banerjee took suo motu cognisance of the imminent threat posed by such buildings to their occupants, owners, passers-by and people living or working in adjoining properties. He observed that the court “cannot just remain a mute spectator” in the face of tragedies such as the Satya Niketan building collapse.
“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, and which is evident from the series of unfortunate incidents involving the collapse of buildings in different parts of Delhi within a relatively short span of time, including the building collapse at Satya Niketan and, much recently at Chawri Bazaar, which have resulted in the loss of numerous human lives,” the court said.
“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 to examine and formulate an effective alternative mechanism, including but not limited to sealing, repairing or controlled demolition for buildings which have been identified as dilapidated/ structurally unsafe/ dangerous, during the on-going period/ subsistence of the GRAP restrictions,” it ordered.
The court passed the order while hearing a case in which the MCD had issued a notice under Section 348 of the Delhi Municipal Corporation Act for a property found to be in a ruinous condition.
Emphasising that the right to life casts an obligation on the state to take reasonable and effective measures to protect human life from foreseeable dangers, the court said the MCD could not shirk its responsibility in such a “precarious situation” by merely conducting inspections or issuing notices while leaving the underlying danger unaddressed until an accident occurred.
The court directed that a copy of the order be sent to the Chief Minister and the MCD commissioner.
The matter was listed for further hearing on January 1, 2027.
