The Supreme Court on Thursday came down heavily on civic authorities over rampant unauthorised constructions across Delhi and the national capital region, ordering an independent audit of vulnerable areas, summoning top municipal officials, and warning that it would “attach personal responsibility” on officers who failed to act against illegal buildings despite repeated judicial directions.
A bench of justices Ahsanuddin Amanullah and R Mahadevan said it was “particularly bothered” by the conduct of the Municipal Corporation of Delhi (MCD), observing that despite its May 20 directions highlighting dangerous unauthorised constructions in areas such as Lajpat Nagar and Sarojini Nagar, authorities had done little beyond issuing notices to violators.
“We hoped the officers will take action…but now I will pass orders and it will pinch a lot of people. We will attach personal responsibility on the officers and will speak in black and white,” remarked the bench during the hearing.
The court directed the personal appearance of the MCD commissioner and the vice-chairman of the Gurugram Metropolitan Development Authority (GMDA) after taking note of a July 7 Hindustan Times report that found nearly 93% of establishments inspected in Gurugram’s ongoing fire safety drive were deficient in mandatory fire safety measures. The officials have been asked to explain the concrete steps taken in compliance with the court’s May 20 order.
The bench also constituted an expert inspection team comprising two senior professors from IIT Delhi, two draftsmen from the institute, MCD officials and court-appointed amicus curiae senior advocate Ajit Kumar Sinha to carry out on-ground inspections of Malviya Nagar, Saket and Lajpat Nagar in Delhi. A similar exercise was ordered for Lucknow’s Aliganj area. On June 22, a devastating fire engulfed a three-storey building in the area, resulting in the deaths of 15 people, mostly students, and leaving several others injured.
The directions came after Sinha informed the court that recent tragedies, including the June 3 Hauz Rani fire that killed 23 people and the May 30 collapse of an illegally constructed building in Saidulajab in which six people died, vindicated concerns repeatedly flagged before the court.
“After the order of this court, only the Delhi building collapse happened near Saket Metro station. Floors after floors were being constructed and then it all fell. Malviya Nagar (Hauz Rani) fire also happened on June 3,” Sinha, assisted by advocate Govind Jee, submitted.
He further cautioned the court that “the next casualty will be in Lajpat Nagar”, adding that he had already received 10 complaints from the area.
Sinha also placed before the court two fresh status reports concerning the Hauz Rani fire and the June 22 fire tragedy in Lucknow, seeking directions to the authorities to disclose the progress of investigations and action taken against officials who allegedly permitted illegal constructions to continue.
Appearing for MCD, additional solicitor general SD Sanjay sought time to file a detailed status report and submitted that action had already been initiated against erring officers.
The bench, however, expressed dissatisfaction. “Imagine how helpless the people will be when we are seeing all this,” observed the bench, pointing out that despite their earlier directions identifying vulnerable areas, little had changed on the ground.
In its order, the court noted that while notices had indeed been issued to violators, “no follow-up was done”, adding that rampant construction continued despite directions of the Delhi high court restraining further building activity. “We are of the opinion that strict cognisance be taken,” recorded the bench, while observing that it was “not convinced” about the bona fides of MCD, though it accepted the municipal body’s request for a short opportunity to demonstrate compliance.
The court also criticised what it described as “face-saving exercises” by authorities, observing that enforcement agencies were proceeding only against builders while sparing officials responsible for allowing widespread violations in the first place.
“If this happens, then responsibility shall be affixed on the chief executive officer,” said the bench, referring to submissions that demolition orders in Gurugram had attained finality but continued to remain unimplemented.
Apart from Delhi and Haryana, the court also directed the state of Tamil Nadu to furnish details of action taken in cases involving unauthorised constructions. In Patna, where the incumbent municipal commissioner assumed office only recently, the bench impleaded his predecessor as well and sought details of enforcement measures taken during his tenure.
The proceedings form part of the Supreme Court’s continuing nationwide monitoring of illegal constructions and misuse of land across states.
The court had, on May 20, warned that buildings raised far beyond sanctioned plans were inherently unsafe and could not bear the additional structural load, while observing that such widespread violations often pointed towards tacit collusion between builders and civic authorities.
The issue assumed greater significance after the collapse of the five-storey building near Saket Metro station. In a detailed status report filed last month, amicus curiae Sinha had contended that the structure had been repeatedly booked for unauthorised construction since 2012 but was never effectively demolished or sealed despite multiple proceedings before the Delhi high court. He had sought a city-wide structural audit, demolition of illegal buildings, accountability of municipal officials and compensation for the victims’ families.
Officials in the MCD and the GMDA did not issue a comment on the court’s orders.
