India
oi-Madhuri Adnal
Taking strong exception to the continued spread of illegal constructions in Delhi and the National Capital Region (NCR), the Supreme Court on Thursday warned civic authorities that officers who fail to act against violations could be held personally responsible.
A Bench of Justices Ahsanuddin Amanullah and R. Mahadevan said it was particularly disappointed with the Municipal Corporation of Delhi (MCD), noting that despite clear directions issued in May, little had changed on the ground.
The Supreme Court warned Delhi/NCR civic authorities, including the MCD and GMDA, that officers now face personal responsibility for illegal construction violations, summoning officials and forming an inspection team for areas like Lajpat Nagar amid concerns over recent tragedies and safety lapses.
The judges pointed out that unauthorised buildings in areas such as Lajpat Nagar and Sarojini Nagar continue to come up unchecked, with the civic body largely limiting its response to issuing notices.
“We hoped the officers would take action. But now we will pass orders that will pinch a lot of people. We will attach personal responsibility on the officers and speak in black and white,” the Bench observed during the hearing.
The court directed the MCD Commissioner and the Vice-Chairman of the Gurugram Metropolitan Development Authority (GMDA) to appear before it and explain what action had been taken to implement its May 20 order.
The direction came after the Bench referred to a Hindustan Times report published on July 7, which found that nearly 93 per cent of establishments inspected during Gurugram’s ongoing fire safety drive lacked mandatory fire safety measures.
To independently assess the situation, the Supreme Court constituted an inspection team comprising two senior IIT Delhi professors, two draftsmen from the institute, MCD officials and court-appointed amicus curiae, senior advocate Ajit Kumar Sinha. The team will inspect Malviya Nagar, Saket and Lajpat Nagar in Delhi.
The court also ordered a similar inspection in Lucknow’s Aliganj locality, where a massive fire in a three-storey building on June 22 claimed 15 lives, most of them students.
During the hearing, Sinha told the Bench that recent tragedies had proved the concerns repeatedly raised before the court.
He referred to the June 3 Hauz Rani fire, which killed 23 people, and the collapse of an illegally constructed building in Saidulajab on May 30 that left six people dead.
“After this court’s order, the building near Saket Metro station still collapsed. Floors kept being added until the structure gave way. Then came the Hauz Rani fire,” Sinha said.
He also warned that Lajpat Nagar could witness a similar tragedy, informing the court that he had already received ten complaints about suspected illegal constructions in the area.
Sinha submitted fresh status reports on both the Delhi and Lucknow incidents and urged the court to seek details of the investigations as well as action taken against officials who allegedly allowed illegal structures to flourish.
Representing the MCD, Additional Solicitor General S.D. Sanjay sought time to file a detailed status report, telling the court that action had already been initiated against officials found responsible.
The Bench, however, appeared unconvinced.
“Imagine how helpless the people will be when we are seeing all this,” the judges remarked, expressing concern that despite repeated judicial directions, enforcement on the ground remained weak.
In its order, the court noted that although notices had been issued to violators, there had been virtually no follow-up. It observed that illegal construction had continued even in areas where the Delhi High Court had restrained further building activity.
“We are of the opinion that strict cognisance be taken,” the Bench said, adding that it was not satisfied with the MCD’s conduct, though it agreed to give the civic body one final opportunity to demonstrate compliance.
The judges also criticised what they described as “face-saving exercises”, saying authorities appeared to be targeting builders while avoiding action against officials who had allowed the violations in the first place.
“If this happens, then responsibility shall be affixed on the chief executive officer,” the Bench said while referring to submissions that demolition orders in Gurugram had attained finality but were yet to be executed.
The Supreme Court also sought details from Tamil Nadu on action taken against unauthorised constructions. In Patna, it impleaded the former municipal commissioner and asked for details of enforcement measures taken during his tenure, noting that the current commissioner had only recently assumed office.
The proceedings are part of the apex court’s ongoing monitoring of illegal constructions and land-use violations across the country.
The issue has gained urgency following the collapse of a five-storey building near Saket Metro station. In a status report filed last month, amicus curiae Ajit Kumar Sinha said the building had been repeatedly booked for illegal construction since 2012 but was never effectively demolished or sealed despite multiple proceedings before the Delhi High Court. He has sought a city-wide structural audit, demolition of unsafe buildings, accountability of civic officials and compensation for the victims’ families.
Neither the MCD nor the GMDA issued a statement on Thursday’s proceedings.
