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‘Only Taking Face-Saving Approach’: Supreme Court On Illegal, Unsafe Buildings In Delhi And Beyond

The Supreme Court on Thursday came down heavily on civic authorities over illegal and unsafe buildings across the country, directing senior officials from municipal corporations and development authorities in Delhi, Gurugram, Lucknow, Patna and Tamil Nadu to submit detailed status reports on action taken against structures posing serious safety risks.

A bench of Justices Ahsanuddin Amanullah and R Mahadevan passed the directions while hearing a matter concerning unauthorised constructions, taking note of the recent building collapse in Delhi’s Saket and fire incidents in Malviya Nagar (Delhi) and Aliganj (Lucknow).

The court directed the authorities to place on record the action taken in compliance with its May 20 order and asked the concerned senior officials to remain personally present during the next hearing on August 4, ANI news agency reported.

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IIT Delhi Experts To Survey Unsafe Localities

The apex court also ordered the constitution of a special team comprising two senior professors from IIT Delhi and two draftsmen to conduct a time-bound ground survey of Saket, Malviya Nagar and Lajpat Nagar, accompanied by officials from the Municipal Corporation of Delhi (MCD).

A similar survey has also been ordered for Sarojini Nagar under the New Delhi Municipal Council (NDMC).

Emphasising transparency, the bench warned there should be no laxity in the exercise.

“We make it clear that there should be no slackness with regard to the committee giving an honest report. If any doubt is raised, we may send a special team from this Court to ensure the honesty of the report,” the court observed.

‘Builders Alone Can’t Be Made Scapegoats’

The Supreme Court also agreed with the amicus curiae that authorities were adopting a “face-saving approach” by arresting only builders after building collapses and fire incidents while failing to take action against officials responsible for allowing illegal constructions.

“The authorities are only taking a face-saving approach, as only the builders are being arrested and no officer of the authorities or corporations is being acted against,” the bench said.

The court directed authorities to disclose the names of senior officials responsible for lapses in their compliance reports.

Gurugram Fire Safety Under Scanner

The bench also took note of a media report stating that 93 per cent of establishments in Gurugram were not complying with fire safety norms.

It directed the chief executive of the Gurugram development authority to appear in person and file a report detailing the steps taken to implement the court’s May 20 directions.

SC Warns Of Contempt Action

Warning of strict consequences for non-compliance, the Supreme Court said it could initiate suo motu contempt proceedings against commissioners, CEOs and other senior officials of municipal corporations and development authorities if they fail to submit action taken reports or implement its directions.

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The bench further cautioned that if no meaningful action is found to have been taken by the next hearing despite previous demolition and enforcement orders, responsibility would be fixed directly on the chief executive heads of the authorities concerned.

In its May 20 order, the Supreme Court had directed authorities nationwide to take immediate action, including sealing and demolition of illegal constructions identified during surveys, and file affidavits personally affirmed by the heads of the respective authorities detailing the action taken.

The court had made it clear that the affidavits should reflect effective action on the ground and not merely “ritualistic compliance.”

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