5 min readJun 9, 2026 10:30 AM IST
First published on: Jun 9, 2026 at 09:59 AM IST
A status report submitted to the Supreme Court has slammed the Municipal Corporation of Delhi (MCD) for failing to act on time to stop the construction of the allegedly illegal building which collapsed in Saidulajab village on May 30 killing six and injuring 14 others.
In his report to the top court, Senior Advocate Ajit Kumar Sinha, who is assisting as amicus curiae in a matter related to illegal constructions, said though MCD was aware of the unauthorised construction, underway since 2015, “no concrete action was ever taken by the corporation”. It added: “The corporation failed to discharge its statutory obligations despite repeated notice of the violations, also failed to seal the premises and take consequential action(s) when fourth and fifth floors were being constructed recently.”
The report filed through Advocate Govind Jee also stated that “the said illegal construction activities were in gross violation of” provisions of the “Delhi Municipal Corporation Act, 1957 as well as …the Unified Building Bye Laws 2016”.
The amicus urged the court to ask the MCD “to file an affidavit indicating survey conducted and action taken against illegal and unauthorised constructions as well as cases concerning unauthorised use of residential premises of all properties located within the precincts” of the corporation.
He also urged the apex court to ask the corporation “to conduct structural audit of all premises located within the precincts” of the corporation “and carry out sealing as well as demolition of the illegal structure(s) in a time-bound manner”.
Further, the amicus requested the court to direct the MCD “to furnish a detailed affidavit indicating the manner in which illegal construction of five-storeyed building (which collapsed) located at Plot No. 261, Western Marg, Said-ul-Azaib, New Delhi was permitted to continue and action taken against erring officials” and to ask the government of the NCT of Delhi and the Delhi Police to furnish an action taken report.
The report pointed out that in 2020, a petition was filed before the Delhi High Court that alleged that the “SDMC (South Delhi Municipal Corporation) had proposed to demolish the structure without prior notice and without hearing the owner of the said illegal premise”.
On December 8, 2020, the High Court had disposed it of asking the civic body to hear the petitioner within two weeks.
Soon thereafter, another petition was filed alleging inaction on the part of the MCD regarding the “unauthorised construction”. This was disposed of on December 22, 2020, with the corporation stating that the two weeks’ time granted in the first matter was not over yet. The court also directed the MCD to give a hearing to the second petitioner and take appropriate action in case any unauthorised construction is noticed at the site.
The report said that “on 30.05.2026, the said property bearing number 261, Western Marg, Saidulajab, New Delhi collapsed in the evening around 7.30 pm, leaving 6 dead and at least 14 injured. The gross violation and illegal construction which went on since 2015, ultimately led to the horrific and unfortunate incident where innocent students and residents of the locality lost their lives whereas the beneficiary of said illegal structures as well as officers who failed to discharge their statutory obligations are still enjoying the benefits derived from the unauthorized construction and by letting the illegality continue in perpetuity. Such illegal construction cannot perpetuate since 2015 unless the concerned officers who were entrusted with the duty to protect citizens, turned a blind eye more so when the issue of unauthorised construction went up to the High Court…”.
It added that “after the tragic incident, the Municipal Corporation as a mere eyewash and (what) appears to be a post-facto and cosmetic exercise…suspended one Sudesh Singh Chouhan, Assistant Engineer, Building Department, and one Aman Jain, Junior Engineer, for dereliction of duties and slackness on their part in discharging official function”.
While hearing the matter related to illegal constructions, an SC bench of Justices Ahsanuddin Amanulla and R Mahadevan had on March 25 taken a serious note of the fact that constructions are frequently undertaken in blatant violation of the applicable norms and regulations, including in prohibited areas and upon completion, such lands and buildings are often put to uses other than those for which sanction was originally granted by the competent authority.
The court accordingly asked municipal authorities across the country “to conduct a comprehensive inquiry within their respective jurisdictions to identify areas that are demarcated exclusively for residential use, but are being misused for non-residential purposes by the persons concerned”.
The Saket building collapse site in Saidulajab, South Delhi, on Tuesday. Express Photo by Shreya Singhai, 02.06.2026
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