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27 years after ceiling collapse killed a labourer, why a Delhi court acquitted building owner

On September 16, 1999, the ceiling at an under-construction house collapsed, trapping 15-20 labourers beneath the rubble. One person later died. A chargesheet had been filed against the house owner and contractor.

Delhi CourtThe case against Shiv Dutt, which dates back to an FIR filed in September 1999, reached its conclusion on February 20. (Credits: Unsplash)

Nearly three decades after a construction tragedy in Bhajanpura killed a labourer and left seven others injured, a Delhi court has cleared the building owner of all charges. The court ruled that a property owner cannot be held liable for the “rash and negligent act” of an independent contractor hired to execute the work.

The case against Shiv Dutt, which dates back to an FIR filed in September 1999, reached its conclusion on February 20 — nearly 27 years after the ceiling of his house collapsed during construction.

Now a frail senior citizen unable to walk, Dutt was represented by his grandson in court as the verdict was pronounced.

“… Shiv Dutt is the owner of the building and that he was getting the construction in question [done] through co-accused contractor Shahzad [since deceased]… Therefore, even if the case of prosecution is to be believed at the maximum, the accused Shiv Dutt is only the owner of building in question and he hired independent contractor co-accused Shahzad… to perform the construction work,” said Judicial Magistrate First Class (JMFC) Pankaj Rai of Karkardooma Court in his judgment dated February 20.

“Hence, the responsibility of accused Shiv Dutt was only to pay the amount to the contractor upon completion of work and nothing more. In such conditions, accused Shiv Dutt cannot be made responsible either for rash and negligent act of the contractor resulting in falling of lanter during construction by imputing common intention with contractor,” he added.

The FIR in the case was lodged on September 16, 1999, on the basis of a complaint filed by Murari Lal Sharma, who was one of the injured. After the ceiling collapsed, 15-20 labourers were trapped underneath the rubble. While seven persons received injuries in the incident, one person died.

Dutt and Shahzad were chargesheeted for the offences of causing death by negligence among others. The two were released on bail after a court took cognizance of the chargesheet.

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In his order, JMFC Rai said, “… there must be proof that the rash or negligent act of the accused was the proximate cause of death. There must be a direct nexus between the death of the person and the rash and negligent act of the accused.”

“None of the PWs (witnesses) have deposed in their evidence that they ever witnessed the accused Shiv Dutt at the site and that construction was going on under his supervision and control. None of the witnesses deposed that accused Shiv Dutt ever raised any illegal construction in the premises in violation of the by-laws of MCD,” he added.

While Dutt was acquitted, the court directed that the injured survivors and the family of the deceased be granted financial relief under the Delhi Victim Compensation Scheme.

Nirbhay Thakur is a Senior Correspondent with The Indian Express who primarily covers district courts in Delhi and has reported on the trials of many high-profile cases since 2023. Professional Background Education: Nirbhay is an economics graduate from Delhi University. Beats: His reporting spans the trial courts, and he occasionally interviews ambassadors and has a keen interest in doing data stories. Specializations: He has a specific interest in data stories related to courts. Core Strength: Nirbhay is known for tracking long-running legal sagas and providing meticulous updates on high-profile criminal trials. Recent notable articles In 2025, he has written long form articles and two investigations. Along with breaking many court stories, he has also done various exclusive stories. 1) A long form on Surender Koli, accused in the Nithari serial killings of 2006. He was acquitted after spending 2 decades in jail. was a branded man. Deemed the “cannibal" who allegedly lured children to his employer’s house in Noida, murdered them, and “ate their flesh” – his actions cited were cited as evidence of human depravity at its worst. However, the SC acquitted him finding various lapses in the investigation. The Indian Express spoke to his lawyers and traced the 2 decades journey.  2) For decades, the Jawaharlal Nehru University (JNU) has been at the forefront of the Government’s national rankings, placed at No. 2 over the past two years alone. It has also been the crucible of campus activism, its protests often spilling into national debates, its student leaders going on to become the faces and voices of political parties of all hues and thoughts. The Indian Express looked at all court cases spanning over two decades and did an investigation. 3) Investigation on the 700 Delhi riots cases. The Indian Express found that in 17 of 93 acquittals (which amounted to 85% of the decided cases) in Delhi riots cases, courts red-flag ‘fabricated’ evidence and pulled up the police. Signature Style Nirbhay’s writing is characterized by its procedural depth. He excels at summarizing 400-page chargesheets and complex court orders into digestible news for the general public. X (Twitter): @Nirbhaya99 ... Read More

 

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