Intend to lay down pan-India guidelines: Supreme Court on illegal constructions

Solicitor General Tushar Mehta said the Delhi High Court is already hearing a public interest litigation on the matter and had passed certain directions.

Justice Amanullah said the matters overlap and that the Supreme Court may transfer the High Court proceedings to itself. “It will enlarge the scope. We probably have something in mind. It has to be on an all-India basis,” he said.

The report, filed through Advocate Govind Jee, pointed out that Satya Niketan, located near the Delhi University South Campus, had “emerged as a major hub for student accommodation, with a large number of PG accommodations, hostels, messes, eateries and other commercial establishments operating in the area”.

“The present incident is also required to be viewed in the context of an earlier building collapse in Satya Niketan in April 2022, in which two persons lost their lives, and four others were injured. The recurrence of such an incident in the same locality raises serious concerns regarding the effectiveness of the existing mechanism for inspection, identification of dangerous structures and enforcement of building bye-laws,” it stated.

According to the report, the Satya Niketan incident also needs to be seen in the context of the “larger concentration of PG accommodations and private hostels in areas surrounding colleges and universities in Delhi”.

“Such establishments are often operated from residential properties which may have undergone additions, alterations or changes in use,” it stated. “The extent to which such premises comply with sanctioned building plans, applicable building bye-laws, permissible land use, structural safety requirements and fire-safety norms requires verification by the competent authorities.”

“In these circumstances, it would be appropriate that the inspection exercise be extended beyond the areas” presently identified by the Supreme Court, and that authorities concerned “undertake a time-bound inspection and safety audit of PG accommodations, private hostels and similar student-accommodation establishments situated in and around colleges and universities across Delhi,” the report stated.

“Such exercise ought to include verification of: (i) sanctioned building plans; (ii) actual construction and number of floors; (iii) basement construction and alterations; (iv) permissible land use; (v) structural safety; (vi) fire-safety compliance; (vii) means of ingress and egress; and (viii) the existence of any dangerous or ruinous condition.”

The report said the inspection of Lajpat Nagar and other areas was completed on September 3. “During the course of the said inspection, the Committee is stated to have found certain buildings situated in Saidulajab, Saket and Lajpat Nagar to be in a precarious and unsafe condition. The report of the Committee is presently under preparation and is expected to be placed before this Hon’ble Court shortly,” it stated.

It said “the precise cause and circumstances leading to the collapse are currently under investigation.”

“However, the preliminary material presently available indicates that construction-related work was being undertaken in or around the basement, and there were also reports of water logging in the basement immediately prior to the incident,” it stated.