GRAP restrictions: Delhi HC directs constitution of committee on demolition of dangerous buildings

GRAP restrictions: Delhi HC directs constitution of committee on demolition of dangerous buildings

New Delhi, The Delhi High Court has directed the MCD commissioner to constitute a high-powered committee in consultation with Chief Minister Rekha Gupta to deal with the issue of repair, sealing or demolition of dangerous and dilapidated buildings during GR-related restrictions.

GRAP restrictions: Delhi HC directs constitution of committee on demolition of dangerous buildings

In an order passed on November 6, Justice Saurabh Banerjee observed that since demolition activities are prohibited during the Graded Response Action Plan -related restrictions, the civic authorities cannot take steps for the removal of such dangerous structures till February 10, and directed that the committee be constituted as expeditiously as possible, preferably within a week.

Justice Banerjee took suo motu cognisance of the imminent threat to the lives of occupants and owners of such buildings as well as to the passers-by and occupants of adjoining properties, and remarked that the court "cannot just remain a mute spectator" in the face of tragedies like the Satya Niketan building collapse.

"No doubt, the directions issued under GR cannot be disregarded; however, at the same time it cannot be ignored that the ongoing rampant unauthorised constructions within the jurisdiction of this Court have very serious repercussions and are endangering/ exposing human lives to an imminent but avoidable risk/ danger, and which is evident from the series of unfortunate incidents involving the collapse of buildings in different parts of Delhi within a relatively short span of time, including the building collapse at Satya Niketan and, much recently at Chawri Bazaar, which have resulted in the loss of numerous human lives," the court stated.

The court passed the order while dealing with a case in which the MCD has issued a notice under Section 348 of the Delhi Municipal Corporation Act for a property found to be in a ruinous condition.

Emphasising that the right to life casts an obligation on the State to take reasonable and effective measures to protect human life from foreseeable dangers, the court said the MCD, in such a "precarious situation", cannot shirk away from its obligation by merely conducting inspections or issuing notices while leaving the underlying danger unaddressed till an unfortunate incident occurs.

Fixing the matter for hearing on January 1, the Court directed that a copy of the order be sent to the chief minister and the MCD commissioner.

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