Illegal buildings in Delhi taking cover behind special provision law: Experts

Experts and stakeholders pointed out that the National Capital Territory of Delhi Laws (Special Provisions) was initially brought in 2006 for just a year

The collapse of a four-storey building in Mustafabad that left 11 dead on Saturday has again shone the spotlight on the lack of structural safety in mushrooming multi-storey buildings in Delhi’s unauthorised colonies. A lack of adherence to safety codes, lax enforcement and protection under special laws are the key problems, experts said.

The site of the building collapse. (Sanjeev Verma/HT Photo)

Experts and stakeholders pointed out that the National Capital Territory of Delhi Laws (Special Provisions) was initially brought in 2006 for just a year to protect unauthorised colonies from punitive sealing and demolition. However, it has since seen multiple extensions through ordinances and laws enacted from time to time — the latest of which protects buildings built before 2014 till December 2026. Meanwhile, the process to regularise these localities has largely remained on paper.

Jagdish Mamgain, former works committee chairman (2010-12) in unified MCD and an expert in urban planning, said: “It (the law) was initially just meant for one year but over the 19 years, these colonies, their buildings have grown manifold. No building plans are sanctioned in these areas and even the bare minimum safety norms are not followed. What has been its impact? The same old structures with poor foundations have been laden with more and more floors making the structures even weaker”.

A senior Municipal Corporation of Delhi (MCD) official, on condition of anonymity, said that once a structure or addition is completed, it is difficult to prove whether it was made before 2014 or after it. “The loophole leaves scope for corruption among local officials, police and builders. A permanent solution towards regularisation is needed,” the official said.

The official said that according to the master plan projections, the city needs to add 100,000 dwelling units every year to meet the demand. “On average, municipal corporations have been passing around 5,000 to 6,000 building plans every year. Even if we consider two dwelling units in each of these, almost 3/4th of the demand is being met by illegal houses being built in violation of rules,” the official said.

Former MCD commissioner KS Mehra said that the safety norms in unauthorised colonies are practically non-existent and emphasised the need for a mechanism to ensure human safety. “Delhi faces a demand-supply issue of housing for poor. This ends up in massive growth of illegal structures. In 1962, the first master plan came and within next 10 years, we saw massive growth of buildings where provisions were not being followed. Over 75% of construction in these areas is not as per MPD and building bylaws. Decision is required to regularise these areas and ensure at least minimum safety,” he said.

A second MCD official said that the city has seen large-scale construction of illegal properties beyond the cutoff date of June 2014. “We have more than 80,000 properties which have been booked for such illegal construction beyond the cut-off date. The real number of actual construction would be much higher. We need a new policy solution for this problem,” he said.

AK Jain, former DDA commissioner (planning), said: “If a building safety is compromised, MCD can always intervene to save human lives.” Jain said that authorities must now focus on a regularisation plan which incorporates provisions of safety.