SC panel flags widespread breach of building safety norms in Delhi

In its report, the SC panel has said that incidents such as the one in Hauz Rani have “shocked the nation to its core.”

The Supreme Court-appointed monitoring committee on sealing in Delhi has flagged widespread violations of the Capital’s Master Plan, building bye-laws and fire safety norms, warning that thousands of buildings operating as hotels, coaching centres, restaurants, nursing homes and banquet facilities have effectively become “unsafe buildings” that pose a serious threat to public safety.

In a report submitted to the SC, the three-member panel cited the recent Hauz Rani hotel fire that killed 23 people as evidence of years of unchecked illegal construction and weak enforcement by civic agencies. (RAJ K RAJ /HT)

In a 39-page report submitted to the Supreme Court, the three-member panel – comprising former Environment Pollution (Prevention and Control) Authority chairman Bhure Lal, major general Som Jhingon and former IAS officer Vijay Chhibber – cited the recent Hauz Rani hotel fire that killed 23 people as evidence of years of unchecked illegal construction and weak enforcement by civic agencies.

Hauz rani fire

Panel makes six broad recommendations

The panel -- constituted by the apex court in 2006 to monitor unauthorised construction and revived in 2017 where it undertook sealing drives in areas such as Defence Colony, Sundar Nagar, Amar Colony, Lajpat Nagar among other places -- said it had repeatedly highlighted misuse of residential premises and violations of the Master Plan of Delhi-2021 (MPD-2021), but corrective action had remained inadequate.

“The recent unfortunate incidents... have shocked the nation to its core,” the committee said, adding that the death of foreign nationals in the Hauz Rani fire had also raised international concerns about fire safety standards in Delhi.

In its report, the panel has said that incidents such as the one in Hauz Rani have “shocked the nation to its core” and have “raised eyebrows at the international level on the lack of fire safety in public buildings in the national capital.”

A central concern raised in the report is that successive amendments to MPD-2021 have steadily expanded commercial activity within residential neighbourhoods without corresponding changes to building standards or fire safety requirements.

It referred to the definition of “unsafe buildings” under the Unified Building Bye-Laws (UBBL)-2016, which classifies structures as unsafe if they are structurally unsound, lack adequate means of egress, constitute fire hazards or are otherwise dangerous to human life. It argued that many commercial establishments currently operating in residential areas fall squarely within this category.

Several calls made to the office of Bhure Lal went unanswered.

Operation of hotels from residential buildings

Among the most serious concerns highlighted is the operation of full-fledged hotels from residential buildings under the guise of bed-and-breakfast registrations or guesthouse permissions. The committee said many such establishments function without complying with fire safety norms applicable to hotels. It singled out Mahipalpur, where around 400 guesthouses and hotels operate, noting that despite repeated directions to authorities to identify and regulate such properties, “very little has been done”.

The report also flagged widespread violations by coaching centres, libraries, hospitals, nursing homes, restaurants and banquet facilities functioning from both planned and unplanned colonies. It observed that coaching centres routinely exceed permissible occupancy limits prescribed under building regulations. While such institutions are permitted under MPD-2021 as mixed-use activities, they effectively function as educational buildings without adhering to the safety norms applicable to that category.

“It is a well-known fact that hardly any coaching centre is complying with the condition of maintaining the number of students to less than 20 at any given time,” the report noted, adding that these centres should comply with standards applicable to educational buildings.

Commercial activity on upper floors of markets

The committee also criticised authorities for allowing commercial activity on upper floors of markets such as Khan Market, Sunder Nagar, Defence Colony, Greater Kailash, South Extension, Green Park, Hauz Khas, Model Town and Rajinder Nagar without ensuring compliance with evacuation and fire safety requirements. It recommended that no additional permissions be granted in such areas until existing violations are rectified.

According to the report, busy commercial hubs such as Rajouri Garden Market and Lajpat Nagar Central Market have become “technically unsafe buildings” because commercial activities extend across all floors and basements of structures originally designed for residential use.

Rajesh Goyal, the president of the Local Shopping Center Federation of Delhi said the local shopping centers were marked for commercial activities by the Delhi Development Authority (DDA) and traders have been following provisions made by the DDA and other statutory bodies.

“The sealing drives by monitoring committee have completely destroyed the business in so many market places. Another court appointed body, a judicial committee, had ruled in our favour seeking desealing of the properties in the LSC, however, the MCD went on appeal against it. If the DDA allows us to operate on all floors in these markets, then where is the problem,” he asked.

The committee further argued that Delhi’s mixed-use policy has transformed “almost every lane in the city into a marketplace”, aggravating traffic congestion, parking shortages, air pollution and noise pollution.

Warehouses operating on agricultural land

It also pointed to warehouses operating on agricultural land in village areas in violation of the Master Plan. “During its various inspections, monitoring committee noticed large number of warehouses/godowns operating from agricultural land in many villages… Committee repeatedly pointed out its observations regarding above to the concerned local body, but no action was taken to check this violation and the activity still continues uninterruptedly,” it added.

Another issue flagged by the committee relates to three Municipal Corporation of Delhi (MCD) circulars issued in 2022 permitting temporary structures and social functions at hotels, motels, farmhouses, village properties and unauthorised colonies. The panel argued that these circulars have no backing under the Delhi Municipal Corporation Act and violate both MPD-2021 and UBBL-2016. It urged the Supreme Court to direct the civic body to withdraw them.

The committee concluded that buildings located in residential or non-conforming areas where commercial activities attract crowds beyond permissible limits be treated as “unsafe buildings” and not be allowed to continue operations.

Citywide survey

Among its immediate recommendations, it urged the apex court to direct local bodies to undertake a citywide survey to identify unsafe commercial establishments and initiate enforcement action; ask the Delhi Development Authority to discontinue the existing mixed-use policy in future Master Plans; require the Delhi Fire Service to carry out random reassessments of buildings already granted fire safety certificates; direct MCD to withdraw its 2022 circulars; and ask the Delhi government to review its Bed and Breakfast policy to prevent residential premises from being converted into commercial hotels.

The committee has also sought transfer of all related cases concerning misuse of residential properties and unauthorised construction to the Supreme Court Bench already hearing similar matters, saying a coordinated approach was necessary to address the growing public safety risks.

A senior government official said he was unaware of the report, however, the government is completely revamping the fire safety situation in Delhi with capacity enhancement, third party auditors, independent random checks.

MCD officials did not respond to queries regarding why no action was taken despite the monitoring committee pointing out violations in its various reports.