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

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

In an order passed on November 6, Justice Saurabh Banerjee observed that since demolition activities are prohibited during the Graded Response Action Plan (GRAP)-related anti-pollution 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 GRAP 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," the court said

The court said the danger 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 resulted in the loss of numerous human lives".

"The Commissioner, MCD in consultation with the Hon'ble Chief Minister, Government of NCT of Delhi, is directed to constitute a High-Powered Committee as expeditiously as possible, preferably, within the next week," the court said.

It asked the committee to examine and formulate an effective alternative mechanism, "including but not limited to sealing, repairing or controlled demolition for buildings which have been identified as dilapidated/ structurally unsafe/ dangerous, during the on-going period/ subsistence of the GRAP restrictions".

The court passed the order while dealing with a case in which the MCD has issued a notice under Section 348 (Removal of dangerous buildings) 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.

Posting the matter for hearing on January 20, the High 0Court directed that a copy of the order be sent to the chief minister and the MCD commissioner.

A multi-storey building at Satya Niketan, which housed a boys' paying-guest accommodation near the Delhi University's South Campus, collapsed on September 6 while repair work was underway. Seven people died in the collapse and several were injured.

The high court, on September 7, ordered a high-level MCD inquiry into the building collapse incident at Satya Niketan that left seven people dead and made it clear that the government cannot evade responsibility.

A three-storey building collapsed in central Delhi's Chawri Bazar area earlier this month, leaving at least seven dead.