Delhi PG collapse: Plea to seek action expansion against illegal constructions

A plea is expected to be mentioned before the Supreme Court on Tuesday, seeking an urgent expansion of the court-monitored exercise against illegal constructions and unauthorised change of land use in Delhi, following the death of seven people in the collapse of an illegally constructed building used as a student PG in Satya Niketan.

Senior advocate Ajit Kumar Sinha, the amicus curiae in the matter, and advocate-on-record Govind Jee, are expected to cite the latest status report related to the exercise before a bench led by Justice Ahsanuddin Amanullah at 2 pm, seeking further directions to prevent a recurrence of the Satya Niketan tragedy.

The report proposes a time-bound inspection and safety audit of PG accommodations, private hostels and similar student accommodation facilities in and around colleges and universities across Delhi.

The amicus has specifically asked the Supreme Court to consider extending its inspection exercise beyond Lajpat Nagar, Saket and Malviya Nagar, which the court identified in its July 9 order. Satya Niketan was not covered by that exercise, even though the locality has emerged as a major student accommodation hub near Delhi University’s South Campus, with PGs, hostels, messes, eateries and other commercial establishments.

The latest report records that a multi-storeyed building at P-14, Satya Niketan, collapsed on September 6. The property, spread over approximately 55 square yards, comprised a basement and four floors above the ground and was being used as a boys’ PG under the name Hostel Daze. Seven people died, and at least 12 were rescued. The precise cause of the collapse remains under investigation. Preliminary material indicated construction-related work in or around the basement and reports of waterlogging immediately before the incident.

The report points out that the Supreme Court in March took note of what it described as widespread and blatant violations of building by-laws and land-use regulations, including construction in prohibited areas and subsequent use of buildings for purposes other than those for which sanction was granted. The court had said the issue needed to be monitored on a pan-India basis.

The amicus has now urged that the inspection exercise cover PGs, private hostels and similar student accommodation establishments around colleges and universities across Delhi. The proposed audit is to verify the sanctioned building plans, actual construction and number of floors, basement construction and alterations, permissible land use, structural safety, fire-safety compliance, means of ingress and egress, and whether the premises are in a dangerous or ruinous condition.

The urgency of the request has been underlined, citing the Municipal Corporation of Delhi (MCD)’s action against an adjoining property at P-13, Satya Niketan, which was found to be in a dangerous condition. The MCD issued an order on September 6 under the Delhi Municipal Corporation Act directing demolition of the structure within the stipulated period. Five South Zone MCD officials have been suspended in connection with the Satya Niketan incident.

On Monday, the Delhi high court directed the MCD to inspect, within a week, all PG hostels under its jurisdiction and report whether the buildings housing them were constructed with requisite permissions and whether there had been violations of those permissions or building by-laws.

The high court directed the MCD to disclose whether statutory or executive regulations exist for regulating PG hostels in Delhi. It ordered an inquiry, at the highest executive level, into whether the building that collapsed at Satya Niketan was constructed with valid permissions. If violations are found, the MCD has been directed to fix responsibility on the officials or employees responsible for the lapse and indicate what action has been proposed against them.

The amicus report places the Satya Niketan tragedy in a wider context, noting that the locality had witnessed another building collapse in April 2022, in which two people were killed and four injured. It says the recurrence raises serious questions about the effectiveness of the existing mechanism for inspecting buildings, identifying dangerous structures and enforcing building by-laws.

It flags the concentration of PG accommodations and private hostels around Delhi’s colleges and universities, pointing out that such establishments are often operated from residential properties that may have undergone additions, alterations or changes in use. The amicus has said compliance with sanctioned plans, building by-laws, permissible land use, structural safety and fire-safety norms requires verification by the competent authorities.

The Supreme Court had ordered earlier inspection of buildings in Lajpat Nagar, Saket and Malviya Nagar after taking note of the larger problem of unauthorised and unsafe constructions in Delhi. That inspection was completed on September 3, and the committee is understood to have found certain buildings in Saidulajab, Saket and Lajpat Nagar to be in precarious and unsafe condition. Its report is expected to be placed before the Supreme Court shortly.

The amicus has asked the Supreme Court to consider the developments arising from the Satya Niketan collapse and issue such further directions as it considers appropriate, particularly to ensure that the inspection and safety audit is not confined to a handful of localities but covers vulnerable student accommodation across Delhi.