Government can't escape responsibility: Delhi High Court on Satya Niketan building collapse

"Majority of them are perhaps still lying under the debris, there can’t be anything more sad than this," the Court added.
Delhi High Court
Delhi High Court
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The Delhi High Court on Monday directed the Delhi government to intensify efforts to rescue students trappened under the debris of a multi-storied Paying Guest (PG) building that collapsed in South West Delhi's Satya Niketan.

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia expressed anguish over the incident and warned the government that it could not wash its hands off the tragedy.

"You [government] can't escape responsibility... 50 young students who are at the threshold of their lives... Majority of them are perhaps still lying under the debris, there can’t be anything more sad than this," the Court said.

The Court lamented that such tragedies occur in the national capital every second year. It questioned the Delhi government about what it was doing to stop such incidents.

Solicitor General Tushar Mehta appeared for the Central government, the Municipal Corporation of Delhi (MCD) and Delhi Police today.

He assured the Bench that all possible measures were being taken, and that the rescue operation was in full swing. He also flagged concerns about videos being circulated on social media showing persons injured or trapped under the rubble.

"Death can’t be sensationalised; tragedy can’t be sensationalised," Mehta, while requesting the Bench to issue directions against the circulation of the sensitive videos. The Court said it will consider the issue.

The Court was considering a public interest litigation (PIL) filed by one Aniket Kumar Gupta has sought ₹1 crore compensation for the kin of the victims of the collapse, besides a structural audit of all PG accommodations/ hostels.

The Court has sought the response of the Central government, the MCD and Delhi University to the PIL. It directed the government and authorities to file replies stating clearly how many students live in such PGs. The Delhi University has been asked to explain how many students take admission and how many are given hostel facilities.

It further directed the Delhi government to inform the Court about how it plans to stop such incidents in future. The MCD, meanwhile, has been directed to inform whether there are statutory or executive regulations regulating PG hotels in Delhi.

The Court also asked SG Mehta to impress upon the government the need to provide hostel facilities to students. The Bench expressed concerns over the way the PGs are often constructed in violation of civil laws.

"PGs are not only very dangerous, but they are causing a threat to the life and security of the students, and this is because of an absolutely inadequate number of hostels for the students," the Court said.

The Court further observed that there was a need to regulate PGs more strictly.

"You are investing in the future of the country. It is a very very pathetic situation so far as the number of hostels run by the government and universities is concerned. Some mechanism should be put in place to regulate these PGs. These PG owners indulge in construction recklessly. If the permission is for two stories, the construction is made for six, and this collapse is probably a result of that," the Court remarked.

The matter will be heard next on September 25.

According to reports, at least six people have died in the building collapse near Delhi University‘s South Campus. An FIR has been registered against the person who ran the PG accommodation.

The PIL filed on the matter before the High Court said that preliminary reports indicate that repair, renovation or construction-related work was allegedly being undertaken in the building immediately before the collapse.

"Questions have arisen regarding the legality of such work, the structural integrity of the premises, compliance with sanctioned building plans, use of the premises as a PG/hostel, existence of structural stability certifications, fire safety compliance and the adequacy of inspections conducted by the concerned statutory authorities," the plea said.

Besides compensation to the kin of victims, the petitioner has sought an independent and comprehensive investigation into the causes leading to the collapse, including the role of owners, builders, contractors, architects, structural engineers, persons involved in renovation work and public authorities responsible for inspection and enforcement of building regulations.

He has also sought an immediate comprehensive structural safety audit of all PGs, hostels and student accommodation premises in Satya Niketan, and in other major student accommodation clusters of Delhi.

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