MCD knew about violations at collapsed Saket building since 2015, turned a blind eye: Amicus to Supreme Court

A report filed by an amicus curiae (lawyer who assists the court) before the Supreme Court has blamed the Municipal Corporation of Delhi (MCD) for the recent collapse of a 5-story building in South Delhi's Saket area.

The building collapse at Western Marg in Saidulajab on May 30 left six people dead and at least 14 injured.

In a report filed before a bench of Justices Ahsanuddin Amanullah and R Mahadevan, it has been stated that the MCD failed to discharge its duty despite remaining aware of the unauthorised construction since 2015.

The report settled by Senior Advocate and Amicus Curiae Ajit Kumar Sinha was filed through advocate Govind Jee.

On March 25, the Court had ordered a pan-India inquiry into rampant violations of building bye-laws and illegal land-use conversions. Subsequently, the Court on May 20 directed the authorities to apprise it about the action taken by them against illegal constructions.

Saidulajab building collapsed just days after the order. Sinha has now filed a report before the top court about the collapse.

The most damaging charge in the report concerns a statement made on behalf of MCD before the Delhi High Court approximately six weeks before the collapse.

During the hearing of petition filed by one Abdul Sakir seeking a direction to stop unauthorised construction at the property, the counsel representing the MCD counsel had told the High Court that "no construction whatsoever was going on in the subject property".

The MCD had also submitted that the petition was triggered by a private dispute between the landlord and the tenant.

However, the amicus has now told the Court that the statement made by the MCD was false as the illegal construction at the site progressed in three stages spanning over a decade, each recorded by the MCD itself.

The illegalities relating to the basement, ground floor and first floor were booked by the MCD in 2012. The unauthorised addition of the second and third floors was booked by MCD in May 2015.

According to the amicus, the construction going on since 2015 would not have continued "unless the concerned officers who were entrusted with the duty to protect citizens, turned a blind eye."

It also highlights that the High Court in December 2020 had directed the MCD to ensure that construction was carried out in accordance with the extant building bye-laws.

The report describes the MCD's post-collapse response as "a mere eyewash" and "a post-facto and cosmetic exercise.

Assistant Engineer Sudesh Singh Chouhan of the Building Department and Junior Engineer Aman Jain were suspended only after the tragedy, the report states. It attributes the collapse to "dereliction of duties and slackness" on the part of these officials in discharging their functions.

The amicus has sought directions requiring MCD to file an affidavit explaining how the illegal structure was permitted to stand, to conduct structural audits of all premises within its jurisdiction and to carry out sealing and demolition of illegal structures in a time-bound manner.