The Supreme Court has widened its scrutiny of building safety and unauthorised land use across the country following the fatal collapse of a five-storey paying guest accommodation in Delhi’s Satya Niketan, directing civic authorities in the capitals of all States and Union Territories to submit reports on compliance with building bye-laws.
A Bench comprising Justice Ahsanuddin Amanullah and Justice R. Mahadevan on Thursday decided against taking over proceedings pending before the Delhi High Court concerning the Satya Niketan incident. Instead, the Bench permitted the High Court to continue monitoring the matter and requested it to oversee the proceedings at regular intervals.
The Supreme Court was informed by Amicus Curiae, Senior Advocate Ajit Kumar Sinha, that the Delhi High Court had already initiated corrective measures following the collapse, including action against unauthorised structures. However, he emphasised that the issues before the Supreme Court were considerably broader and extended beyond PG accommodations.
The Amicus pointed out that similar violations could potentially exist in establishments such as gyms, coaching centres and business-process outsourcing units, where buildings intended for one purpose may be subjected to substantially higher occupancy or a different commercial use.
The Court was apprised of inspections in Saidulajab, where certain establishments were reportedly accommodating large numbers of people. During the hearing, Justice Amanullah expressed concern over situations where hundreds of individuals could be accommodated in premises without adequate arrangements for safe ingress and egress.
The proceedings before the Supreme Court relate to the larger issue of unauthorised construction, violation of building regulations and the conversion of residential premises for commercial purposes.
The issue acquired renewed urgency after the September 6 collapse of the Satya Niketan building, which was being used as a PG accommodation. The incident resulted in seven deaths, while 12 people sustained injuries.
The Supreme Court had earlier directed civic bodies in the capital cities of every State and Union Territory to undertake a comprehensive exercise to identify residential premises being utilised for non-residential purposes. The direction was issued on March 25 as part of the Court’s pan-India examination of building bye-law and land-use violations.
The Court subsequently noted in its August 5 order that physical surveys in certain areas falling within the jurisdiction of the New Delhi Municipal Council and Municipal Corporation of Delhi had not been completed. The civic bodies were directed to deploy competent draftsmen to facilitate the inspection exercise. A similar survey was also ordered in Lucknow.
During Thursday’s hearing, the Court noted that inspections had already been undertaken in parts of Delhi and Lucknow. The Delhi exercise covered Lajpat Nagar, Malviya Nagar and Sarojini Nagar, while Aliganj was inspected in Lucknow.
The Bench has now directed the concerned authorities across States and Union Territories to place on record their respective reports detailing the action taken pursuant to the Supreme Court’s earlier directions, particularly with respect to violations of building bye-laws and misuse of land.
The Court’s order comes amid growing concern over the conversion of residential properties into high-occupancy commercial establishments without adequate structural, fire-safety and access arrangements.
The Supreme Court has also been considering whether the inspection exercise should specifically cover PG accommodations, private hostels and similar establishments catering to students and working professionals. The Amicus has sought a time-bound inspection and safety audit of such premises in Delhi.
Earlier inspections ordered by the Supreme Court in areas including Lajpat Nagar, Saket and Malviya Nagar had identified certain structures in Saidulajab, Saket and Lajpat Nagar as being in precarious or unsafe condition.
The Supreme Court has listed the matter for further consideration on September 15 at 2 PM, when the status of compliance by the concerned civic authorities is expected to be examined.
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