NEW DELHI: Upholding Municipal Corporation of Delhi’s decision to declare Signature View Apartments “dangerous and not fit for habitation”, Delhi High Court on Monday cleared the way for its demolition by Delhi Development Authority and gave three months for the remaining residents to vacate it.
However, the court castigated DDA, saying its “delinquency and gross negligence is unpardonable as the same has put the lives of hundreds of residents therein at great risk and danger”.
Justice Mini Pushkarna cited reports placed on record clearly showing that pillars of some of the buildings developed wide, deep cracks, and the steel bars were rusted due to corrosion. “The persistent threat to the life and well-being of the residents of the society has been highlighted irrefutably by the reports of the structural experts. Repair works were undertaken by DDA on many occasions. Yet, the buildings remained structurally unsafe. Accordingly, this court finds no error in the decision of DDA and MCD to declare the structures as dangerous and not fit for habitation, and to carry out reconstruction of the same after demolition.” The court was dealing with a plea filed by some residents against the decision of DDA and MCD.
In its 145-page verdict, the court noted that the pillars of all the buildings, which were basic to the strength of the structure, were not in a condition or have the strength to take the load of and support the multistorey. It pointed out that the facts “establish structural defects and flaws in the construction of the apartments, making them structurally unsafe”.
It pointed out, “Wide and deep cracks have developed in the beams, columns, and pillars of the structures. There is corrosion and rusting of the steel bars, with deterioration in the reinforced concrete with heavy corrosion. Incidents of falling of interior ceilings of roofs of the flats, and falling of large lumps of exterior plaster, have been reported continuously. The avid object of Right to Life and Right to Live with Dignity, as embodied in Article 21 of Constitution of India, has been infringed with impunity, on account of the callousness and dereliction of DDA.”
The court said DDA had the authority to demolish and reconstruct the apartments but denied the land-owning agency permission to construct 168 additional flats, saying that the residents had rights over the common areas and facilities. “This court cannot be oblivious to the needs of the petitioners for living with dignity and with adequate open spaces. It is to be noted that the petitioners purchased the flats by taking into account the original sanctioned layout plan… with regard to the parking area, community space, common area, green area/open space, natural airflow and sunlight and other basic amenities. Therefore, the valuable rights of the residents over the common areas cannot be impaired,” it noted.The extra flats will compromise the rights of the allottees in respect of land rights as well as the FAR/enhanced FAR, the judge said.
Calling the case one of its kind, HC said it revealed shocking facts regarding the apathy displayed by DDA in getting the residential towers constructed.
Source Homevior.in
