Govt can’t escape liability: Delhi HC demands answers

The Delhi High Court on Monday ordered a high-level MCD inquiry into the building collapse incident at Satya Niketan that left seven people dead and made it clear that the Government cannot evade responsibility.

The HC, which termed the incident “most unfortunate”, said such tragedies are a result of inadequate measures employed by the MCD and other authorities and directed them to double their rescue efforts.

A bench of Chief Justice DK Upadhyaya and Justice Tejas Karia said the incident is not only unfortunate but it has evoked deep concern about inadequate housing facilities, including hostels run by Delhi University or the Government, safety and security of students and not-so-adequate measures employed by the MCD and other authorities to regulate such PG facilities.

“The responsibility, prima facie, in our opinion, for such mishaps does not lie solely on the owner of the PG hostel. Rather, the responsibility goes to the university authorities as also the MCD, which is responsible to ensure every single development in Delhi, such as construction of a building or repair, etc is carried out strictly in accordance with the building bylaws or other regulations regulating the building’s development,” the bench said.

“The court’s remarks came while issuing notice to the Centre, Delhi Government, MCD, Delhi Police and NHRC on a PIL by law student Aniket Kumar Gupta, seeking urgent medical care and rehabilitation of affected students, Rs 1 crore compensation to the kin of the deceased and preservation of crucial evidence relating to the collapse.

The petition also sought a structural audit of all PG accommodations.

The court directed the authorities to file their replies within 10 days and listed the matter on September 25.

It noted the assurance given by Solicitor General Tushar Mehta, representing the Centre, Delhi Government, MCD and Delhi Police, that the rescue operation is being carried out in full swing and no stone will be left unturned.

The court noted that the PIL has been filed in the wake of the “most unfortunate incident” that happened on Sunday in Satya Niketan locality. It said many of the affected students have been taken to hospital and others are still presumably lying inside the debris crying for help and their lives.

The court directed that the MCD at the highest executive level should take up the issue and get an enquiry conducted as to whether the buildings which collapsed in the incident were constructed as per any valid permission or not.

“If it is found that the buildings were constructed without valid permission, the MCD shall fix the responsibility of the officials concerned for such lapse.

“MCD shall also prepare a report indicating whether the buildings in which PG hostels are housed have been constructed in terms of requisite permission and whether there has been any violation to such permissions or building bylaws. The report shall also include how many students are residing in these PG hostels,” the bench said.

It noted that the buildings that collapsed housed students studying in DU-affiliated colleges and many of them were from other cities.

The bench noted that DU does not provide adequate hostel facilities to its outstation students, due to which the students and their parents are constrained to take shelter in these PG hostels.

The court directed the MCD to explain in its affidavit whether there are any statutory or executive regulations in place regulating the PG hostels. It asked DU to indicate in its response how many outstation students take admission in colleges affiliated to it and how many hostels are being run by it or the Government.

The bench asked Mehta to impress upon the Government to provide hostel facility to students, which the law officer said appeared to be the root cause of the incident.

“It is not only very dangerous but they are causing threat to the lives, security of these students. This is because of absolutely inadequate number of hostels. In Delhi, students from all over the country come to study. That’s the reputation these institutions enjoy,” it said.

The court said if the authorities invest in such measures, they are investing in children who are the future of the country.

“It is a very pathetic situation so far as the number of hostels run by the Government and universities is concerned. Some statutory mechanism should be put in place to regulate these PGs. These PG owners recklessly indulge in construction. If the permission is for two-storey building, the construction is made for six, foundation remains the same and this collapse is probably a result of such construction,” it remarked.

“There were 50 young students who were at the threshold of entering their lives and seven of them have died. Majority of them are perhaps still lying under the debris, there can’t be anything more sad than this. You (Government) can’t escape your responsibility,” the bench said, adding that every second year such incidents are happening.

Mehta and the petitioner’s counsel flagged concerns about videos being circulated on social media showing persons injured or trapped under the debris and urged the court to issue directions stopping the circulation of such sensitive videos.

“Death can’t be sensationalised. No tragedy can be sensationalised,” Mehta said.