SC warns of personal liability for officials over unauthorised constructions
SC warns officials over unauthorised constructions

The Supreme Court on Thursday issued a stern warning that it will fix personal responsibility on officials who fail to act against unauthorised constructions in Delhi-NCR, taking serious note of recent fire incidents in Delhi and Lucknow.

Court's Strong Stance

A Bench led by Justice A. Amanullah, also comprising Justice R. Mahadevan, pulled up civic bodies for inaction, stating, "We will pass orders and it will pinch a lot of people. We will attach personal responsibility on the officers and will speak in black and white." The court expressed disappointment that only face-saving measures were being taken, with builders being apprehended but not the officials in charge of areas where rampant violations occurred.

The Bench referred to its May 20 directions for sealing, demolition, or other legal actions against unauthorised structures, noting that little had been done. It sought the personal appearance of officials from the Municipal Corporation of Delhi (MCD), Gurugram, and Lucknow to explain non-compliance.

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Inspection Teams Ordered

The court ordered the formation of an inspection team comprising two senior professors from IIT Delhi and two draftsmen, assisted by MCD officials, to inspect Saket, Lajpat Nagar, and Sarojini Nagar areas in Delhi. A similar exercise was ordered for Aliganj in Lucknow. Additional Solicitor General Aishwarya Bhati will coordinate the entire exercise.

Additional Solicitor General SD Sanjay, representing MCD, stated that certain steps had been taken and would be detailed before the next hearing.

Fire Safety Concerns

Referring to a media report that nearly 93% of buildings in Gurugram lacked mandatory fire safety measures, the Bench summoned the Vice Chairman of the Gurugram Development Authority to appear on August 4. It also ordered the Commissioner of the Lucknow Municipal Corporation to appear on the next hearing date.

Senior advocate and amicus curiae Ajit Kumar Sinha pointed out that only three states had filed affidavits without specifying steps taken against violations. He warned that violations in Sarojini Nagar and Lajpat Nagar posed a threat of calamity.

Pan-India Inquiry

On March 25, the court had already ordered a pan-India inquiry into the misuse of residential properties and illegal land-use conversions, expressing serious concern over widespread violations of building regulations and alleged failure of municipal authorities.

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