New Delhi, Sep 7 (IANS): The Delhi High Court on Monday expressed serious concern over the safety of students living in paying guest (PG) accommodations in the national Capital, observing that responsibility for the Satya Niketan building collapse cannot rest solely on the owner and that the Municipal Corporation of Delhi (MCD) and other authorities also have a duty to ensure compliance with building norms.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia issued notices to Delhi University, MCD, Delhi government, Centre and Delhi Police on a public interest litigation (PIL) filed after the collapse of a five-storeyed PG building in Satya Niketan on Sunday, which claimed seven lives.
The High Court directed the MCD to conduct an inquiry at the highest executive level to ascertain whether the collapsed buildings were constructed with valid permissions and in accordance with the applicable building bye-laws.
The CJ Upadhyaya-led Bench said that if the buildings were found to have been constructed without legal permission or in violation of the relevant bye-laws, the MCD must fix responsibility on the concerned officers or employees and inform the court about the action proposed against them.
"The responsibility, prima facie, in our opinion, for such mishaps does not lie solely on the owner of the PG hostel; rather, the responsibility also goes to the University authorities as well as to the MCD," the Delhi High Court observed. It further said that the civic body was responsible for ensuring that every construction or repair activity in Delhi was carried out strictly in accordance with building bye-laws and other regulations.
"Had the authorities been alive to their responsibilities and duties cast on them statutorily, perhaps, such incidents could have been avoided," the CJ Upadhyaya-led Bench said. It also raised concerns over the inadequate number of hostels available for students studying in Delhi University colleges, observing that many students from outside Delhi are compelled to depend on private PG accommodations.
"It is common knowledge that Delhi University does not provide adequate hostel facilities to its out-station students, as a result of which the students and their parents are constrained to take shelter in these PG hostels," the High Court said. It added that the incident raised wider concerns about inadequate housing facilities for students, their safety and security, and the measures deployed by the MCD and other authorities to regulate PG accommodations.
It further stressed the need for stricter regulation of such establishments and asked the government to make efforts to increase hostel facilities for students.
During the hearing, the Delhi High Court remarked that investment in hostel facilities was effectively an investment in the country's future. "You are investing in the future of the country. It is a very very pathetic situation so far as the number of hostels run by the government and universities is concerned. Some mechanism should be put in place to regulate these PGs," the CJ Upadhyaya-led Bench said.
It also expressed concern over alleged reckless construction by PG owners. "These PG owners indulge in construction recklessly. If the permission is for two stories, the construction is made for six, and this collapse is probably a result of that," it remarked.
The PIL, filed by law student Aniket Kumar Gupta, has raised issues concerning the protection of the fundamental right to life and safety of thousands of students residing in private PGs, hostels and similar student housing facilities in Delhi.
The petition was necessitated by the collapse of the building identified as "Hostel Daze Boys PG" at Satya Niketan, a densely populated student accommodation hub near Delhi University's South Campus.
According to the plea, the incident took place on September 6 and resulted in multiple fatalities, injuries and the entrapment of students under the debris. The petition has raised questions regarding alleged repair, renovation or construction-related work being carried out immediately before the collapse, besides the legality of such work, structural integrity of the premises, compliance with sanctioned building plans, use of the building as a PG or hostel, structural stability certification and fire safety compliance.
It has also highlighted the larger issue of student accommodation in areas including Satya Niketan, Vijay Nagar, Kamla Nagar, Mukherjee Nagar, Gandhi Vihar, Nehru Vihar, Hudson Lane, Gurmandi, Karol Bagh, Old Rajendra Nagar and Laxmi Nagar.
The plea has sought an independent, impartial and scientific investigation into the causes of the collapse, including the role of owners, builders, contractors, architects, structural engineers and officials responsible for inspection and enforcement of building regulations. It has also sought preservation of documentary and physical evidence, constitution of an independent judicial or technical committee, compensation and rehabilitation for victims and a time-bound structural safety audit of PGs and hostels across Delhi.
The petition has further sought an effective regulatory framework for student accommodations, including periodic inspections, public disclosure of safety status and immediate action against premises posing an imminent danger to life.
Meanwhile, Delhi Chief Minister Rekha Gupta said five MCD officials had been suspended in connection with the tragedy and ordered a citywide drive to seal buildings having unauthorised fifth floors.
The suspended officials include the Deputy Commissioner, Superintending Engineer, Executive Engineer, Assistant Engineer and Junior Engineer of the MCD's South Zone.
"The building owner has been arrested. Immediate sealing of buildings with unauthorised fifth floors has been ordered across Delhi," Gupta said. She added that nearby PGs and buildings were also being thoroughly inspected and warned that strict action, including sealing, would be taken against violations.
The owner of the collapsed building, Hariram Bansal, was arrested by Delhi Police from Bhiwadi in Rajasthan after a Look Out Circular was issued against him.
The Delhi High Court has listed the matter for further hearing on September 25.
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This report was published from a syndicated wire feed. Apart from the headline, the EdexLive Desk has not edited the copy.
