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The Delhi High Court has taken suo motu cognizance of the issue of dilapidated and structurally unsafe buildings in the national capital, observing that the Municipal Corporation of Delhi (MCD) cannot shirk away from its obligation by merely conducting inspections or issuing notices.

Justice Saurabh Banerjee directed the MCD Commissioner, in consultation with the Chief Minister of Delhi, to constitute a High-Powered Committee to examine and formulate an effective alternative mechanism for dealing with buildings identified as dilapidated, structurally unsafe or dangerous during the ongoing Graded Response Action Plan (GRAP) restrictions.

The Court said the mechanism may include sealing, repairing or controlled demolition of such buildings.

The Court noted that the MCD has issued notices under Section 348 of the Delhi Municipal Corporation Act, 1957, in respect of properties found to be in a dilapidated, ruinous, dangerous or likely-to-fall condition. However, it observed that the civic body had, for reasons unknown, failed to take effective steps for a considerable period and was now unable to implement further measures on the ground due to GRAP restrictions, at least until February 10, 2027.

“No doubt, the directions issued under GRAP cannot be disregarded, however, at the same time it cannot be ignored that the on-going rampant unauthorised constructions within the jurisdiction of this Court have a very serious repercussions and is endangering/ exposing the human lives to an imminent but avoidable risk/ danger,” the Court observed.

Justice Banerjee referred to a series of building collapse incidents in Delhi, including those at Satya Niketan and Chawri Bazaar, which resulted in the loss of numerous lives.

It said that it could not remain a “mute spectator” to the issue, particularly when unsafe buildings pose a threat not only to their occupants and owners but also to passers-by, users of adjoining properties and the general public.

The Court further observed that the right to life under Article 21 of the Constitution of India is not merely a negative restriction on the State but also imposes a positive obligation to take reasonable and effective measures to protect human life from foreseeable dangers.

It emphasised that the MCD cannot shirk its responsibility by merely conducting inspections or issuing notices while leaving the underlying danger unaddressed until an unfortunate incident occurs.

The Court directed that the High-Powered Committee be constituted “as expeditiously as possible”, preferably within a week.

The directions were passed while considering a petition filed by Mohd Asif and other individuals against the MCD and other authorities.

The Court directed that the matter be listed on January 20, 2027, the date already fixed.

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