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The Delhi High Court on Monday asked the authorities to double their efforts to save the lives of students affected by the collapse of a five-storeyed PG or hostel building at city's Satya Niketan area yesterday.

The collapse has reportedly resulted in multiple deaths and injuries to students.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia noted the assurance given by SGI Tushar Mehta, appearing for Union Government, Delhi Police and Municipal Corporation of Delhi (MCD), that all possible steps are being taken and that the rescue operation is carried out in full swing.

“We hope that efforts shall be doubled by the authorities so that the human lives can be saved,” the Court said, adding that the authorities cannot escape from their responsibilities.

The Court issued notice on a PIL filed by law student Aniket Kumar Gupta, seeking urgent medical care and rehabilitation of affected students, compensation to victims, safe relocation of students from unsafe premises and preservation of crucial evidence relating to the collapse.

It also seeks constitution of an independent Judicial or Technical Committee to ascertain the precise cause of the collapse and fix responsibility, besides a comprehensive structural and safety audit of PGs, hostels and other student accommodation facilities in Delhi.

Calling it the “most unfortunate incident,” the Court noted that though Mehta assured that authorities will make best efforts in so far as the rescue operation is concerned, but the deeper and meaningful approach has to be adopted by the authorities.

It said that the building which collapse housed students studying in Delhi University or its affiliated colleges, most of which were outstation students. The Court said that it is common knowledge that DU does not provide for adequate facilities to outstation students as a result of which they are constrained to take shelter in such PG hostels.

The Court observed that the incident is not only unfortunate but also causes deep concern about the inadequate housing facilities in hostels for students, including their safety and security. It added that the responsibility of such mishap is not solely of the owner of the PG hostels but it goes to the university authorities as also the MCD which is responsible to ensure that every single development in Delhi, such as construction of building or repair etc, is carried out strictly in accordance with building byelaws and other regulations.

“It is not difficult to think that such mishaps are the result of inadequate measures deployed by the MCD and other authorities. Had the authorities been adhered to their responsibilities and duties, such incidents could have been avoided, the Bench said.

It thus directed the authorities to file their separate responses, and ordered the MCD to clearly indicate as to whether there is any statutory regulations in place regulating the PG hostels in Delhi.

The Court directed DU to indicate as to how many outstation students take admissions in its colleges and how many hostels are being housed by the varsity or the government.

It also directed that the MCD must at its highest executive level take up the issue and get an enquiry conducted as to whether the buildings which collapsed were constructed under valid permission or not. It added that if it is found that the construction was not done under valid permission, MCD shall fix responsibility of the erring official or employees for the lapse.

It also directed thatMCD shall prepare a report regarding the number of PG buildings or hostels constructed under permissions and further any violation of such permissions or building bye laws are there. The responses have to be filed within 10 days.

The Court orally asked Mehta to impress upon the government for providing adequate facilities of hostels to the students. CJ remarked that such PGs are not only very dangerous but are causing threat to life and security of the students.

“In Delhi, students from all over the country come to study. Even for doing courses in humanities and sciences, not only for vocational courses. Therefore you need to double down your efforts to provide for hostels. Many colleges don't have their own hostel. DU hardly has two or three hostels. The government does not have hostels. If you invest in such measures, you are investing in the children who are future of the country. This is very pathetic situation so fat as availability of hostels is concerned,” CJ said.

He added: “There has to be some regulation or statutory mechanism put in place to regulate these PGs. Otherwise because of so many factors these PG owners recklessly indulge in such operations. If permission is granted to them for two floors, they construct for six. The foundation remains the same…. 50 young students who are at the threshold of entering their lives and 7 of them have died. Only few could be rescued. The majority of them perhaps ate still lying under the debris. There cannot be anything more sad than this. It is your responsibility. You cannot escape from your responsibility.”

Title: ANIKET KUMAR GUPTA v. GOVT. OF NCT OF DELHI & ORS

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