Authored By Kiran Raj

The Delhi High Court on 23rd December adjudicated a series of petitions regarding the structural safety, demolition, and reconstruction of Signature View Apartments, Mukherjee Nagar, New Delhi. The case, CONT.CAS(C) 647/2024, highlights severe lapses in construction quality by the Delhi Development Authority (DDA), leading to significant public safety concerns for residents. 

The residential complex, comprising 336 flats, began displaying structural deficiencies soon after allotment under the DDA Housing Scheme. Extensive cracking in beams, columns, and pillars, along with incidents of falling plaster and ceilings, compelled the residents to approach the Court. Multiple technical reports from the National Council for Cement and Building Materials (NCCBM) and IIT Delhi unequivocally declared the structures unfit for habitation. The reports concluded that the buildings were beyond repair, necessitating immediate demolition and reconstruction.

The petitioners, represented by Senior Counsel Ms. Maninder Acharya, argued that the DDA’s use of substandard materials violated their fundamental rights under Article 21 of the Constitution. They stated, “The callousness of the DDA in ensuring construction quality has put hundreds of lives at risk. The residents are forced to live in constant fear of collapse.” The petitioners also challenged the DDA’s rehabilitation conditions, which mandated 100% evacuation and financial institution No Objection Certificates (NOCs) before disbursing rental compensation.

The DDA, represented by Senior Counsel Ms. Deepika V. Marwaha, defended its actions, maintaining that demolition and reconstruction were the only viable solutions. It contended, “The safety of residents is paramount, and reconstruction will adhere to the enhanced norms of the Master Plan Delhi (MPD) 2021 and Unified Building Byelaws. Justice Mini Pushkarna, delivering the judgment, acknowledged the gravity of the structural flaws and the imminent danger posed to residents. The Court observed, “The rapid deterioration of the Signature View Apartments highlights gross negligence by the DDA in its statutory duty to ensure safe and habitable living conditions. Such lapses cannot be condoned.”

The Court approved the DDA’s decision to demolish the unsafe structures but issued specific directions to ensure fair rehabilitation:

1. The Court ruled that the conditions requiring 100% evacuation and NOCs from financial institutions before granting rental compensation were arbitrary. It directed the DDA to immediately disburse compensation to willing evacuees without awaiting full evacuation.
2. Rental compensation must be aligned with prevailing market rates, allowing residents to secure alternate accommodation of comparable size and location. The DDA’s offer of ₹38,000 and ₹50,000 per month was deemed acceptable, but the Court directed periodic reviews to account for inflation and market changes.
3. Residents would be compensated for one-time relocation expenses, ensuring that their move to temporary accommodation does not impose undue financial hardship.
4. The Court mandated that reconstruction timelines be strictly adhered to, with penalties for delays. The reconstruction process would be monitored by independent technical experts to ensure compliance with quality standards.
5. Residents must be given homes in the reconstructed buildings that are equivalent in size and specifications to their original flats.

Additionally, the Court directed the DDA to investigate and address the lapses in construction quality, holding responsible officials and contractors accountable for the negligence. It remarked, “Those responsible for the use of substandard materials and construction flaws must be brought to account. The principles of transparency and accountability are paramount in public projects.”

The matter has been listed for periodic compliance monitoring to ensure adherence to the Court’s directives.

Case Title: Vishwajeet Singh and Ors. vs. Sh. Subhasish Panda
Case Number: CONT.CAS(C) 647/2024 & connected matters
Bench: Justice Mini Pushkarna

[Read/Download order]