Supreme Court Addresses MCD’s Oversight in Saket Building Collapse
A recent report submitted by an amicus curiae to the Supreme Court of India has spotlighted the Municipal Corporation of Delhi (MCD) for its negligence, which allegedly led to the tragic collapse of a five-story building in Saket, South Delhi. This incident, which occurred at Western Marg in Saidulajab on May 30, resulted in the loss of six lives and left at least 14 others injured.
The report, filed by Senior Advocate Ajit Kumar Sinha through advocate Govind Jee, was reviewed by a bench comprising Justices Ahsanuddin Amanullah and R. Mahadevan. The document asserts that the MCD was aware of unauthorized construction activities at the site as early as 2015 but failed to act accordingly. This inaction was highlighted in a broader context when the Court had previously ordered an investigation into widespread violations of building bye-laws and illegal land-use conversions across India on March 25. Following this, on May 20, the Court instructed authorities to report on actions taken against such illegal constructions.
Interestingly, the building collapse occurred just days after these directives. The amicus curiae’s report contains a critical detail; it references a statement made by the MCD to the Delhi High Court six weeks before the collapse. The MCD had assured the court that “no construction whatsoever was going on in the subject property” in response to a petition by Abdul Sakir, seeking to halt unauthorized developments. Furthermore, the MCD characterized the petition as a manifestation of a private dispute between a landlord and tenant.
Contrary to these claims, the amicus curiae revealed that the illegal construction had been ongoing and was documented in phases by the MCD itself. Violations concerning the basement, ground, and first floors were recorded in 2012, and further unauthorized construction of the second and third floors was noted in May 2015.
The report argues that the continuation of these activities was possible only because responsible officers failed to uphold their duties, effectively turning a blind eye to the issue. The High Court had even directed the MCD in December 2020 to ensure compliance with existing building bye-laws. The amicus curiae criticized the MCD’s response post-collapse, describing it as “a mere eyewash” and “a post-facto and cosmetic exercise.”
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In response to the tragedy, Assistant Engineer Sudesh Singh Chouhan and Junior Engineer Aman Jain from the Building Department were suspended. The report attributes the collapse to a “dereliction of duties and slackness” by these officials. It further urged the Supreme Court to mandate the MCD to submit an affidavit explaining the oversight and to conduct structural audits of all buildings within its jurisdiction. The report also calls for a time-bound process to seal and demolish illegal structures.
