Delhi HC Clears Signature View Apartments Demolition

24 Dec 2024 CW Team

The Delhi High Court has upheld the decision of the Municipal Corporation of Delhi (MCD) to declare Signature View Apartments ""dangerous and not fit for habitation,"" clearing the path for the Delhi Development Authority (DDA) to demolish the unsafe structures. The court granted residents three months to vacate the premises while castigating DDA for its ""unpardonable delinquency and gross negligence"" that endangered lives.

Justice Mini Pushkarna, citing expert reports, stated that the pillars of the buildings had developed wide cracks, and steel bars were corroded, rendering the structures incapable of supporting their load. Despite repeated repair efforts, the apartments remained structurally unsafe. ""The persistent threat to life and well-being of the residents has been irrefutably highlighted,"" Justice Pushkarna remarked in the 145-page judgment.

The court underscored that incidents of collapsing ceilings and falling plaster were frequent, directly infringing on residents' constitutional rights to life and dignity under Article 21. It condemned the DDA's failure to address structural defects adequately, labeling the situation a stark example of official apathy.

While the court allowed the DDA to proceed with reconstruction post-demolition, it denied the agency permission to build 168 additional flats. Justice Pushkarna emphasized that the residents' rights over common areas, including green spaces, community zones, and natural light, must be preserved. The court noted that altering the original layout would compromise the residents' living conditions and property rights.

This case, termed ""one of its kind"" by the court, revealed shocking lapses in DDA's oversight, highlighting the critical need for accountability in urban housing projects.

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