[Delhi Coaching Centre Deaths] High Court Slams Govt's "Freebie Culture"; Says Civic Bodies Have No Money To Revamp Infrastructure

The Delhi High Court today tore into Delhi government's "freebie" policies in the aftermath of the recent basement flooding in city's Rajendra Nagar area wherein three civil services aspirants lost their lives.

A division bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela said because of the "freebie culture", the government has no money to upgrade the infrastructure, particularly the city's drainage system, in face of the exploding population of the city.

"You are permitting multi-storey buildings but there is no proper drain. Your civic authorities are bankrupt. If you don't have money to pay salaries, how will you upgrade infrastructure? You want freebie culture. You're not collecting any money, so you're not spending any money," the ACJ orally remarked.

He continued, "We ask MCD to carry out projects. Any project above Rs 5 crore they say will be approved by Standing committee. But there is no Committee. Yesterday, one plan they said has to go to Cabinet. What's the next date of caninet meeting, nobody knows! You have to decide on this freebie culture. There is a population of 3.3 crore people in this city whereas it was planned for 6-7 lakh people. How do you plan to accommodate so many people without upgrading infrastructure?"

The bench was hearing a public interest litigation seeking constitution of a High Level Committee to probe The three aspirants died in a flooded basement at Rau's IAS coaching centre in Delhi's Old Rajendra Nagar.

The counsel appearing for Kutumb, the petitioner organisation, referred to various similar incidents in city's Mukerjee Nagar and Vivek Vihar areas and said that despite judicial directions being issued to the civic authorities, no steps have been taken.

He further said that a letter was sent to the government regarding the illegal operation of Rau's IAS coaching centre, followed by two reminders but no steps were taken in the matter. It was contended that lives of the three aspirants would have been saved if timely action was taken.

The counsel appearing for the MCD on the other hand contended that authorities have been conducting inspections and notices were issued to around 75 institutes. “35 were shut and 25 sealed. I am not justifying anything but action is being taken,” he said.

MCD counsel also said the entire blame is put on MCD when the Complaint was sent to GNCTD, which sat on it for 22 days. "On July 1 GNCTD inspects a basement, issues a clearance on July 9. Then they forward it to public grievance commission with remark to forward it to MCD. On July 18, it is received by MCD Commissioner. He forwards to Deputy Commissioner the next day who forwards to JE. He looks at it on Saturday-Sunday. He finds that complaint is of June 26. Three days later the incident occurs. There was a bonafide assumption that Delhi Fire Safety had inspected the property and gave a certificate. How does entire blame come on MCD?”

The bench orally questioned as to why was the century-old infrastructure not upgraded in the first instance, when the building byelaws were being liberalized?

The court further said there is a "major disconnect" between infrastructure of the city and present day needs.

As the court was informed that some municipal officers were terminated due to their lapses, the bench remarked,

“You have terminated junior officers but what about senior officers who should have supervised?…At some time senior officers have to visit and inspect. They are not leaving their AC offices. If you think with buildings you can fight with nature, you're mistaken. And what is this planning? One day you are complaining of drought and next day there is flood? You are not ready for anything...You have to decide on this freebie culture. There is a population of 3.3 crore people in this city whereas it was planned for 6-7 lakh people. How do you plan to accommodate so many people without upgrading the infrastructure?”

The bench also said that responsibility has to be fixed in the matter, calling it an “infrastructural breakdown.”

ACJ Manmohan also questioned the Delhi Police on the arrest of SUV driver in the case, remarking that everyone is trying to protect each other's back.

"What is police doing catching passersby-a driver saying that 'because you have passed so water has entered the basement'. Have you questioned person who has not done the desilting?" the ACJ remarked.

The court impleaded Delhi Police in the PIL after an oral prayer was made by the petitioner's counsel.

The court directed Delhi Government's counsel, Advocate Jawahar Raja, to ensure that the concerned DCP and IO are present in court with all relevant files on the next date of hearing. 

The court also directed that the MCD Commissioner be personally present in court. The matter will now be heard on Friday.

The petitioner was represented by Advocates Rudra Vikram Singh, Yash Giri and Anuj Shukla.

The PIL seeks constitution of a district level committee in each district of the national capital to investigate and find out the illegal commercial construction in their respective districts. 

It further seeks a direction on the authorities to submit the action taken report as per the directions issued by a coordinate bench in relation to the fire incident in coaching centre in Mukherjee Nagar.

The plea also seeks constitution of a committee to probe and compile the report of the coaching institutes which are running in an illegal manner and not following the standard norms.

Reportedly, Delhi Lieutenant Governor Vinai Kumar Saxena has announced Rs. 10 lakhs as compensation for the kin of three deceased civil services aspirants.

The LG further assured action against the erring officials of Delhi Fire Services, Delhi police and the Municipal Corporation of Delhi (MCD) within 24 hours.

Title: Kutumb v. State & Ors.