Delhi High Court Upholds Demolition Of Signature View Apartments, Raps DDA For Substandard Construction

The Delhi High Court has upheld the decision of the Delhi Development Authority (DDA) for demolition and reconstruction of Signature View Apartments in city's Mukherjee Nagar which was found to be unfit for habitation by structural experts and have been declared as dangerous.

Justice Mini Pushkarna rapped the DDA for failure of discharging its public functions, observing that ordinary citizens were put in a perilous situation on account of substandard and inferior construction of residential towers by the authority.

“The present cases are one of their kinds that bring to the fore shocking facts regarding the apathy displayed by the Delhi Development Authority (“DDA”) in getting residential towers constructed under the DDA Housing Scheme, which started displaying signs of deterioration within a short span of their disposal and occupation by the residents,” the Court said.

It added that the delinquency and gross negligence by DDA was unpardonable as the same has put lives of hundreds of residents to great risk and danger.

“Despite extensive repair work, the degeneration and dilapidation of the structures could not be prevented on account of the poor quality of construction. The facts on record establish structural defects and flaws in the construction of the apartments in question, making them structurally unsafe,” the Court said.

It added: “Wide and deep cracks have developed in the beams, columns and pillars of the structures. There is corrosion and rusting of the steel bars, with deterioration in the reinforced concrete with heavy corrosion. Incidents of falling of interior ceilings of roofs of the flats, and falling of large lumps of exterior plaster, have been reported continuously.”

The Court made the observations in a 145 page ruling while disposing of a batch of petitions filed by residents, raising various issues including rehabilitation of residents.

Justice Pushkarna held that the petitioners being the allottees of the flats, were entitled to the proportionate land, as well as right or interest in the common area and facility.

“This Court cannot be oblivious to the needs of the petitioners for living with dignity and with adequate open spaces. It is to be noted that the petitioners had purchased the flats by taking into account the original sanctioned layout plan of the housing estate/society with regard to the parking area, community space, common area, green area/open space, natural airflow and sunlight and other basic amenities. Therefore, thevaluable rights of the residents over the common areas cannot be impaired,” the Court said.

Furthermore, the Court upheld the decision of the Municipal Corporation of Delhi (MCD) declaring the structures as dangerous and held that the DDA has the authority to demolish the structures and reconstruct the same.

“The residents of Signature View Apartments have rights over the common areas and facilities. The DDA is not entitled to construct extra flats. The benefit of enhanced FAR shall inure to the benefit of the owners of the flats of Signature View Apartments,” it held.

The Court also directed that all the occupants of Signature View Apartments, who have still not vacated the flats, shall vacate the flats within three months.

“The DDA shall pay facilitation amount/rent at the rate of Rs. 50,000/- per month to owners/occupants of HIG Flats and Rs. 38,000/- per month to owner/occupant of MIG Flats from the date when the flat has been vacated,” the Court ordered.

It also directed the DDA to continue to pay the facilitation amount or rent to the owners le occupants of Signature View Apartments, till possession of reconstructed flats is handed over to them.

Title: VISHWAJEET SINGH AND ORS v. SH SUBHASISH PANDA and other connected matters

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