"It's A Heritage, Must Be Preserved": High Court Calls For Repair, Structural Additions To Regal Building In Delhi's Connaught Place

The Delhi High Court has called for repair and structural additions to secure the structural integrity of the Regal Building in city's Connaught Place area. The Court emphasized that the heritage structure of the building has to be protected and preserved.

Justice Sanjiv Sacheva perused the status report filed by the Department of Civil Engineer, Indian Institute Technology of Delhi (IIT, Delhi) recommending that a survey of the building structure has to be carried out and that any ad-hoc modification or repair without carrying out an analysis of the building must not be encouraged.

The Court noted that the recommendations were issued on the ground that additions, alternations and modifications had been carried out to the structure over the years and that the normal expected life of 50 to 75 years is over as the building is now approximately 80 years old.

"Perusal of the report indicates that major structural additions, alternations repair would be required to secure the structural integrity of the building. The building is a heritage building and as such heritage structure of the building has to be protected and preserved," the Court said.

The Court was thus of the view that for the purposes of carrying out the repair and renovation, addition and alternation, not only the Heritage Conservation Committee but all occupies and owners of the building will have to be taken on board as the same cannot be carried out in a piecemeal and that consolidated efforts will need to be put in by all the stakeholder.

The counsel appearing for the Regal Building Welfare Association submitted that all the occupiers and owners were not members of the Association and since the survey had been carried out for a part of the building, they had been making an effort to put all the stakeholders to notice about the pending proceedings.

"In view of the above, a copy of the report be circulated by the Association to all the owners/occupiers and stakeholders of the left side of Regal Building when facing Regal building commencing from Regal building going on to Parliament Street," the Court ordered.

It added "The owners/occupiers and stakeholders be informed that expenditure for the purposes of testing and repair/renovation would have to be incurred and shared by them and in case they do not join then as per the recommendations made in the report dated 07.03.2022 that there is a higher risk of further collapse of the top floor of the building, coercive measures would be required to be taken by the NDMC to secure the building so as to prevent any mishap."

Noting that the report also suggested that the Debris from the collapses that have already taken place in the building must be immediately cleared, the Court directed the owners and occupiers of the portions where the Debris of the collapses were lying, to take steps to remove the same.

"The work of removal of Debris shall be carried out expeditiously under the supervision of officers of the NDMC. Once the removal of Debris work is concluded, the premises shall once again be sealed and the sealing shall be subject to further orders to be passed by the Court," the Court said.

The Court also directed the North Delhi Municipal Corporation (NDMC) to further inquire from the Joint Registrar (Legal) IIT as to the tentative expenditure required to be incurred for the purposes of detailed survey and testing as suggested in the status report.

The matter will now be heard on April 11.

Case Title: M/S C.S. BHATNAGAR AND COMPANY & ORS. v. NEW DELHI MUNICIPAL COUNCIL & ANR. and other connected matters

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