Signature View Apartments Demolition Approved by Delhi High Court, DDA Criticized for Construction Flaws

The Delhi High Court upheld the decision of the Delhi Development Authority (DDA) to demolish and reconstruct the Signature View Apartments in Mukherjee Nagar, Delhi. The apartments, which had been found structurally unsafe by experts, were declared unfit for habitation due to significant structural defects.

The court's ruling came after the DDA failed to address the numerous issues regarding the apartments’ construction quality, which had led to severe deterioration within a short period after the residents moved in. The court pointed out the negligence of the DDA in carrying out its public responsibilities and highlighted the severe risks posed to the lives of residents due to the poor construction practices.

Justice Mini Pushkarna, who delivered the ruling, noted that the case was a unique example of how the DDA’s failure in ensuring quality construction had endangered public safety. "These cases bring to light the shocking apathy displayed by the DDA in the construction of residential towers under its housing scheme," the court remarked. The apartments, which had started showing signs of deterioration within a short time, were plagued by deep cracks in beams, columns, and pillars. There was also significant corrosion and rusting of steel reinforcements, as well as falling ceilings and plaster from the interior and exterior of the flats.

Despite multiple repair attempts, the structural damage could not be rectified, confirming the apartments' unsafe condition. In response, the DDA was criticized for its gross negligence, which had put hundreds of residents in a perilous situation.

In its judgment, the court also addressed the residents’ rights. It held that they were entitled to retain their rights to the land, common areas, and other facilities in the building. "The valuable rights of the residents over the common areas cannot be impaired," the court stated. This was in recognition of the residents' original expectations based on the sanctioned layout plan, which included provisions for parking, community spaces, green areas, and adequate airflow and sunlight.

The ruling also affirmed the Municipal Corporation of Delhi (MCD) decision to declare the buildings as dangerous and authorized the DDA to demolish and rebuild the apartments. The court emphasized that while the DDA could demolish the structures, it was prohibited from constructing additional flats or changing the original design beyond the allocated Floor Area Ratio (FAR), which would benefit the current residents.

Additionally, the court directed the DDA to ensure the rehabilitation of residents. Those who had not yet vacated the apartments were ordered to do so within three months. To assist with the relocation, the court instructed the DDA to pay a monthly facilitation amount—Rs. 50,000 for high-income group (HIG) flats and Rs. 38,000 for middle-income group (MIG) flats—until the reconstructed flats were ready for occupancy.

This decision follows a thorough examination of the multiple petitions filed by the residents, addressing various concerns including safety, rehabilitation, and compensation for the poor construction quality. The court’s ruling serves as a warning to the DDA and similar authorities, underscoring the importance of maintaining construction standards to ensure the safety and well-being of the public.

Image source-livelaw.in