New Delhi: On the Rajendra Nagar incident, where three UPSC aspirants died, the Delhi High Court on Wednesday directed that senior officials of the Municipal Corporation of Delhi (MCD) must visit the affected areas to ensure change.
The court ordered that an affidavit detailing the actions taken be submitted by Thursday. It also mandated that all relevant files be produced before the court and that the MCD Director must be present.
Additionally, Delhi Police should be added as a respondent in the case.
The court listed the Rajendra Nagar incident matter for Friday and remarked, "All these constructions are only coming up in connivance with the system. You have to fix responsibility." The court's view is that the problematic constructions are a result of systemic issues and emphasizes the need to identify and hold accountable those responsible.
The bench led by Acting Chief Justice Manmohan, comprising Justice Tushar Rao Gedela, viewed that a comprehensive review of the city's administrative and infrastructure systems is necessary to address the systemic issues and failures highlighted by recent incidents. It said, "The entire administrative infrastructure of Delhi needs to be re-examined."
During the hearing, the Court indicated issuing orders to identify and assign accountability for the infrastructural failures and to ensure that the issue is addressed through a formal statutory process.
During the hearing of a Public Interest Litigation concerning the Rajendra Nagar incident, the Delhi High Court criticized the Delhi Government, the MCD, and other civic authorities. The court questioned why century-old infrastructure had not been upgraded, despite the liberalization of bylaws.
The Delhi High Court further questioned how water entered the basements during the Rajinder Nagar incident, emphasizing that the infrastructure had not been adequately upgraded. The court criticized the civic authorities, stating, "I'm sorry to say the civic authorities are bankrupt," and highlighting a severe lack of effective action and responsibility in addressing infrastructure issues and safety concerns.
The Delhi High Court further criticized the authorities by saying, "You want to have a freebie culture; you're not spending any money." The court also questioned the presence and effectiveness of the police, asking, "Where is the police? Busy arresting a driver?"
The Delhi High Court also targeted the proliferation of multiple authorities, stating, "You've created so many authorities, each one is passing the buck." The court condemned the situation as a "sham," reflecting frustration with the inefficiency and lack of accountability among various agencies involved in addressing the issues highlighted by the Rajendra Nagar incident.
The Delhi High Court asked, "Was the drain de-silted on time?" and noted that no MCD official has been held responsible so far. Delhi High Court questioned, "How come there was so much accumulated water over there?"
The Delhi HC also criticized the authorities, stating, "You are taking action against every passerby but not against the officials. You've suspended the junior-most officers; what happens to the seniors who have not exercised their duty? Senior officers are not moving out of their air-conditioned offices."
The Delhi High Court questioned the MCD, saying, "If you don't have money to take care of your salaries, how will you take care of three crore people of Delhi? The Delhi High Court's Acting Chief Justice remarked, "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 the next day there is a flood?"
The court criticized the inadequate planning and infrastructure that failed to address natural challenges effectively, highlighting the inconsistency and poor management in dealing with both droughts and floods.
The Delhi High Court highlighted the shortcomings of the MCD, and said, "We ask MCD to carry out projects. Any project above Rs 5 crore they say will be approved by the Standing Committee. But there is no Committee. How do you plan to run this city when you can't sanction anything above Rs 5 crore?"
The court also criticized the lack of clarity on administrative processes, noting that a plan was said to need Cabinet approval, but no one knew the next Cabinet meeting date. The Delhi High Court showed concerns about the city's ability to manage and accommodate its large population given outdated infrastructure and inadequate planning. It also stated that "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 Delhi High Court remarked, "We understand all stakeholders are responsible. We are all part of the city. Even we are opening the drain, closing the drain. But the difference is, that you are building the city. This is a strategy where no person is held responsible. We have to find out where the jurisdiction of one authority ends and the responsibility of another begins."
The Delhi High Court was hearing Public Interest Litigation (PIL) seeking the formation of a high-level committee to investigate the Rajendra Nagar incident, where three people lost their lives.
The petition also sought directions for an investigation into the Municipal Corporation of Delhi officers who allegedly failed to act on a complaint received on June 26, 2024.
The petitioner is Kutumb, an NGO. The plea also seeks direction to constitute a district-level committee in each district of Delhi to investigate and address illegal commercial constructions.
The plea demanded to submission of an action taken report concerning the Mukherjee Nagar incident as previously ordered by the court and the formation of a committee to investigate coaching institutes operating illegally or not adhering to standard norms.
According to the plea, the prayers collectively aim to address systemic issues in regulatory enforcement and ensure accountability in cases of illegal construction and non-compliance by educational institutions.
The plea further submitted that due to huge corruption involved in the departments of the respondents, many people have lost their lives for years and the Capital of India has faced many terrible and scary incidents in the past few years.
In a recent incident that happened in a coaching institute situated in Rajendra Nagar, New Delhi wherein three young Civil Servant aspirants lost their lives and many others are struggling between life and death due to the negligence of the Respondents.
Unfortunately, this was not the first incident in the capital of India but many such unfortunate events have taken place in Delhi in the past few years, but the respondents have never taken any preventive measures to avoid such scary incidents.
On July 28, another PIL was moved for the directions to Municipal Corporation of Delhi (MCD) to implement immediate measures to prevent similar incidents in the future. The court's intervention aims to address and mitigate issues related to waterlogging and improve safety conditions.
The plea stated that last year, a devastating fire engulfed a coaching institute in northwest Delhi's Mukherjee Nagar, compelling the panic-stricken students to leap out of windows in a desperate bid to escape the inferno.
Numerous students also resorted to rappelling down the building using ropes as a last-ditch effort to save their lives.
In May, the Delhi High Court ordered the Municipal Corporation of Delhi and Delhi Development Authority to immediately shut down any coaching centre found to be operating in contravention of the prescribed fire safety norms.
The court's pronouncement came in the wake of several petitions concerning the functioning of coaching centres in the area, including in a case that the high court had initiated on its own after taking note of a fire at one such institution in June 2023.
The high court had previously emphasised that the safety of students was an absolute necessity and that all coaching centres must either adhere to the statutory requirements mandated by Delhi Master Plan 2021 and other relevant regulations or face imminent closure, plea read.
As many as three civil services aspirants died after the basement of a coaching centre in Delhi's Old Rajendra Nagar area was flooded after heavy rainfall hit the national capital, said officials on Saturday. The Delhi Fire Department received a call from Rau's IAS Study Circle at around 7 pm on Saturday about the flooded and waterlogged basement. (ANI)
