हिंदी

“Unsafe, Shoddy Signature View Flats”: Delhi HC Slams DDA; Allows Demolition

Demolition of the complex

The Delhi High Court on Monday sharply criticized the Delhi Development Authority (DDA) for its substandard construction of the Signature View Apartments in Mukherjee Nagar, New Delhi, and cleared the way for the demolition of the complex.

Furthermore, court also directed the DDA to ensure that residents are paid interim rent while they stay in alternative accommodations until the apartments are reconstructed.

Justice Mini Pushkarna expressed strong disapproval of the DDA’s conduct, describing it as an act of “gross negligence and apathy” that led to structurally unsafe buildings.

“Such delinquency is unpardonable as it has put the lives of hundreds of residents at great risk,” the judge remarked. The Court noted that the DDA’s failure to uphold the residents’ right to life under Article 21 of the Constitution resulted in a “perilous situation” for the occupants.

The Signature View Apartments were part of a multi-story housing scheme launched by the DDA in 2010, consisting of 336 flats. Soon after residents moved in, signs of deterioration became apparent, including the falling of exterior plasters and ceiling damage.

Despite multiple cosmetic repairs by the DDA, deeper structural issues remained unresolved, and reports indicated the buildings were beyond repair. In December 2023, the Municipal Corporation of Delhi (MCD) declared the complex “dangerous.”

The DDA proposed demolishing the apartments and rebuilding them, a plan that most residents agreed with. However, they objected to the DDA’s condition of paying interim rent only after all residents vacated the flats. While around 70% of residents moved out, some remained in the complex. The DDA contended that demolition could not proceed until the building was fully vacant.

The Court, in its verdict on December 23, upheld the proposal to demolish the complex, citing multiple inspections and expert reports confirming the buildings’ structural unsafety. “Ordinarily, the Court would not interfere in policy matters, but in this case, the buildings are structurally unsafe,” the Court stated.

However, the Court ruled against the DDA’s plan to build an additional 168 flats on areas that were originally designated as common spaces. The Court sided with the residents, stating that these areas belonged to them, and the DDA no longer had the rights to alter them once the flats were transferred to the owners.

On the issue of interim rent, the Court clarified that the DDA must pay it to any resident who vacates their flat, regardless of whether all other residents have left. The Court reasoned that waiting for all occupants to vacate before disbursing rent was unreasonable, given the perilous condition of the buildings. The DDA’s proposal to pay ₹50,000 per month to High Income Group (HIG) residents and ₹38,000 per month to Middle Income Group (MIG) residents was accepted, with a 10% annual increment until the residents are handed over the reconstructed flats.

Court also instructed the DDA to list all pending matters for hearing on January 17, 2025, and hoped such issues would not recur in the future.

Senior Advocates Maninder Acharya, Deepika V Marwaha, and other legal representatives appeared for the petitioners and DDA, respectively.

Read More: Supreme CourtDelhi High CourtStates High CourtInternational

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About the Author: Meera Verma

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