Delhi High Court Clears Path for Safer Housing: Signature View Appartments Demolition Approved

                The Delhi high court on Monday approved the demolition of Signature View Apartments in Mukherjee Nagar, criticising the Delhi Development Authority (DDA) for “delinquency and 
gross negligence” that was “unpardonable” and endangered the lives of hundreds of residents.
The court held that the Municipal Corporation of Delhi (MCD) made a “considered” decision in December 2023 to demolish the buildings, based on the evidence before it.
A bench of justice Mini Pushkarna also directed that DDA pay the owners rent from the time the reconstructed flats are handed over to them.
The court, in its 145-page ruling, highlighted the rapid deterioration of the apartments, which posed severe risks to the residents.
“The present cases are one of their kinds that bring to the fore shocking facts regarding the apathy displayed by DDA in getting residential towers constructed … which started 
displaying signs of deterioration within a short span… Such delinquency and gross negligence by DDA is unpardonable, as the same has put the lives of hundreds of residents therein, 
at great risk and danger, the court said.
“Despite extensive repair work, the degeneration and dilapidation of the structures could not be prevented on account of the poor quality of construction,” it added.
On December 18, 2023, MCD issued a demolition order declaring the towers structurally unsafe.

The court found DDA’s repair work to be cosmetic and insufficient to address the underlying structural issues. Justice Pushkarna noted that the MCD had enough evidence to declare 
the buildings dangerous and unsafe for habitation.
“Considering the various documents placed before this court, it cannot be said that there was no material before the commissioner MCD or his delegate to arrive at the conclusion that 
the buildings in question were dangerous… On the basis of the material before it, the MCD issued the order under Sections 348 and 349 of the DMC Act, thereby, declaring the towers 
of the Signature View Apartments as dangerous and not fit for habitation,” justice Pushkarna said.
The court passed its order after hearing the flat owners’ plea where they had accused civic agencies of corruption and maladministration, claiming substandard materials were used 
during construction. The plea also sought to restrain MCD from demolishing the apartments based on its 2023 order.
In response, DDA, represented by advocate Deepika V Marwaha, argued that the residents’ pleas were filed in bad faith to obstruct legitimate actions for the safety of the residents.
MCD, represented by advocate Puja Kalra, had submitted that the corporation had concluded that the towers were dangerous and not fit for habitation after applying its mind to various 
reports of detailed study submitted by experts.
The Union ministry of housing and urban affairs (MoHUA) represented by senior advocate Anurag Ahluwalia had submitted that the buildings in question were structurally unsafe as 
corrosion in all the structures had been developed significantly.
The court also rejected DDA’s proposal to build 168 additional flats by using an enhanced floor area ratio (FAR), stating that this would infringe upon the material rights of the flat 
owners. The court emphasized that the common areas and facilities had already been transferred to the owners, and no additional flats could be built without their consent.
Finally, Justice Pushkarna instructed DDA to pay facilitation amounts to the owners — ₹50,000 per month for HIG flats and ₹38,000 per month for MIG flats — until possession of the 
reconstructed flats is handed over, holding that residents are entitled to payment of facilitation amount/rent, till they are handed over possession of reconstructed flats.
“The amount of facilitation amount/rent shall be enhanced at the rate of 10% per annum by the DDA, at the end of each year,” the judgement stated.
Residents of the apartment welcomed the high court decision.
“This is a welcome judgement. All our grievances have been addressed as the petitioners had asked that rent be provided immediately and additional flats not be made. The judge has 
addressed both these issues and directed DDA to start rent immediately after people move out. It has also directed that no additional flats be made. Most of the residents who are still 
living here are ready to shift soon,” said Amrendra Kumar Rakesh, RWA president of SVA.
“All residents are very happy with the order, especially the elderly and those who were thinking of the additional rent as a huge financial burden. Now that the court has asked DDA to 
start giving rent as soon as people shift out, people will start vacating without further putting their lives at risk,” said Gaurav Pandey, RWA general secretary.
HT approached DDA for a comment on the matter, but DDA did not respond to the request.



Source : Hindustan Times