Court Directs Immediate Implementation of Safety Guidelines and SOPs for Urban Emergencies
In a landmark ruling, the Allahabad High Court has issued directives for a comprehensive, court-monitored safety audit of construction sites across Noida and Greater Noida. The directive comes in response to a Public Interest Litigation (PIL) filed by Himanshu Jaiswal, which seeks to address significant safety concerns at construction sites and during urban emergencies. The case, titled "Himanshu Jaiswal v. State of U.P and others," was presided over by Justices Mahesh Chandra Tripathi and Kunal Ravi Singh.
The court has emphasized the necessity for timely completion of the safety audit, which will cover open-construction sites, basements, excavations, trenches, and water-logged bodies that pose a risk to public safety. The audit is to be completed within a time-frame specified by the court to ensure that safety measures are in place and enforced.
A major aspect of the court's order is the establishment of a high-level inquiry, preferably headed by a retired judge, to investigate the circumstances leading to the death of Mr. Yuvraj Mehta. The inquiry aims to uncover the failures of statutory authorities in securing hazardous sites and to address any omissions and delays by police and rescue agencies. The court has made it clear that accountability should not be limited to private builders but should extend to all responsible authorities and officials.
Furthermore, the court has instructed the formulation and strict enforcement of mandatory safety guidelines for ongoing and abandoned construction sites. The state and relevant authorities have also been directed to develop and implement clear Standard Operating Procedures (SOPs) to manage urban emergencies effectively.
During the hearing, the court noted a lack of adequate response from the State Disaster Response Force (SDRF) and the National Disaster Response Force (NDRF) despite their presence at the site during the incident involving Mr. Mehta. The court expects detailed affidavits from these agencies to outline the steps taken during the rescue and the training provided to their response teams.
The bench expressed concern over the absence of a designated Nodal Officer in Noida to coordinate emergency responses between various agencies. The court has demanded an affidavit detailing any remedial steps taken by builders and the verification of such measures by the New Okhla Industrial Development Authority (NOIDA).
The court has scheduled the next hearing for March 20, 2026, at 10:00 am, expecting further affidavits and detailed responses from the concerned authorities to ensure the implementation of its directives.
Bottom Line:
Public Interest Litigation - Court-monitored inquiry and audit sought to address safety concerns at construction sites and urban emergencies, along with fixing responsibility of authorities and erring builders.
Statutory provision(s): Public Interest Litigation, Safety Audit, Standard Operating Procedures, Accountability of Authorities, Coordination in Emergencies.
Himanshu Jaiswal v. State of U.P and, (Allahabad)(DB) : Law Finder Doc id # 2869879
