Delhi High Court Upholds Demolition of Signature View Apartments Due to Structural Concerns

Court affirms decision based on expert reports, dismisses appeal challenging demolition order  

News Report:  

In a significant judgment, the Delhi High Court has upheld the decision to demolish the Signature View Apartments, emphasizing the reliance on expert reports for such determinations. The ruling came in the case of Man Mohan Singh Attri v. Union of India, where the appellant challenged the order for demolition citing various procedural and substantive grounds.

The Signature View Apartments, comprising 336 flats initially constructed for the Commonwealth Games, were found to have severe structural deficiencies, prompting safety concerns. Reports from the National Council for Cement and Building Materials (NCCBM) and IIT Delhi highlighted the extensive deterioration, recommending immediate evacuation and demolition.

The Delhi Municipal Corporation Act, under Section 348, allows the removal of dangerous buildings based on expert opinions. The court clarified that such decisions, when supported by credible material, fall beyond the scope of judicial interference. The judgment reiterated the limited jurisdiction of courts in technical matters where domain experts have provided conclusive assessments.

The appellant argued that the demolition order was passed by a delegatee of the Commissioner, contending that only the Commissioner should exercise this authority. However, the court noted that delegation of powers under Section 348 does not vitiate the legality of the order. Moreover, it dismissed claims that the reports lacked credibility due to not being conducted by MCD officials, affirming that external expert reports are valid bases for such decisions.

The court referenced multiple precedents underscoring the non-interference principle in expert-based administrative decisions, reinforcing that public safety takes precedence over individual grievances. The appellant's plea for another structural audit was also rejected, as the existing reports were deemed thorough and conclusive.

This decision marks a pivotal affirmation of administrative discretion in managing urban safety and infrastructure integrity, setting a precedent for similar cases where expert assessments play a critical role in determining public safety measures.

Bottom Line:

Delhi Municipal Corporation Act - Section 348 - Removal of dangerous buildings - Satisfaction of the authority under Section 348 based on expert reports - Courts cannot interfere with the sufficiency of materials considered by the authority. 

Statutory provision(s): Delhi Municipal Corporation Act, 1957 Section 348, Section 349

Man Mohan Singh Attri v. Union of India, (Delhi)(DB) : Law Finder Doc Id # 2779976