Delhi High Court Queries Basis of Signature View Apartments’ ‘Dangerous’ Label: MCD Under Scrutiny

 

Introduction

In a recent development, the Delhi High Court has sought explanations from the Municipal Corporation of Delhi (MCD) regarding the basis on which it declared Signature View Apartments as dangerous. This move comes amidst a series of legal actions and petitions surrounding the fate of the apartment complex. The court also emphasized the need for the Center’s stance on the matter, indicating a broader concern for the status of the building housing the apartments. The decision was made during a hearing where the court extended its interim stay on the proposed demolition of the towers.

 

The Court’s Orders and Questions

During the hearing, Justice Mini Pushkarna directed the MCD to provide detailed explanations regarding the declaration of Signature View Apartments as dangerous. Justice Pushkarna emphasized the importance of transparency in this matter, highlighting the necessity for MCD to furnish the material upon which its decision was based.

The court, while acknowledging the gravity of the situation, also sought clarification from the Union of India. It requested the Union to file an affidavit after consultation with structural experts and conducting an inspection of the building. This consultation aims to assess the feasibility of carrying out any repair work on the building. The court specifically instructed the Union to provide clarity on the habitability and structural safety of the building.

Arguments Presented

Man Mohan Singh Attri, a resident of the Signature View Apartments, had approached the court seeking intervention to prevent the authorities from demolishing the apartments without following due process. Attri’s contention focused on the absence of adverse effects on the towers despite several earthquakes in the region over the past 14 years. He claimed that Signature View Apartments are uniquely earthquake-resistant compared to others in the National Capital Region.

Attri’s legal representatives, advocates Sachin Jain and Ajay Aggarwal, argued against the arbitrary decision of the Delhi Development Authority (DDA) to demolish the apartments. They pointed out that the decision was based solely on a report prepared by a professor from the Indian Institute of Technology (IIT). Additionally, they alleged irregularities within the Resident Welfare Association, accusing its office bearers of illegal activities related to apartment sales.

Plea to Quash Notices

The plea presented to the court urged the quashing of a notice issued by the MCD in December of the previous year. According to the plea, the corporation declared the towers dangerous based solely on recommendations from the DDA. The plea also referenced a previous stay granted by the High Court against a plan by the DDA to demolish the apartments, which was filed by a section of the residents.

Conclusion

The recent directives from the Delhi High Court indicate a significant development in the ongoing legal battle concerning the fate of Signature View Apartments. With the court seeking detailed explanations from the MCD and the Union of India, the case takes on broader implications beyond the immediate concerns of the residents. As the legal proceedings continue, all parties involved await further clarity and resolution on the matter.

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FAQ: Delhi High Court Queries Basis of Signature View Apartments’ ‘Dangerous’ Label: MCD Under Scrutiny

Q: Why has the Delhi High Court intervened in the case of Signature View Apartments? A: The Delhi High Court intervened following concerns raised regarding the declaration of the apartments as dangerous and the proposed demolition. The court sought explanations from the Municipal Corporation of Delhi and the Union of India regarding the basis of these decisions.

Q: What are the key arguments presented by the residents of Signature View Apartments? A: Residents, represented by Man Mohan Singh Attri and his legal representatives, argue that the apartments are earthquake-resistant and have not been affected by seismic activity in the region. They also contest the decision to demolish the apartments, alleging irregularities and arbitrary actions by the authorities.

Q: What action has the Delhi High Court taken in response to the plea from the residents? A: The Delhi High Court has extended its interim stay on the proposed demolition of Signature View Apartments. Additionally, the court has directed the MCD to provide detailed explanations for declaring the apartments as dangerous and has asked the Union of India to assess the feasibility of repair work on the building.

Q: What is the significance of the court’s directive to the Union of India? A: The court’s directive to the Union of India underscores the broader implications of the case, indicating the need for a comprehensive assessment of the building’s safety and potential avenues for resolution beyond demolition. This consultation with structural experts aims to provide clarity on the habitability and structural integrity of the building.