Currently, 70% of flat owners, i.e. 250 out of 336 flats, have already given their consent to the demolition and reconstruction programme by the DDA. File
| Photo Credit: The Hindu
The Delhi High Court, in a significant ruling, has cleared the decks for demolition of the Signature View Apartments at Mukherjee Nagar here, which has declared as dangerous for habitation, and ordered its remaining occupants to vacate their flats within three months.
Justice Mini Pushkarna, in a 145-page judgment delivered on Monday, remarked that when the buildings have already been found to be dangerous, there is no question of seeking any No Objection Certificate (NOC) from each flat owner before such action of demolition and reconstruction can be taken.
Signature View Apartments is part of a multi-storey housing scheme of 2010 by the Delhi Development Authority (DDA) comprising of 336 flats, out of which, 224 flats are part of Higher Income Group (HIG) category and the remaining 112 flats are of the Middle Income Group (MIG) category.
Despite possession beginning in 2012, issues soon emerged such as pillars and columns developing cracks. By 2013-2014, exterior grit wash and plaster had fallen from many buildings, exposing cracks in pillars and columns. Interior ceilings also began deteriorating as early as 2012.
DDA engaged National Council for Cement and Building Materials (NCCBM) and Indian Institute of Technology (IIT), Delhi, which categorically recommended that the buildings in question should be demolished, as the same cannot be repaired.
On account of the persistence of the Resident Welfare Association (RWA) and residents of the society, DDA agreed for demolition and reconstruction of the towers and rehabilitation of the petitioners. However, several resident moved the court claiming the rehabilitation offer of DDA was “impracticable”, including entitlement of rent of a willing flat owner who is ready to handover possession, has to wait till every single owner hands over the flat.
Currently, 70% of flat owners, i.e. 250 out of 336 flats, have already given their consent to the demolition and reconstruction programme by the DDA.
The court, which was dealing with numerous petitions by home owners of Signature View apartment, highlighted that the present cases bring to the fore “shocking facts” regarding the apathy displayed by the DDA in getting residential towers constructed under the DDA Housing Scheme, which started displaying signs of deterioration within a short span of their disposal and occupation by the residents.
“Such delinquency and gross negligence by the DDA is unpardonable, as the same has put lives of hundreds of residents therein, to great risk and danger,” Justice Pushkarna observed adding, “The present cases accentuate the disregard shown by the DDA of its welfare purposes, for which it was established for the development of Delhi”.
DDA cannot construct extra flats
The court struck down DDA’s plea to construct additional 168 flats on account of the increase in the available Floor Area Ratio (FAR) as per the prevailing norms.
The court said noted that the flat owners had purchased the flats by taking into account the original sanctioned layout plan of the housing estate/society with regard to the parking area, community space, common area, green area/open space, natural airflow and sunlight and other basic amenities. “Therefore, the valuable rights of the residents over the common areas cannot be impaired,” it said.
Facilitation amount
The court said DDA shall pay facilitation amount/rent at the rate of Rs 50,000 per month to owners of HIG Flats and Rs 38,000 per month to owner of MIG Flats from the date when the flat has been vacated. This amount shall be enhanced at the rate of 10% per annum by the DDA, at the end of each year, till possession of reconstructed flats is handed over to the owners of the flats of Signature View Apartments, it said.
Published – December 25, 2024 07:07 am IST