Delhi HC orders demolition of dangerous Signature View Apartments; DDA to provide rent to residents

Delhi High Court orders demolition of dangerous Signature View Apartments, residents to vacate within three months.

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.