Reported By:| Edited By: Shishir Raj |Source: DNA Web Desk |Updated: Feb 21, 2022, 04:00 PM IST
In a tragic incident that occurred more than a week ago, roof of an apartment in Haryana's Gurugram collapsed leading to the death of at least two people and several feared trapped under the rubbles. The unfortunate incident occurred on the sixth floor of the D Block of the Chintels Paradiso housing complex in Gurugram's Sector 109.
The magnitude of the incident can be understood by the fact that all of the building's roofs and floors, from the sixth to the ground floor collapsed at the same time. This happened after a drawing room floor of a flat collapsed while a room on the sixth floor of the apartment was being renovated.
Gurugram police has started investigation into the case by registering a complaint under Sections 304a and 34 against builder Ashok Solaman. According to an official, the drawing room floor of a sixth-floor apartment at Chintels Paradiso housing complex first came down, triggering the collapse of roofs and floors directly under it, till the first floor.
Adding to the woes, four more towers E, F, G and H of the same housing complex was declared unfit for living, putting the future of the residents of some 200 flats in the four towers in jeopardy. Today we try to understand what the building bye-laws in the country says and is there a need for a change in them.
To understand the situation better we spoke with Mr Shishir Raj, a practising lawyer with the Supreme Court of India. Mr Raj is also an expert in building laws in India and have been looking into such cases since a long time. Here is what he has to say about the whole incident and his valuable suggestions.
Read | Gurugram Building Collapse: Four more towers at Chintels Paradiso declared unfit for living
The residents can approach a High Court under Articles 226 and 227 of the Constitution of India. The land is a state subject matter. So no indulgence of the Supreme Court can be sought without approaching the High Court.
The said negligent act of builders causing loss of life is a grave incident and it has drastically impacted the trust quotient of homebuyers towards builders. This certainly is an act of negligence on the part of the builder but we cannot assume that this cannot happen with other builders.
Residents can approach the High Courts under Articles 226 and 227 for violation of Article 21 Right to Life seeking the indulgence of the High Courts. The residents can contend that there is a fear of life due to the instance of collapse of the building.
The building may be damaged and eroded leading to a collapse. They can pray before the High Court that an independent building inspection agency be appointed for conducting bi-annual building structural and compliance checks and that a fitness certificate be issued if the building's structure is fine.
The builder's contractual and tortious liability is apparent, and residents may sue for damages, but the court process will only exacerbate their difficulties. Instead, they should file a WRIT application and seek compensation from the government for authorising such projects, as well as seek alternative housing.
It is high time for the law to impose stricter regulations on developers and government officers for approving such projects.
Another option for residents facing a similar issue is to file a tortious claim. It is possible to file a tort against the local municipal corporation which gave its assent to the project and cases where homebuyers' rights have been violated due to negligence on the part of the builders. The first and foremost step is to file a criminal complaint at the nearest police station against the builder.
The residents can also invoke the writ jurisdiction or the inherent powers of a High Court. The residents also have the option to approach the Supreme Court of India by filing a public interest litigation under Article 32 of the Constitution of India.
In the filing of a PIL, the residents can claim that the collapse of the structure has occurred due to negligence on the part of builders which is an issue in the common interest of all residents and thereby needs adjudication from the Supreme Court upon such gross violation of rights.
Interestingly, 'building collapse' is not defined as an offence under law in India. However, in various cases the court(s) have held person(s) responsible for not performing their part of due diligence.
With land being at such a premium, it has become common practice for builders involved in home/apartment constructions in Delhi, Gurugram to violate some building bye-laws to allow for more coverage to increase the selling price.
Most clients are either unaware of this or turn a blind eye to it seeing only what they perceive as the immediate monetary and space benefit and don't pay much heed to Delhi Bye-laws or Haryana Bye-Laws , etc. However, one must realise, that bye-laws are developed first and foremost for the safety of the inhabitant and the city.
Ignoring setbacks to increase plot coverage or basement size.
Saft dimensions lesser than that stipulated in bye-laws.
Using of basement or stilt level or unauthorised office spaces , servants quarters and other habitable spaces.
Building bye-laws are designed to safeguard the occupants from hazards like fire, flooding, earthquakes, poor light, ventilation, indoor air quality and so on. Violations of these bye-laws compromise the buildings safety standards and put its occupant at risk.
We must also realise some rules like minimum balcony width of 5 feet and minimum ventilation shaft dimensions are for improving the quality of the space for the user. The bye-laws are not unreasonable, recent revisions in the Delhi bye-laws have allowed bathrooms on stilt and terrace levels to meet utility needs.
A good design is always the better solution, it will ensure the best utilisation of your available space minimising negative spaces like long corridors and poorly lit rooms.
While ignorance of bye-laws definetly puts the occupants of the building at risk, it creates many other problems too. Many of these buidings do not get the completion certificate as the completion building is different from the sanctioned building.
This creates problem as the potential buyer do not want to get into litigation hassles that could arise after purchase. Reselling in future also also becomes a hassle for the same reasons. Sometimes completion certificates are acquired by means of hefty bribes but there too there is no guarantee of peace of mind.
