"Call The IO, DCP & MCD Commissioner": Delhi HC In PIL Seeking High-Level Committee Probe Into Recent Water Flooding Tragedy At UPSC Coaching Centre

The Delhi High Court has sought the the presence of Municipal Corporation Development (MCD) Commissioner, concerned DCP and concerned Investigation Officer on the next date of hearing in a Writ Petition seeking a high-level committee probe into the recent incident at Rajendra Nagar, where three UPSC aspirants lost their lives.

The three aspirants lost their lives due to drowning in the basement of the building housing Rau's Study Circle in Old Rajender Nagar, which was flooded following the recent rains in Delhi.

The Division Bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela said "We will have to transfer it to a special statutory body, it may be sent to the Central Vigilance Commission or the Lokpal."

"Please ask the MCD officials to go visit the area, Senior officers have to go to the ground. Just see that no physical harm is caused to them," the Court ordered. The Court also impleaded the Delhi Police and sought a status report from them in the matter.  

At the outset, Advocate Rudra Vikram Singh appearing for Kutumb, submitted, "What has happened in Rajender Nagar on Saturday (July 27) evening, that was not the first time an unfortunate incident happened in Delhi. Since, 2019, if we see the events, February 12, 2019, seventeen people died in Hotel Arpit where fire incident had taken place, one IRS and a foreigner died in that. Now, December 8, 2019, Anaj Mandi case, thirteen people died in that case. Then on, May 13, 2022, Mundaka, twenty seven people died in the fire incident. Then, on September 15, 2023, the Mukherjee Nagar fire incident took place, where the Court has taken suo moto cognizance....a new case on May 26, 2024, seven newborn babies have died because illegal hospital was running in Vivek Vihar. "

Pointing out the incidents, Singh argued that it seems like we are living in a jungle, where in the month of May people died of a fire incident and in July people are dying because of the water flooding incident. "Three young people have died," he submitted. Singh also submitted, there are multiple cases, in old Delhi, more 50% places are running illegally. 

The Counsel for MCD informed the Bench that six people have been removed from their jobs, out of which two are sanitation department works. 

To this, the Court noted that actions have been taken only against the junior-most person in the department. "Some action needs to be taken against the Seniors also. They are responsible. Senior-officers are not moving out of their air-conditioned offices," the Bench said. 

The Court said, "We want to know, how come water accumulated over there? How did the water get into the basement? And why was this infrastructure not upgraded in the first instance? Second, you are allowing so much of construction to take place, amending the bye-laws, being so liberal. The infrastructure facility should improve, it cannot be that you have infrastructural facilities which is a century old and you are liberalising the existing bye-laws."

Highlighting the "fundamental malice", ACJ Manmohan said, "I think everyone needs to realise, the physical, financial and administrative infrastructure of this city is not in accordance with the present day reality. There is a major disconnect, between what the citizens need and what is being given." 

"You are permitting 6 to 7-storey buildings to come up. You have not wrapped up the infrastructure. You have to ensure that there is a proper drain over there. You have mixed up the sewage with the drain, so there is a reverse flow that is taking place..... Your civic authorities are bankrupt...Salaries are being paid at great difficulty. If you don't have money to pay salaries, how will you improve the infrastructure of the city? You want freebie culture, where there is going to be no taxes, no levies, you're not collecting any money, so you're not spending any money, this is bound to happen," the ACJ said, 

On perusal of the map of the incident area, the Court asked the MCD Counsel, "Has the IO collected all this? Who is the IO conducting the investigation." Terming the investigation as "strange", the Court said, "If the IO is not capable, we will transfer the case to some central agency or statutory authority."

The ACJ remarked, "What is this city passing through? How much mis-planning is going on? One day there is drought, the next day there is a flood....we are meddling from one string to another, because we are not prepared for anything. Our infrastructure cannot take care of any eventuality that happens in the city. You have to be sure of one thing, whether you want a freebie culture, where there no tax, there is no water-electricity levies to be paid. The population today is 3.34 crore of the city. You plan to take care of them? A city which was initially planned for 6-7lakh people."

The Court further said that some hard decisions have to be taken. "Nothing is happening at the ground level," the Bench said. 

Advocate Jawahar Raja appeared for the GNCTD, assured the Court that he will ask the IO on the status of investigation in the case. "I will ask him to be in court on the next date. I will apprise the court about it. I will put-forth the queries placed by the Court and the petitioners," he submitted. 

"The MCD Commissioner, the concerned DCP and IO are directed to be present in Court, on the next date of hearing," the Court ordered. Accordingly, the Court scheduled the matter for further hearing on Friday (July 2) at 2:30pm. 

The Public Interest Litigation (PIL) filed through Advocate Rudra Vikram Singh highlights severe violations of Article 21, which guarantees the right to life and personal liberty. The petition seeks to bring attention to alarming incidents that have occurred at a coaching institute in Rajendra Nagar, New Delhi, where three young civil service aspirants recently lost their lives due to alleged negligence by government authorities.

The PIL underscores a troubling pattern of negligence and corruption within the relevant departments, asserting that such failures have contributed to numerous fatalities over the years. The capital has witnessed a series of tragic events linked to inadequate safety measures in coaching centers, with the latest incident resulting in critical injuries to several students, in addition to the fatalities.

"In a recent incident which happened in a coaching institute situated in Rajendra Nagar, New Delhi, wherein three young Civil Servant aspirants have lost their lives and many others are struggling between life and death due to negligence of Respondent No. 1 to 4. Unfortunately, this was not the first incident in the capital of India but many such unfortunate events have taken place in Delhi in the past few years, but the respondents have never taken any preventive measures to avoid such scary incidents." the petition reads.

It also refers to a similar incident from June of the previous year, when a fire at a coaching center in Mukherjee Nagar prompted the Court to take suo motu cognizance. The Court had issued notices to the Fire Department and the Government of the National Capital Territory of Delhi, and sought a status report and directing authorities to crack down on coaching centers operating in violation of safety regulations. Despite these measures, the recent deaths have raised serious concerns about compliance with the Court's directives.

According to the petition, over 50% of commercial buildings in Delhi are operating illegally, often in residential areas, without proper approvals and safety clearances. The petitioners argue that the authorities, aware of these violations, are complicit in allowing these establishments to function in exchange for bribes, thereby compromising public safety and leading to tragic consequences.

"In Delhi, more than 50 % of the commercial buildings are running in an illegal manner, and many of them are running in residential areas that too without having any proper approval and clearances, and the respondents are well aware about their illegal functioning are allowing them just for the sake of few bribery amount. And because of few corrupt officers many are losing their lives and Capital of India facing embarrassment situation again and again," it reads. 

The petition also asserts that the right to die with dignity is a fundamental right akin to the right to life with dignity as provided under Article 21. It claims that the respondents have consistently failed to ensure this right for citizens, leading to preventable deaths and suffering among students and their families. The petition calls for urgent action to address the systemic failures and hold accountable those responsible for these tragedies.

The petition has sought the constitution of a high-level committee to probe the Rajendra Nagar, Delhi, incident in which three people lost their lives. "A writ in the nature of Mandamus thereby institute a probe against those officers of Municipal Corporation of Delhi who did not act on the Complaint received on dated 26.06.2024. A writ in the nature of Mandamus thereby constitute a district level committee in each district of Delhi to probe and find out the illegal commercial construction in their respective districts," the PIL prayed. 

Cause Title: Kutumb through its trustee v. State of NCT of Delhi & Ors. along with Amrik Singh Babbar (Library) v. State of NCT of Delhi & Ors.  [W.P.(C)-10550/2024 & CM APPL. 43292/2024 In W.P.(C)-13308/2023]