"These People Must Be Alive": High Court Wants Answers Over Delhi Basement Deaths

The Delhi High Court ripped into police and city officials in equal measure Friday in a hearing on the deaths last week of three students in the flooded - by rainwater and sewage from a clogged drain - basement of an IAS exam tuition centre. "Some officer has to be liable. These people must be alive."

A furious court asked serious questions of the Municipal Corporation and its ability to plan and maintain city infrastructure, particularly in times of crises like floods. "They are not equipped to deal with it... maybe they don't understand how civic planning works. MCD officials are responsible for ensuring drains are functional... there is criminal negligence. It is not a swimming pool here."

The court also made several pointed remarks about the infrastructure in the national capital; on Wednesday it had summoned the MCD Director.

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Appearing today, the Director was asked - "Why is water getting accumulated in the area" - and the response came, "Drain alongside road should be functional". The Director did not, however, explain why the water did not clear. The court then criticised the civic body for "not doing anything".

"Ensure Drains Function": Court Rebukes MCD

"If a portion of the drain was under repair... someone should have done something. Why was the officer not aware of all this? You need not be a scientist to expect heavy rainfall this monsoon."

"Water won't spare anyone. It doesn't know address... you have to ensure drains function," the court thundered, two days after reprimanding the MCD, "You permit multi-storey buildings but there is no proper drain. You have mixed sewage with storm water drain, there is reverse flow..."

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The court told the MCD chief, "You must ensure water has a way to flow. If drainage needs to be revamped, do it this winter. Prepare a plan. When it rained again day before, there was flooding again in the area. There is something fundamentally wrong. There is clear neglect on part of your officials."

READ | Area Where IAS Aspirants Died Flooded Again After More Rain

The Delhi High Court also asked how building plans - which included use of the basement in violation of permits - had been sanctioned, and asked Delhi Police if they had taken action in that context.

Delhi Police Under Fire

"You (the cops) are not ordinary citizens who have to wait... Why are you asking us to say all this? You are not a novice. You think criminals will come and confess?" the court asked sarcastically.

"Has the IO (investigating officer) recorded that the drain was dysfunctional? Does s/he know who the building's architects are? Has he interrogated them?" the court demanded of the police and then expressed further dismay when told even MCD officials' statements had not, so far, been recorded.

The court also took a jibe at the cops' decision to arrest the man who drove an SUV through the flooded street; the cops claimed  the swell of floodwater as the car passed led to the tragedy and accused him of culpable homicide not amounting to murder. That charge was dropped and the man released on bail. 

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Tania Soni, Shreya Yadav - both 25 - and Navin Delvin, 28 - drowned last week after the basement of a building in Rajendra Nagar, operating as Rau's IAS Study Circle, was flooded. Inquiries have unearthed multiple violations by the owners of the building and coaching centre, including using the basement without due clearance and lying to obtain a certificate from the Fire Department.

There have also been massive protests - led by the student community - against the lack of flood control infrastructure, or even storm water drains that work as they should. The street outside the coaching centre was flooded after heavy rains in the preceding 24-48 hours, but blocked drains meant the floodwater did not clear and, as more rain fell, it poured into the building's basement.

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"Rain water won't go. It will reach your house... my house. It won't go if it won't get a path," the court said, "Today even Yamuna is encroached. There is one lawyer... he files many PILs (public interest litigations)... he claimed a five km stretch of the Yamuna has been reduced to 500 m," the court said today, warning, as many have, "If encroachments are not removed, flooding will happen (again)."

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