"Has Anyone From MCD Gone To Jail?" High Court Rap Over Delhi Basement Deaths

The Delhi High Court posed tough questions to the municipal corporation Wednesday, including asking if civic officials were jailed for negligence - and summoned the MCD Director to explain the lack of urban planning - as it heard a plea for a high-level probe into three students' deaths.

The court, meanwhile, also demanded answers from the police after they, earlier today, "forcefully evicted" protesting students. The police have arrested seven people, including the building owner and the proprietor of the coaching centre. The arrested include the driver of a car that sped through the flooded street, sending a wave of rainwater into the basement. That arrest was questioned by the court.

READ | Wife Of SUV Driver Arrested In Basement Deaths Defends Husband

The police were also warned that failure to properly investigate would prompt the court to transfer the case to a central agency. The hearing was then adjourned to 2.30 pm Friday.

Tania Soni, Shreya Yadav - both 25 - and Navin Delvin, 28 - drowned last week in the flooded basement of a coaching centre in Rajendra Nagar. Preliminary inquiries into the tragedy 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.

Apart from the plea for a high-level probe, this morning's hearing included a plea about the coaching centre running a library in the basement, in apparent violation of building codes.

"People Of Delhi Living In A Jungle..."

The hearing began with a strong statement from the petitioner; "We are living in a jungle where people are dying of fire and water...", the petitioner said, referring to earlier civic tragedies.

There was also mention of a letter from June last year that the petition said was "regarding illegal operation of Rau's IAS Study Circle". No action was taken, it was alleged, despite two reminders.

"Multiple libraries are running in basements in residential areas (but) MCD is quiet. I don't know why... many sitting Commissioners have properties there. It is the bitter truth," the petitioner said, arguing the civic body and the Fire Department were "purposely not taking action".

To this, and the petitioner's claim that parts of Delhi, like Karol Bagh and Rajendra Nagar, have "so many (illegal) multi-storey buildings... in which 50-60 students are residing", the court acknowledged a "major disconnect" between the city's infrastructure and its needs.

"Anyone From MCD Gone To Jail?"

The court also sought to know why no action had been taken against senior MCD staffers. "It seems your officers believe there is no need to comply with orders..." was the sharp remark.

So far only junior city engineers have been fired. Senior staff have been suspended.

"You have terminated junior officers... but what about senior officers who should have supervised (their work)? Has anyone from MCD gone to jail?" the court asked, "At some time senior officers must visit (sites, but) they are not leaving their air-conditioned offices."

"Absolute Chaos", Court Slams MCD

A furious court also questioned the competence of city engineers.

"Today if you ask a MCD official to plan drains... they will not be able to do it. They don't (even) know where the drains are... everything is mixed up. It is absolutely chaotic."

"You are permitting multi-storey buildings but there is no proper drain. You have mixed sewage with storm water drain, there is reverse flow... Your civic authorities are bankrupt. If you don't have money to pay salaries, then how will you upgrade infrastructure?" it asked.

READ | Delhi Coaching Centre Loses Fire Safety Nod After Basement Tragedy

"If you are allowing six-storey buildings then (proper) infrastructure is needed. Your engineer must have known this situation is possible. Why did the engineer not insist on additional pumps to flush out excess water while granting this sanction?" the court demanded of the MCD.

Government's Response

The Delhi government, which intends to pass a new law to regulate coaching centres, said authorities had conducted inspections and issued notices to 75 institutes. Thirty-five of these were shut and 25 sealed, its counsel told the court today, adding, "We are not justifying... but action is being taken."

The ruling AAP and the opposition BJP, meanwhile, have been at each other's throats over claims a 'comprehensive plan to desilt drains' in the city has been pending since August last year.

READ | Amid Deaths, AAP, LG Spar Over Report To Desilt Delhi Drains

The Home Ministry, meanwhile, has formed a committee to investigate the students' deaths.

READ | Home Ministry Forms Panel To Probe Delhi Coaching Centre Deaths

Court Attacks 'Freebie Culture'

The High Court then turned its attention to the Delhi government, which is run by the Aam Aadmi Party. " You want 'freebie culture'' but you are not collecting any money (as taxes) and so you are not spending any money," it said, in comments seen by many as referring to the AAP's policy of providing free, or largely subsidised, public services, like electricity and water.

"If you think you can fight with nature... with buildings... you are mistaken. What is this planning? One day you complain of drought and next day there is a flood?" the Acting Chief Justice asked.

"You have to decide on this freebie culture. There is a population of 3.3 crore people, whereas the city was planned for six or seven lakh. How do you plan to accommodate so many without upgrading infrastructure?" the court asked.

"This is infrastructural breakdown," the court declared, lamenting (predictable political) blame games that erupt after civic tragedies. "Entire administrative infrastructure of Delhi needs to be re-examine," the court also said, pointing to discord between the Delhi Jal Board Act and the MCD Act over which civic body is responsible for certain kinds of drains to make its point.

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