Court Case to Stop Unauthorized FAR Construction at DPS CGHS Dwarka

Court Case to Stop FAR Construction at DPS CGHS Dwarka

Case: DPS Cooperative Group Housing Society (DPS CGHS), Plot No. 16, Sector 4, Dwarka, New Delhi 110 078.

As unauthorized, illegal construction is taking place at every step in DPS CGHS building, DDA is supposed to stop further construction and demolish the recent construction done under the garb of FAR approval.

November 17, 2019

By Rakesh Raman

These days, the DDA officials are running a corruption racket in Delhi and distorting government policy related to floor area ratio (FAR) extension to allow illegal construction in occupied housing societies.  

In order to persist with their corrupt practices, these DDA officials are breaking many existing laws for granting FAR sanctions, as corruption money worth crores of rupees is involved in FAR projects. 

The corrupt DDA officials are also pressing other departments such as Delhi Fire Service (DFS) and Delhi Urban Art Commission (DUAC) to blindly approve FAR proposals. Even when DFS or DUAC raise concerns, the corrupt DDA officials clear the illegal FAR construction projects.

As courts observe that construction dust is mainly responsible for lethal air pollution in Delhi, the construction activities are stopped for a few days. However, the pollution remains at life-threatening levels throughout the year in the city. Therefore, all avoidable construction such as FAR construction should never be allowed in Delhi’s housing societies where men, women, and children are living. 

Since senior bureaucrats and local politicians are part of this FAR construction scam, they are ignoring public complaints to get FAR construction stopped in their societies. As a result, the suffering people have no other option but to approach the courts. While courts are always overcrowded, their decisions are either inordinately delayed or lack justice.

As I have been running an international editorial publication Legal Directions, I have to interact with dozens of people in the legal profession – including law students, lawyers, law teachers, judges, and others. 

I have observed that most lawyers and judges in India are working in a totally free-wheeling manner with limited knowledge of law and limited English language skills. The entire Indian judiciary is functioning on serendipity or luck of the litigants. 

The court cases are hardly decided on their merits. Instead of dealing with a case objectively, the judges use their whims to decide a case while the lawyers keep giving random justifications for the lost cases. The less said about the Indian courts, the better.

Meanwhile, in a new court case to get the FAR construction stopped at DPS CGHS – which is among the most corrupt housing societies in Delhi – the Delhi High Court has directed DDA to take steps expeditiously if there is unauthorized construction at DPS CGHS.

In its order dated October 24, 2019, the court has also directed the respondents – including DDA, DFS, architect firm, the managing committee (MC) of DPS CGHS, and others – to file their reply in 4 weeks – by about November 20, 2019.

UNAUTHORIZED CONSTRUCTION

As unauthorized, illegal construction is taking place at every step in DPS CGHS building, DDA is supposed to stop further construction and demolish the recent construction done under the garb of FAR approval.

Besides spreading lethal dust and noise pollution and with the possibility of accidents, the FAR construction is breaking a number of laws including the Article 21 of the Indian Constitution, Unified Building Bye Laws (UBBL), Delhi Apartment Ownership Act, Delhi Fire Service (DFS) Rules, National Building Code (NBC), Easementary Rights, Delhi Preservation of Trees Act, Delhi Cooperative Societies Rules, and Maintenance and Welfare of Parents and Senior Citizens Act. 

The DPS CGHS MC claims that it is doing all these criminal activities with support from the majority of members. But the decision of the majority cannot be imposed on other members when it involves huge amount of money, or the majority decision contravenes any existing law, or it abuses the fundamental rights of a citizen, including the right to live in a clean, peaceful environment guaranteed under Article 21 of the Constitution. 

So, the majority of an inconsequential entity such as a housing society cannot be given supreme powers to violate the extant laws.

In Shiv Lal & Ors vs. Surya CGHS Ltd. & Ors [ W.P.(C) No. 4639/2013 & CM No. 10634/2013 ], the judgment says “The majority decisions have to be in consonance with the requirements of law.”

As the DPS CGHS MC is violating a number of laws for carrying out FAR construction / repairs, courts cannot accept its majority decision.

Moreover, the DPS CGHS MC has violated almost all the conditions mentioned in DDA File No. DW4/0109/17-18 dated 14 August, 2018 regarding Grant of Sanction U/S 12 of the Delhi Development Act 1957. 

According to Clause 26) mentioned in DDA letter: “The sanction will be void ab initio if any material fact has been suppressed or mis-represented of if auxiliary conditions mentioned above are not complied.” 

Therefore, DDA is supposed to cancel the sanction given to DPS CGHS for FAR construction / repairs and demolish all the illegal construction done in the past few months.

FAR CONDITION VIOLATIONS AT DPS CGHS

Some of the conditions mentioned in the DDA letter that the DPS CGHS has violated are described below. 

Condition 15): It will be ensured that the construction / demolition work shall be carried out in such a manner that no disturbance / nuisance is caused to residents of the neighborhood.

Violation: The construction and demolition work is causing a lot of disturbance and nuisance to the residents of DPS CGHS for which the residents have been complaining repeatedly.

Condition 18): The building shall be constructed strictly in accordance with the sanction plan as well as in accordance with the certificate submitted jointly by the owner / Architect / Structural Engineer for safety requirement as stipulated in Chapter 9 of these Building Bye-Laws, and the structural Design including safety from any natural hazards duly incorporated in the design of the building as per the Government Of India Notification issued from time to time and Annexure VII of theses Bye Laws.

Violation: The accused DPS CGHS MC members are repeatedly breaking the IGL (Indraprastha Gas Limited) gas pipelines which can result in numerous casualties in the building. They also criminally stop gas supply in the houses of the building. Obviously, this is a criminal activity because the MC members did not take IGL approval before starting the construction work. The residents also filed a police complaint on 12.08.2019 about gas pipeline breakage and illegal construction at DPS CGHS. Also, IGL has warned the DPS CGHS MC of imprisonment for breaking gas pipelines.

Condition 22) (ii): The construction material of any kind that is stored in the site will be fully covered in all respects so that it does not disperse in the air in any form.

Violation: The construction material is not covered and it is spreading dust pollution in the entire building.

Condition 22) (iii): The construction material and debris shall be carried in the trucks or other vehicles which are fully covered and protected so as to ensure that the construction debris or the construction material does not get dispersed into the air or atmosphere, in any form whatsoever. 

Violation: Construction material is getting dispersed into the air and atmosphere, which can be fatal for the residents living in the building.

Condition 22) (iv): The dust emissions from the construction site should be completely controlled and all precautions taken in that behalf.

Violation: As the dust emissions from the construction site has not been controlled, it is spreading enormous dust pollution in the DPS CGHS building. 

Condition 22) (vi): Every worker working on the construction site and involved in loading, unloading and carriage of construction material and construction debris shall be provided with a mask to prevent inhalation of dust particles.

Violation: The construction workers have not been provided any mask as a result of which their health and life is at risk. This is also a case of labour rights violation by the DPS CGHS MC.

Condition 22) (xii): All efforts to be made to increase the ‘tree cover’ area by planting large number of trees of various species depending upon the quality content of soil and other natural attendant circumstances.

Violation: The DPS CGHS MC has not planted trees. Rather, it has destroyed the green areas in the building with construction material and construction activity.  

Condition 25): No puncture, perforation, cutting, chiseling, trimming of any kind for any purpose are permitted in the structural members (beams / columns) submitted by the structural engineer as structural drawings for building permit in accordance with the relevant structural codes.

Violation: The DPS CGHS MC is puncturing, perforating, cutting, and making deep holes in the existing pillars because of which the structural stability of the building is getting affected and the entire building can collapse causing loss of lives and property for the residents.

Condition 26): The sanction will be void ab initio if any material fact has been suppressed or misrepresented of if auxiliary conditions mentioned above are not complied.

As the DPS CGHS has not complied with the conditions specified in the DDA sanction letter, DDA will have to declare the said sanction void ab initio. In order to know if the DPS CGHS has suppressed or misrepresented any of the facts in relation to UBBL-2016, and MPD-2021, or other regulations, DDA needs to stop the construction and examine the plan / drawings submitted by DPS CGHS for fixing the accountability for further prosecution in this case.

As per Clause 2) of the sanction letter, DDA will have to stop and demolish the construction at DPS CGHS and cancel the license of the supervising Architect engaged on the job. 

DDA also needs to start further prosecution proceedings against the DPS CGHS MC members, architect, construction company, and others so that all the accused could be caught, penalized, and punished according to the law.

Moreover, the DPS CGHS MC will have to restore the building to its original state at their own expense without using Society (public) funds.

Note: I have informed about the unauthorized FAR construction with details and photographic evidence to the concerned DDA officials including Mr. Surjeet Jaradhara, Director (Building) and Mr. Praveen Dhamija, Dy. Director (Building) so that the FAR construction / repairs could be stopped immediately at DPS CGHS.

However, since the DPS CGHS MC members (Neeraj Vaish, R. Bala Subramanian, M.N. Sampathkumar, Ms. Leela Swami, Sandeep Taneja, Manguram Tyagi, Ms. Naseem Afshaque) and their accomplices are committing a range of crimes blatantly, there is a possibility that they will continue the illegal construction / repairs until they are arrested and jailed.

You can click here to know about all the illegal and criminal activities that the DPS CGHS MC members and their accomplices are committing.

By Rakesh Raman, who is a national award-winning journalist and social activist. He is the founder of the humanitarian organization RMN Foundation which is working in diverse areas to help the disadvantaged and distressed people in the society. He also creates and publishes a number of digital publications on different subjects.