Delhi HC: Authorities also liable for safety in student PGs, hostels

Delhi HC expressed concern over student safety in private PGs after a building collapse. It held authorities, not just owners, accountable for unsafe buildings and noted the lack of government hostels and regulations for such accommodations.

Authorities Also Responsible for Unsafe Buildings: HC

Expressing deep concern over the safety and security of students living in private paying guest accommodations and hostels, the Delhi High Court has observed that responsibility for incidents involving unsafe buildings cannot be placed solely on their owners and that the concerned authorities must also be held accountable for discharging their statutory duties.

The Court made the observations while hearing a matter concerning the recent building collapse in Delhi’s Satya Niketan area, where the building housed several students, including many who had come to the national capital from outside Delhi.

Court Flags Hostel Shortage, Regulatory Gaps

Taking note of the gravity of the incident, the Court observed that it was not merely an unfortunate accident but raised larger questions concerning the availability of hostel facilities for students, the safety of those forced to live in private PGs, and the adequacy of regulations governing such accommodations.

The Court noted that there is a common perception that Delhi University does not have sufficient hostel facilities, as a result of which a large number of outstation students are compelled to seek accommodation in PGs and private hostels. It observed that the incident had brought into focus serious concerns regarding government-run hostel facilities, the safety and security of students, and whether the authorities have an adequate regulatory framework to monitor buildings being used as PGs and hostels.

Importantly, the Court said that the responsibility for ensuring safety does not lie only with the owner of a building. “Responsibility not only lies with the owner but also with the authorities,” the Court observed, adding that had the authorities been conscious of the statutory duties cast upon them and properly discharged those duties, such incidents may have been avoided.

Directions Issued to MCD, Delhi University

The Court has sought separate responses from the concerned authorities on various aspects arising out of the incident. The Municipal Corporation of Delhi has been asked to clarify whether there is any regulatory framework in place to govern and monitor PG accommodations. The Court also sought details regarding the permissions granted to the building and whether any authority had failed to perform its duties.

Delhi University, meanwhile, has been directed to provide details regarding the number of students from outside Delhi studying at the University and the number of hostel facilities available to accommodate them. The Court also directed the MCD to conduct an audit of PGs and hostels within one week. The civic body has been asked to examine such accommodations and provide details, including the number of students residing in these PGs and hostels.

'Pathetic' Situation, Unauthorised Construction Slammed

During the hearing, the Court orally expressed serious concern over what it described as the inadequate availability of hostel facilities for students. The Court remarked that the situation concerning the functioning and regulation of PGs and private hostels was “very pathetic” and stressed the need for an effective regulatory mechanism. “There has to be some regulation to regulate the PGs,” the Court orally observed.

The Court also expressed concern over alleged unauthorised and reckless construction by some property owners operating PG accommodations. It orally remarked that in some cases, permission may be granted for construction of only two floors, but owners allegedly go on to construct as many as six floors while the original foundation remains unchanged. “If permission is for two storeys, they will build six, and the foundation remains the same. Then such incidents happen,” the Court orally remarked, adding that there could be nothing more tragic than such a situation.

Authorities Assure Action, Court Seeks Affidavits

The Court also took note of the assurance given on behalf of the MCD and Delhi Police that all possible steps were being taken and rescue operations were underway following the collapse. While recording the assurances, the Court said it hoped that the rescue efforts would be further intensified and doubled.

The Solicitor General also assured the Court that no stone would be left unturned in dealing with the matter. The Court has directed the concerned authorities to file their affidavits within ten days, detailing their respective positions and the steps taken in connection with the issues raised during the hearing.

The matter has thus brought before the High Court larger concerns surrounding the growing dependence of outstation students on private PG accommodations, the shortage of hostel facilities, unauthorised construction and the need for stronger regulation and oversight to ensure that students are not forced to live in unsafe buildings. (ANI)

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