NEW DELHI: Significant lapses, with the architect, owners, builders, and MCD officials failing to secure a fire NOC during the building’s sanctioning.
The magisterial inquiry into the deaths of three UPSC aspirants in Old Rajendra Nagar has exposed significant lapses by officials from the Municipal Corporation of Delhi (MCD), Delhi Fire Services, and the Public Works Department (PWD) in the tragic incident that occurred on July 27, 2024.
The report reveals that the architect, owners, and builder circumvented regulations by applying online for a construction permit under the category of “office/business” use, which requires a fire NOC only for buildings taller than 15 meters. This was done to avoid obtaining the mandatory fire NOC needed for educational buildings between 9 and 15 meters in height, as was the case here.
On July 28, 2024, Delhi Revenue Minister Atishi Singh directed District Magistrate (Central) G. Sudhakar to conduct an inquiry into the deaths of the students in the basement of Rau’s IAS Study Circle on Bada Bazar Marg, Old Rajinder Nagar. The report, submitted by Additional Chief Secretary (Revenue) Manish Gupta, uncovered new facts that implicate various authorities at multiple stages, highlighting the involvement of several departments in the tragedy.
The report states that the failure of the architect, owners, builders, and MCD officials to secure a fire NOC during the issuance of the building sanction plan is a significant lapse. It underscores major failures within the MCD’s Building Department, revealing that the building plan for RAU’s IAS Study Circle was sanctioned online by the Building Headquarters of the erstwhile North Delhi Municipal Corporation on May 13, 2019, with validity until May 12, 2024. The plan approved the construction of a commercial/business building under Clause 336 of the DMC Act, 1957, with a basement, stilt for parking, and ground plus three floors. However, the plan was sanctioned by the building HQs, not at the zonal level, as it was classified as a commercial building, violating the rules.
The building sanction plan was approved without a fire department NOC, a serious oversight. Additionally, issuing the completion-cum-occupancy certificate without obtaining the required fire safety certificate represents grave negligence by the junior, assistant, and executive engineers involved at the time of issuance.
The omission made during the sanctioning of the building plan in May 2019 was not corrected when the completion certificate was issued, which should have required a fire safety certificate for educational buildings over 9 meters in height. Instead, the certificate was issued for a “business use” building under 15 meters in height, a deliberate act of omission that disregarded safety standards outlined in building by-laws and fire regulations. As a result, the building was used as a coaching centre, with the basement misused as a library instead of storage, in gross violation of building by-laws, from 2021 until August 2023. Despite these violations, the MCD took no action against the building’s owners or the management of RAU’s IAS Study Circle until August 2023.
The report states, “The MCD building authorities also failed to inspect and seal the basement, which was being misused as a library after the completion-cum-occupancy certificate was issued in September 2021. This failure constitutes gross negligence by the concerned officials of the building department, in collusion with the owners and management of RAU’s IAS Study Circle.”
Following a fire at a Mukherjee Nagar coaching centre, the Delhi High Court ordered the MCD to survey educational institutes and coaching centres for fire safety compliance. In response, the MCD issued a show-cause notice to RAU’s IAS Study Circle on August 4, 2023. However, the misuse of the basement as a library was not even mentioned in the show-cause notice issued by the Deputy Commissioner, MCD, Karol Bagh Zone.
The report underscores, “The failure to seal the basement following the misuse notice, the omission of this issue in the show-cause notice, and the act of misleading the Deputy Commissioner about the actual misuse of the basement suggest deliberate misconduct with malicious intent by the responsible officials of the building department.” This behaviour, from the issuance of the show-cause notice until the day of the incident, constitutes gross negligence and dereliction of duty.
The report also highlights lapses by the Delhi Fire Services, stating, “The Fire Department should not have granted the fire safety certificate dated July 9, 2024, as it concealed the misuse of the basement as a library, violating building by-laws. This represents a serious lapse by the Fire Services inspection team, which visited the facility on July 1, 2024, and incorrectly recommended issuing the fire safety certificate.”
The report also faults the Public Works Department (PWD) for failing to fulfil their responsibilities. RAU’s IAS Study Circle is located in a low-lying area prone to severe waterlogging due to the lack of a PWD drain along Pusa Road, from the link road roundabout to Bada Bazar Marg (BBM). This issue is exacerbated by rainwater from Pusa Road collecting in the surrounding area. The stormwater drains along Pusa Road are maintained by the PWD. The existing drainage system in the area includes stormwater drains on both sides of Bada Bazar Road, which channel water into a larger nallah or barrel, located 15-20 feet below the road. This nallah, known as Daryayi Nallah, stretches approximately 6 km and is maintained by the MCD, though regular de-silting has not been carried out.
The report states, “It appears to be an attempt by the Public Works Department to shift blame and avoid responsibility for their failure to de-silt the stormwater drains on both sides of the road over the past five years, despite the area’s low-lying location and susceptibility to waterlogging.”
The report further highlights, “Encroachment is evident on both sides of the road, and the Public Works Department has made no effort to remove these encroachments.” Properties along Bada Bazar Marg have encroached upon the stormwater drains by constructing permanent structures like ramps over them, blocking the entry of rainwater into the drainage system. Property owners have also covered the existing drainage system and sealed manhole openings, severely limiting access for cleaning the drains.
In addition to administrative failures, the report holds the owners and management of RAU’s IAS Study Circle accountable for criminal negligence. They are accused of prioritizing profit over safety by dangerously misusing the basement without considering the students’ lives.
The report also recommends several precautions to prevent similar incidents in the future:
Removal of encroachments: Address and remove encroachments, and illegal, and unauthorised constructions on stormwater, sewage, and barrel drains as a priority.
Revamping drains: Upgrade old and damaged drains with the involvement of MCD, DDA, DJB, PWD, and the I&FC Department.
Regular desilting: Perform regular desilting of drains using adequate labour and super sucker machines provided by the relevant agencies.
Immediate action on overflow: Promptly inspect and desilt locations where water is overflowing from drains.
Corrective measures for waterlogging: Identify and address road stretches prone to waterlogging due to design or topography, ensuring proper alignment with drainage systems.
Enforcement of basement use guidelines: Enforce strict guidelines to prevent the misuse of basements for educational purposes.
Relocation of coaching institutes: Gradually relocate coaching institutes to well-planned areas such as Rohini and Narela.