An amicus curiae appointed by the Supreme Court has held the Municipal Corporation of Delhi (MCD) responsible for failing to prevent the collapse of a five-storey building in South Delhi's Saket area, which claimed six lives and injured at least 14 others.

The building, located on Western Marg in Saidulajab, collapsed on May 30. In a report submitted to a Bench of Justices Ahsanuddin Amanullah and R. Mahadevan, the amicus stated that the civic body had been aware of unauthorised construction at the site for years but failed to take effective action.

The report, settled by Senior Advocate and Amicus Curiae Ajit Kumar Sinha and filed through advocate Govind Jee, was submitted in the backdrop of the Supreme Court's ongoing scrutiny of illegal constructions and violations of building regulations across the country.

On March 25, the top court had directed a nationwide inquiry into widespread breaches of building bye-laws and unlawful land-use conversions. Subsequently, on May 20, it sought details from authorities regarding action taken against illegal constructions. The Saidulajab building collapsed just ten days later.

A key allegation in the report concerns a statement made by the MCD before the Delhi High Court approximately six weeks before the collapse. During proceedings in a petition filed by Abdul Sakir seeking action against unauthorised construction at the property, MCD's counsel had informed the High Court that no construction activity was taking place at the site. The civic body had also suggested that the petition stemmed from a private dispute between a landlord and tenant.

However, the amicus has informed the Supreme Court that this statement was incorrect. The report notes that the unauthorised construction had progressed in multiple phases over more than a decade and that these violations had been documented by the MCD itself.

According to the report, illegal construction involving the basement, ground floor and first floor was booked by the MCD in 2012. Further unauthorised additions comprising the second and third floors were recorded in May 2015.

The amicus observed that such construction could not have continued for years unless officials responsible for enforcing building laws had failed to discharge their duties.

The report also refers to a December 2020 order of the Delhi High Court directing the MCD to ensure compliance with applicable building bye-laws at the property. Despite this, no effective measures were taken to prevent further violations, it states.

Criticising the civic body's response after the collapse, the report describes the subsequent action taken by the MCD as a "mere eyewash" and a "post-facto and cosmetic exercise."

It notes that Assistant Engineer Sudesh Singh Chouhan and Junior Engineer Aman Jain were suspended only after the tragedy occurred. The report attributes the collapse to "dereliction of duties and slackness" on the part of officials entrusted with monitoring and preventing illegal construction.

The amicus has urged the Supreme Court to direct the MCD to file an affidavit explaining how the unauthorised structure was allowed to remain standing despite repeated violations. It has also sought directions for structural audits of buildings within the corporation's jurisdiction and for time-bound sealing and demolition of illegal structures.