Context

Recently, deaths caused by the collapse of the Kohinoor building in Bhiwandi, Maharashtra, have once again raised serious questions regarding the safety of dilapidated buildings and the maintenance of urban infrastructure in India.

Recent Developments

• Bhiwandi Tragedy: Despite being placed on the 'danger' list and evacuated, the Kohinoor building collapsed, resulting in the death of 10 people.

• Nationwide Infrastructural Failures: Incidents of roof/canopy collapses at Delhi, Jabalpur, and Rajkot airports, bridge collapses in Bihar, and building collapses in places like Kolkata and Pune have been recorded.
• Failure of Municipal Corporations: Despite early warning systems and available technologies, municipalities are proving ineffective, where evacuation and demolition efforts remain confined to paper and legal formalities.

Building Infrastructure and Legal Framework

• One-Time Investment Approach: Infrastructure in India is treated merely as a one-time investment rather than a maintainable asset, leading to the neglect of post-construction maintenance.

• Municipal Laws and Enforcement: State and local municipal bodies possess legal authority to identify, evacuate, and demolish unsafe structures.
• Administrative Laxity: Following accidents, the administration's response remains limited to suspending officials, filing criminal cases, constituting inquiry commissions, and announcing compensation; actual legal enforcement remains lacking.

Relevance of Widespread Rehabilitation Work

• Housing and Social Security: In industrial and migrant hubs like Bhiwandi, the absence of alternative temporary housing forces poor citizens to live in unsafe homes out of fear of homelessness.

• Monsoon and Climate Risks: Lack of infrastructure maintenance, combined with the pressure of monsoon rains and rapid urbanization, leads to sudden structural collapses.
• Administrative Responsibility: Merely issuing notices does not discharge legal responsibility; large-scale restoration and rehabilitation of old buildings are essential to save lives.

Constitutional and Legal Provisions

• Article 21 (Right to Life and Personal Liberty): The Supreme Court has held that living in safe housing and a pollution-free, secure environment is a fundamental right of citizens under the right to live a dignified life.

• Article 243W and 12th Schedule: Through the Constitutional Amendment Act, municipalities have been entrusted with duties and powers regarding urban planning, enforcement of building regulations, and ensuring public safety.
• Municipal Corporation Acts: Under state municipal laws, local bodies have statutory powers to identify dilapidated or dangerous structures, issue notices, mandatorily evacuate them, and demolish them.

Key Supreme Court Rulings and Guidelines

• Chameli Singh v. State of U.P. (1996): The Supreme Court held that the right to shelter does not mean merely having a roof over one's head, but receiving a safe and structurally sound environment necessary for human development.

• M.C. Mehta Cases (Environment and Urban Infrastructure): In several environmental and urban issues related to M.C. Mehta, the apex court's consistent stance has been that municipal corporations cannot compromise the safety of citizens' lives under the pretext of administrative incompetence or financial constraints.
• Structural Audit and Evacuation Guidelines: Under various judicial orders and state regulations (such as in Mumbai/Maharashtra), it is a general provision that buildings older than 30 years must undergo a mandatory structural audit, and while evacuating highly dangerous (C-1 category) buildings, alternative arrangements for residents must be planned using a humane approach.

Major Government Initiatives

• Atal Mission for Rejuvenation and Urban Transformation (AMRUT): A flagship Central Government scheme aimed at strengthening urban infrastructure, improving drainage systems, and building capacity in municipalities.

• Pradhan Mantri Awas Yojana - Urban (PMAY-U): An initiative aimed at encouraging the construction of durable, safe houses in place of old, kutcha homes and promoting in-situ slum redevelopment in urban areas.
• National Disaster Management Authority (NDMA) Guidelines: A national framework for strict compliance with 'Disaster Resilient Construction' and the 'National Building Code' (NBC) to prevent structural collapses during earthquakes, cyclones, and heavy monsoons.
• Urban Renewal and Restoration Policies: Incentives offered by various states (such as the MHADA policy in Maharashtra) for cluster development and redevelopment of dangerous buildings through single-window clearances and additional Floor Area Ratio (FAR).

Analysis According to Experts and Committees

According to experts, purely reactive measures (administrative action or financial compensation) are not a solution to the crisis; rapid urbanization in India has outstripped the capacity of local municipal bodies. Until continuous infrastructure maintenance is prioritized, such tragedies will continue to recur.

Way Forward

• Structural Audit and Real-Time Monitoring: Regular and scientific audits of aging buildings should be conducted using advanced technologies, sensors, and Structural Health Monitoring (SHM).

• Construction of Transit Housing: Mandatory temporary housing (transit camps) must be arranged for residents prior to evacuating dangerous buildings.
• Accountability and Strict Enforcement: Administrative accountability must be fixed, and strict enforcement with police support should be executed regarding illegal construction or unsafe repairs, rather than relying solely on issuing notices.

Conclusion

To address the crisis of dilapidated buildings, India requires a comprehensive 'urban renewal' program and a robust maintenance policy instead of ad-hoc measures, thereby ensuring the safety and security of its citizens.