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Synopsis

The Delhi High Court on Wednesday 'allowed' the Delhi and District Cricket Association (DDCA) to use RP Mehra Block, allegedly an illegal structure at Arun Jaitley Stadium, for spectators during the second Test match between India and Australia from Friday i.e. February 17 to February 21.

While allowing the DDCA, Justice Tushar Rao Gedela reduced the number of seats in the stand from 1,700 to 1,500.

Noting the 2021 report of IIT-Delhi experts, the single-judge bench directed that the stands accessible from the second and third floors can be used as per the existing seating in these areas. It was further directed that the access to the area should also be opened from the external staircases.

The court also stated that the VIP fixed seating area will be accessible from the first floor and it can also be used for the purpose of seating and the stands accessible from the second and third floors can be used as per the existing seating in these areas.

The IIT-Delhi’s expert report of June 2021 stated that based on structural analysis, the building met the requirements of the relevant standard that existed at the time of its construction for the usage intended.

The single-judge bench was hearing a 2016 petition filed by one NC Bakshi, who claimed that the RP Mehra Block (old clubhouse) was unauthorized because it was built without a permit, and posed a threat to public safety and human life, therefore, it should be demolished.

During the hearing, the court noted that the matter will require consideration and substantial time and in the meanwhile, DDCA sought urgent directions in view of the Cricket Test Match between India and Australia stated to be played from February 17, 2023, to February 21, 2023.

Senior Advocates Rajiv Nayar and Sandeep Sethi stated that on the basis of IIT-Delhi’s report, the Municipal Corporation of Delhi (MCD) had given consent for using the RP Mehra block. It was also submitted that conditions imposed by the MCD would be complied with by DDCD strictly.

On the contrary, Senior Advocate Harish Malhotra appearing for the petitioner claimed that the mere fact that a report was filed by IIT Delhi examining the structural stability of the building does not ipso facto lend credence to the legality of the building so constructed. He contended that by way of any report, the illegally constructed building will not automatically become sanctioned. Furthermore, he argued that the MCD admitted that the structure is not sanctioned in accordance with the law.

Taking note of the submissions, court clarified that the aforementioned directions are interim in nature and shall not form any precedence for the future. Accordingly, the court listed the matter for further consideration on March 22 at 2:30 pm.

Case Title: N.C.Bakshi v. Union of India & Ors.