Despite court orders no action has been taken: Counsel tells Delhi High Court in plea over earthquake preparedness

The Delhi High Court on Thursday while hearing a plea raising concern regarding the poor seismic stability of buildings in Delhi granted 4 more weeks’ time to the Delhi Government to file its response in view of its earlier order.

The Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad granted 4 weeks of time to the Delhi Government to file its response in view of the earlier orders passed in regard to the concerned matter.

Advocate Arpit Bhargava had filed the present contempt petition due to the alleged deliberate and willful actions/omissions on behalf of the Delhi Government for non-compliance with the previous orders, thereby attempting to cause obstruction in the due course of judicial proceedings as well as a tendency to impede, obstruct and interfere with the administration of justice.

The contempt plea was filed in relation to a Public Interest Litigation regarding the seismic stability of buildings in Delhi and the safety of the residents of Delhi in the event of an earthquake.

It was submitted that the Delhi Government had quite a casual approach in taking steps in a time-bound manner in order to save the people of Delhi from an impending earthquake and that it becomes evident that despite repeated orders of the High Court, they were never really compiled with despite of warning of initiation of contempt proceedings against highest official.

IN the PIL, the high court had ordered the Commissioners of the Corporations (North Delhi Municipal Corporation, South Delhi Municipal Corporation, East Delhi Municipal Corporation and New Delhi Municipal Council) to ensure that an action plan, in accordance with the Court’s directions, is prepared within four weeks from the day the order was passed i.e. February 7, 2018, in default they shall be present in Court on the next date of hearing.

The court recorded that in the event a proper detailed action plan is not made available to the public, guiding them step-by-step about the measures to be taken as a precaution, all concerned officials of the Government of NCT of Delhi, as well as the highest officials of MCD, Delhi Development Authority, New Delhi Municipal Corporation, Delhi Cantonment Board and other local authorities, would face contempt proceedings without any further orders.

The petitioner further submitted that it is amply clear that despite such serious intervention shown by the high court over a period of 5 years in the matter involving the risk of wiping out the entire city of Delhi, the State Government has shown little concern for larger public interest and did not move an inch in the last 5 years for ground level formulation and implementation of action plan proposed to the high court.

The petitioner prayed before the high court to take coercive steps for willful disobedience of the orders of the high court and for not complying with them and to pass such other/further orders as this court deems fit and proper in the interest of justice and in the public interest.

Cause Tile: Arpit Bhargava & Anr. vs. Vijay Kumar Dev & Ors.

Statutes: Contempt of Court Act, 1972