Delhi HC Orders DDA To Pay Rs 11 lakh To Kin of Man Who Died in Balcony Collapse

New Delhi: Delhi High Court has awarded over Rs 11 lakh as compensation to family of a 45-year-old man who died after balcony of ir second-floor DDA apartment collapsed in July 2000.

Justice Dharmesh Sharma observed that negligence of Delhi Development Authority (DDA) was "direct cause" of balcony collapse, holding that authority h continuing obligation to ensure infrastructure's durability and longevity post-allotment.

judge asked authority to pay to widow and two children of deceased amount of Rs 11.44 lakh with interest at rate of six per cent per annum from date of filing of present writ petition in January 2001.

family was occupying a second floor apartment in multi-storied project developed by DDA for low and medium-income groups in Jhilmil Colony.

petitioners alleged that construction of property was of substandard quality, with its plaster peeling off within five to six years of construction while it should have lasted 40-50 years.

"It is clear that DDA's negligence was direct cause of balcony collapse... DDA h a continuing obligation to ensure infrastructure's durability and longevity post-allotment.

" facts of this case unequivocally demonstrate that latent construction defects, which should have been timely dressed, were root cause. DDA was responsible for rectifying se defects, eir directly or through its agencies," said judgement passed on November 13.

"A writ of mandamus is issued directing respondent DDA to pay a total compensation of Rs 11,44,908 to petitioners in ratio of 2:1:1 to widow and two children respectively, with interest @ 6% per annum from date of filing of present writ petition i.e., 11.01.2001 till realization within a period of six weeks from today," court ordered.

DDA opposed plea on grounds that responsibility for poor or no-maintenance was of resident and since flats were constructed in year 1986-87, agency was not responsible for maintaining m after such a long period of time.

Authority also said area was de-notified in 1993 and all building activities, including maintenance, were transferred to Municipal Corporation of Delhi (MCD).

court, in its judgment, said re was no evidence to suggest that deceased or his family members took any deliberate action to contribute to seepage or dampness in area and DDA was accountable for quality, strength and lifespan of balcony's superstructure.

"An ordinary person cannot be expected to detect structural defects in ir balcony. Notably, Jhilmil DDA Flats Residents Association h repeatedly alerted DDA to poor construction quality and substandard materials, but ir concerns were consistently ignored," it noted.

court also said no blemish could be attributed to MCD when it was DDA that constructed flats in question. 

(Except for heline, this story has not been edited by Republic and is published from a syndicated feed.)