IND vs AUS: Delhi HC allows DDCA to use alleged illegal structure at Arun Jaitley Stadium during 2nd Test

The High Court here on Wednesday allowed the Delhi and District Cricket Association (DDCA) to use R P Mehra Block, an alleged illegal structure at the Arun Jaitley Stadium, for spectators during the second Test between India and Australia from February 17.

The high court, however, reduced the number of seats in the stand from 1,700 to 1,500 over safety concerns. "What if any mishap happens? We are only trying to save some lives." As an interim measure, the court took into account a 2021 report by IIT-Delhi experts, and directed that the stand, accessible from the first floor of the building, can be used for seating spectators using fixed arrangement. The access to this area should also be opened from the external staircases, it said.

It said the VIP fixed seating area accessible from the first floor can also be used for the purpose of seating, and the stands accessible from the second and third floor can be used as per the existing seating in these areas.

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Justice Tushar Rao Gedela orally observed "nobody is God here. Nobody can predict what will happen next".

While reducing the number of seats to be allowed in the stand, the judge said, "This court is not going to take the burden on its conscience. Any kind of mishap may happen, we don't know." When the DDCA's counsel said it will confine the number of seats to 1,700 though the stand's capacity is much higher and they also have two certificates on structural stability, the judge said, "What if any mishap happens? We are only cutting down the number by few seats. We are only trying to save some lives. The court is concerned about the safety of people so there is no question of 1,700 seats." The second Test of the Border-Gavaskar Trophy between India and Australia is scheduled from February 17 to 21 at the Arun Jaitley Stadium which roughly has a seating capacity of 40,000.

The court was hearing a 2016 petition seeking a direction to the authorities to take action against the construction at Arun Jaitley Stadium claiming that the R P Mehra Block (Old Club House) had been constructed allegedly without any sanction plan.

However, the DDCA, in its latest affidavit filed through advocate T Singhdev, said the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 would clearly demonstrate that the construction of R P Mehra Block is statutorily protected and no action can be initiated by the authorities and that the petition deserves to be rejected on this ground alone.

The MCD counsel also agreed with this stand taken by the DDCA.

During the hearing, senior advocates Rajiv Nayar and Sandeep Sethi, representing the DDCA, said that on the basis of IIT Delhi’s report, the MCD has given consent to use R P Mehra Block.

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They submitted that the conditions imposed by the corporation will be strictly complied with by DDCA.

The submissions were opposed by senior advocate Harish Malhotra, representing the petitioner, on the ground that mere report of IIT Delhi measuring the stability of the building does not epso facto lend credence to the status of the building.

He said the building will automatically not become a sanctioned one.

IIT Delhi gave a report in June 2021 stating that on the basis of the structural analysis, with the completion of the modifications, the building was found to be meeting the requirements of the relevant standard that existed at the time of its construction for the usage for which it is intended.

In its current condition, the building is structurally safe for its intended usage, it said.