W.P.(CRL)/2151/2024 of CIVIL SAFETY COUNCIL OF INDIA Vs UOI AND ORS

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CORAM:HON'BLE THE ACTING CHIEF JUSTICEHON'BLE MR. JUSTICE TUSHAR RAO GEDELA

JUDGMENT

MANMOHAN, ACJ: (ORAL)

1.Present public interest petition has been filed following the recentmishap at the Terminal-1 of the IGI Airport, Delhi whereby portion of theroof at Terminal-1 collapsed due to heavy rainfall around 5:00 A.M. on 28[th]June, 2024.

2.The Petitioner has prayed for initiation of investigation by amultidisciplinary Special Investigation Team (SIT) headed by group ofexpert engineers or by any other agency like CBI etc. to assess the quality of

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building construction, its project approval and clearance from civil agencieslike MCD etc. or its maintenance as per building bye-laws at all Terminalsof the Delhi Airport and at other Terminals in the country.

3.Learned counsel for the Petitioner states that three airport mishaps inthree days at Jabalpur, Delhi IGI and Rajkot caused by relentlessdownpours, have raised serious concerns about the safety and structuralintegrity of the airport facilities. He states that Respondent No. 5, whichoperates the Delhi Airport, failed to comply with the Fire and Life Safetynorms in accordance with the provisions of National Building Code of India,2005.

4.Learned counsel for the Union of India states that an F.I.R. No. 40 of2024 dated 28[th]June, 2024 under Sections 337/304A IPC for causing deathby negligence has been registered by the Delhi Police and investigation isunder way. He further states that the Ministry of Civil Aviation (MoCA)has constituted high level expert committee consisting of structuralengineers from IIT Delhi to assess the incident at Delhi T1 and submit itsreport. Further, all the airport operators have been directed to carry out athird party audit of structural stability of airport buildings and associatedinfrastructures through reputed Government Institution/ Body such as IITs,NITs, CBRI, EIL etc. All the airport operators have also been directed tocarry out thorough evaluation of all civil, electrical and technical aspects ofthe building including the design, specifications and workmanship of theroof sheeting structure before the onset of monsoon every year. He pointsout that airport buildings are built following laid down standards/ NationalBuilding Code. Further, Directorate General of Civil Aviation has publishedCivil Aviation Requirements Section 4 Series Part 1 which deals with

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standards prescribed for airside infrastructure and DGCA carries out regularaudits in the form of surveillance inspections/ spot inspections to ensurecompliance to these standards. He lastly states that all airport operators havebeen instructed to carry out third party structural audit by reputed agencieslike IIT/NIT/ Govt. Engineering Colleges, EIL etc.

5.Learned counsel for Airport Authority of India has handed over acopy of the statement issued by its Chairman on 28[th]June, 2024.Therelevant portion of the said statement is reproduced hereinbelow:

“2.As preventive measure, all Airport Directors arehereby directed to carry out inspection of the building(s) to findout any shortcomings, deterioration etc. so that remedialmeasures can be taken. Small airports having terminal buildingupto 10,000 sq. mtrs. to complete this exercise by 30.06.2024and airport having more than 10,000 sq. mtrs. terminalbuilding to complete this exercise by 05.07.2024.

3.Concerned REDs are also directed to coordinate and dothe manpower planning for auditing purpose.In CHQ, ED(LM) would plan and coordinate for timely completion of suchinspections and plan out for the subsequent work, if any.”

6.In view of the aforesaid steps that have been initiated by therespondents, the present writ petition is closed.

ACTING CHIEF JUSTICE

TUSHAR RAO GEDELA, J

JULY 22, 2024N.Khanna

W.P.(CRL) 2151/2024