News: Gurugram: Developer knew construction material was subpar, say cops-16-02-2022
Residents say they are satisfied with the addition of IPC Section 304(ii) (death caused by negligent act) to FIR, but insist that action be taken against guilty parties
Police on Tuesday added Section 304 (ii) of the Indian Penal Code (IPC) in the first FIR lodged against the developer of the Chintels Paradiso condominium, saying the developer had prior knowledge of the fact that the construction material used in the building was not up to scratch, which could lead to loss of lives.Section 304 (ii) is added to an FIR when there is knowledge that death may be caused by an act. The section carries a maximum punishment of upto 10 years.
On Thursday, ceiling slabs of a portion of six flats in Tower D of the condominium collapsed, trapping residents. Two people died in the incident, and others were rescued after hours-long efforts by disaster response teams.
Two cases have been registered so far under Section 10 of Haryana Development and Regulation of Urban Areas Act 1975 and sections 120 B (conspiracy), 417, 420 (cheating), 465 (punishment for forgery), 467 (forgery), 468 (forging documents) and 471 (using forged document) of the IPC at the Bajghera police station. The first FIR in the case was filed on Thursday on a complaint by the husband of one of the victims of the tragedy. The second FIR, naming all the directors of Chintels India Limited, Ashok Solomon, chairman of the Chintels India Ltd, the structure engineer, architect and the contractor, was registered on Sunday.
Deepak Saharan, deputy commissioner of police, said that they added the new section on Tuesday after a preliminary investigation, conducted by police, district administration, and the department of town and country planning (DTCP), found that the developer was fully aware of the situation of the construction. “The developer knew that construction material used was not of good quality and despite repeated complaints from the residents no action was taken. No repair or renovation work was carried out after they received initial complaints,” he said.
Saharan said that the residents are still traumatised. “People are scared to live in the society, but don’t have another option as they have taken loans to buy these houses and are paying EMIs. But their lives are at risk,” he said.
Police on Monday served notices to the condominium’s developer, architects, structural engineers, contractors, and the owner of the sixth-floor apartment where repairs were taking place when the mishap occurred, and asked them to join the investigation.
District town planner, enforcement, RS Bhath, said that they conducted a detailed investigation and submitted a report within 48 hours, on the basis of which the second FIR was registered on Sunday at Bajghera police station. “According to the rules, when occupancy certificate is given, neither the DTCP nor the government’s structural engineers conduct an audit. As per the provisions, a qualified structural engineer has to certify the quality of the building at the time the occupancy certificate is issued. In this case, a structural engineer from IIT Delhi and another from IIT Roorkee, who both have at least 20 years of experience, had certified in 2017 that the building was constructed under their supervision and met the specifications of the National Building Code. Since this mishap has taken place, we believe this implies that these declarations were fraudulent and hence we recommended the registration of an FIR,” he said.
While residents expressed satisfaction with the addition of the new section to the FIR, they insisted that action be taken against guilty parties.
Yashesh Yadav, president, Dwarka Expressway (DXP) Welfare Association, said that the section was added after the residents requested the CM and deputy CM to intervene. “We are happy that section is added but what about the arrests of Ashok Solomon, Prashant Solomon and Rohan Solomon? They have been booked, but are still roaming free,” he said.
Sonam Arora, a resident of Chintels Paradiso, said that the society’s residents will continue their relay hunger strike until their demands are met. “We want a CBI inquiry to be conducted against the developer and government officials, including those from DTCP, involved in issuing completion and occupancy certificates. Also, we want the structural audit by IIT Delhi professionals to be conducted under the supervision of the court,” she said.
Bhath said DTCP had conducted an audit last year in Chintels Paradiso society and had pressed upon the developer to submit a report by their structural engineers and architects that the building was strong enough for all residents to occupy. “If qualified people are giving us fraudulent reports then it is a matter of concern and an eye-opener for the department. Since our department does not conduct audits independently, and we do not employ our own structural engineers and architects, we are dependent on third parties for audits,” he said.
On Monday, chief minister Manohar Lal Khattar said that the government, in principle, has decided that the DTCP, apart from structural engineers appointed by the builders, should also ask reputed government institutions to conduct a structural audit before issuing occupancy certificates to avoid such incidents in the future.
Following the CM’s orders, Bhath wrote to the director of IIT Delhi regarding a structural audit of Chintels Paradiso. “We have requested IIT Delhi to provide us with technical consultancy services to assess the existing condition of the structures and the cause of the mishap; and send us clear recommendations as to whether the structures are safe; and if repairable, the methodology to be adopted,” he said.
A spokesperson of Chintels Paradiso said that they are cooperating with the authorities. “The structural audit will be done and if any corrective action needs to be taken, we will do so. If the government or authorities recommend any particular agency or company to do this, we can let them do it under the watch of authorities and we can bear the cost. Once all the reports are in place, the repair work and rebuilding of the broken slabs can be carried out. We request the authorities for assistance in this matter so that we can get our residents back to their homes in a safe and secure environment,” he said.
Bhath said a team of 60 people, including plumbers, reached the Chintels Paradiso condominium on Tuesday to begin repair work. “The work will be carried out in 40 flats, which need urgent repair, throughout the night under my supervision,” he said.
