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Dated: 6th June 2015

To,
Shri Arvind Kejriwal ji
Honble Chief Minister of Delhi
Govt. of Delhi
3rd Level, A Wing,
Delhi Secretariat, I.P. Estate, New Delhi 110002
Sub: Request to Compliance of Prof. Arya Committee Report (2004) and
provisions of Building Bye-Laws, Indian Standards, National Building
Code to protect buildings in Delhi State (Seismic Zone IV earthquake prone
area) by the Delhi State Govt. Departments and all Municipal Corporations
of Delhi and to take strict action against officials of Delhi State Govt. and all
Municipal Corporations of Delhi who are responsible to non-compliance of
committee report and for allowing to private builders to construct highrise buildings without strengthening foundations of buildings in Delhi State
Respected sir,
With reference to my petition dated 30.04.2015 and 12.05.2015, sent to you
by e-mail and vide speed post no. ED617529120IN dated 01.05.2015 and ED651422110IN
dated 13.05.0215 respectively for the above noted subject.
I am in receipt a copy of forwarding letter dated 22.05.2015 vide no. CMO/PGMS/ 2015/783
of Dr. Vasanthkumar N., Additional Secretary of honble Chief Minister of Delhi which has
been sent to the Private Secretary of Honble Union Minister of Urban Development for
necessary action to compliance of Prof. Arya Committee Report (2004) for earthprone areas.
In this connection, I want to bring in your kind notice that the report of Prof. Arya committee
vide D.O. letter No. 31-1/2004-NDM-III dated 13.09.2004 had been circulated by the
National Disaster Management Division to the Chief Secretary of Delhi State for going
through the recommendations and adapt them to the requirement of the state alongwith an
order to setup a committee within six months.
That Shri S. K. Jha, Addl. District Magistrate (HQ), Govt. of NCT of Delhi vide letter No.
ADM/DRM/TLR/04/4067 dated 25.10.2006 had informed to the Director, NDM-III, MHA that
Adequate steps have been undertaken by this office to modify the building bylaws /
regulations of Delhi, Master Plan of Delhi-2021 & National Capital Regional Plan on the basis
of the guidelines mentioned in copy of the report.
That Shri S. K. Jha mentioned in above noted letter that the recommendation report was
sent to the LG, CM, CS, PS-Home, PS-UD, Commissioner MCD, VC DDA, and Chief (Building
Materials)-BMTPC for suitable action at their end. Further MCD has directed the responsible
agencies for considering the suggestions mentioned in the recommendation report in the
newly developed building bye-laws. NCT of Delhi has constituted committee to
incorporate amendments proposed in Prof. Arya Committee report
I want to inform you that various Departments of Delhi State Govt. and all Municipal
Corporations of Delhi have not taken necessary and immediate action till date to follow
guidelines, suggested by the committee in above noted report and private builders are
constructing high-rise buildings without following Building Bye-Laws, Indian Standards,
National Building Code etc. which is dangerous to the life and property of innocent people.

In this connection, I am submitting herewith a representation dated 06.06.2015 with prayer


at point no. 34 to seek protection of the fundamental constitutional rights under section 21
of the Constitution of India, as the safety of the people is the supreme law and welfare of the
people is the ultimate goal of all laws and above all the Constitution.
So you are requested to please look into the matter and issue necessary orders / directions
as requested at point no. 34 in enclosed representation at your earliest.
Thanking you and hoping your immediate action in above noted important matter.
Sincerely yours

(SANJAY KUMAR JAIN)


IX/1983, Lane No. 3,
Kailash Nagar, Delhi 110031
Mob#:9312278313, 8800001532
E-mail: vishwajains@yahoo.com
Encl: Representation dated 06.06.2015
C.c :-

1. HOME SECRETARY, DISASTER MANAGEMENT DIVISION, MHA


Room No. 113, NORTH BLOCK, Central Secretariat, New Delhi 110001
2. SECRETARY (UD), Ministry of Urban Development, New Delhi -110011
3. National Disaster Management Authority, Safdarjung Enclave, New Delhi
4. Shri Najeeb Jung ji, Honble Lt. Governor, Government of N.C.T. of Delhi
5. All Electronic and Print Media

Dated: 06.06.2015
To,
Shri Arvind Kejriwal ji
Honble Chief Minister of Delhi
Govt. of Delhi
3rd Level, A Wing,
Delhi Secretariat, I.P. Estate, New Delhi - 110002
Sub: Representation to Compliance of Prof. Arya Committee Report (2004) and

provisions of Building Bye-Laws, Indian Standards, National Building Code to


protect buildings in Delhi State (Seismic Zone IV earthquake prone area)
by the all Delhi Municipal Corporations and Delhi State Govt. Departments and ;
to take strict action against officials of Delhi State Govt. and all Municipal
Corporations of Delhi who are responsible to non-compliance of committee
report (2004) till date and allowed to builders to construct multistoried
buildings without strengthening foundations of buildings in Delhi and ;
to take strict action against those builders who have constructed multistoried
buildings without strengthening foundations of high rise buildings in Delhi and;
for compulsory submission of Geotechnical Investigation Report and
details of type of foundation along with Building Plan for sanctioning building
plan alongwith to check foundation work during construction by the officials of
Delhi State Govt. and all Municipal Corporations for more than 15 meter up to
seven stories and more than seven stories in Delhi State
Respected sir,
With due respect it is submitted that India has experienced most disastrous
earthquakes in the recent past. The earthquakes can neither be predicted nor be prevented.
However, the severity of the damages can be minimized by proper land use planning and safe
construction practices.
That the Applicant has taken a serious view of the fact that the Delhi State
Government and all Municipal Corporations of Delhi have not taken necessary and immediate
action till date after the recent earthquake in Nepal and some parts of India to save people
residing in Delhi State as the safety and welfare of the people is the supreme law / the
ultimate goal of all laws, and State action and above all the Constitution and Safety, security
and life would constitute a pyramid within the sanctity of Article 21.
I want to bring in your kind notice that the report of the Prof. Arya committee
vide D.O. letter No. 31-1/2004-NDM-III dated 13.09.2004 had been circulated by the
National Disaster Management Division to all Chief Secretaries of States including Delhi
State for going through the recommendations and adapt them to the requirement of the
state alongwith an order to setup a committee under the chairmanship of Dev. Commissioner
/ Addl. Chief Secretary with Secretary - Disaster Management, Secretary Urban Dev. & Chief
Town Planning Officer and Engineer-in-Chief as members to go through the
recommendations made in the report and adapt them to requirement of the state within six
months and ;

the Director, Disaster Management Division of Ministry of Home Affairs


informed under RTI reply dated 25.11.2014 vide letter no. 1525-26 that the NCT of Delhi has
constituted committee to incorporate amendments proposed in Prof. Arya Committee
report alongwith a copy of letter dated 25.10.2006 vide No. ADM/DRM/TLR/04/4067of Shri
S. K. Jha, Addl. District Magistrate (HQ), Govt. of NCT of Delhi and in this letter, the ADM
(HQ) informed to the Director NDM-III, Ministry of Home Affairs that:
adequate steps have been undertaken by this office to modify the building bylaws
/ regulations of Delhi, Master Plan of Delhi-2021 & National Capital Regional Plan
on the basis of the guidelines mentioned in copy of the report on Model
amendment for Town and Country Planning Acts, Land-use zoning regulations,
Developments control guidelines, Building Bye-laws which was developed by the
National Expert Group.
the recommendation report which was prepared under the core guidance of the
expert committee under the direction of Prof. Arya on 14.02.2006 at NIDM was
sent to the LG, CM, CS, PS-Home, PS-UD, Commissioner MCD, VC DDA, and Chief
(Building Materials)-BMTPC for suitable action at their end. Further MCD has
directed the responsible agencies for considering the suggestions mentioned in
the recommendation report in the newly developed building bye-laws.
(Copy of letter dated 25.10.2006 of Shri S. K. Jha, ADM (HQ) is enclosed as Annex-I)
I want to inform you that various Departments of Delhi State Govt. and all Municipal
Corporations of Delhi have not taken necessary and immediate action till date to follow
guidelines, suggested by the committee in above noted report in the interest of safety of
people of Delhi.
In this connection, the applicant by the present representation having details of Prof
Arya Committee, Central Govt. orders and RTI replies etc. at points 1 to 33 and prayer at
point no. 34 seek protection of the fundamental constitutional rights under section 21 of
chapter III of the Constitution of India, guaranteed for the public at large who are residents
of Delhi Seismic Zone IV of earthquake prone area with the necessity of adequate safety
measures for the public at large for your immediate action in the interest of residents of Delhi
as a whole;
MOST RESPECTFULLY SHOWETH: 1.
That the applicant is a citizen of Delhi and is proprietor of Jain Engg. Technocrats
having 28 years experience in the field of ground strengthening work and applicant is
registered with the Income Tax Department bearing PAN No. ADCPJ2111L and bearing Delhi
Election Identity Card No. DTZ0632554 and a social worker, RTI Activist and Founder
President of Vishwa Jain Sangathan (a non-profit, non-political, religious, social and cultural
organization, registered with Registrar of Societies, Delhi) which is actively engaged in social
services and propagating Ahimsa & Vegetarianism. Petitioner is an Honorary Co-coordinator
(Delhi) of National Commission for Minority Educational Institutions, Govt. of India, New
Delhi.
2.
That applicant has a genuine and bonafide interest in the issues which are raised in the
present representation in the interest of public at large.

3.
That on dated 18 December 2002 vide letter D.O. No. 1-18/2002-DM (I), Shri N.
Gopalaswami, Honble Home Secretary of Govt. of India had recommended measures from
post disaster response to prevention, mitigation and preparedness to all Chief Secretaries of
all States / UT Administrations. Some recommendations are as follows:(x) States in Seismic Zones IV and V may ensure that BIS building codes for
these zones have been adopted and are rigorously enforced by the
Municipal Bodies. All constructions in the Government sector in these areas
must confirm to the BIS Code.
(xii) Special efforts may be put in for education and awareness. This should
include awareness of basic design requirements for constructing private
housing in Seismic Zones IV and V as well as in the belt vulnerable to
cyclones.
4. That on dated 29 July 2003 vide letter D.O. No. 31/16/2003-NDM.II, the Honble Deputy
Prime Minister of India, Shri L. K. Advani wrote to all Chief Ministers of all States to initiate
similar steps as the Govt. of India has been giving attention to assess and improve capabilities
within the country for responding to disasters and to change the approach from a reactive to
a more proactive approach along with to address issues of mitigation / preparedness.
at point no. 2.1, the Honble Dy Prime Minister mentioned;
In particular, I recommend change of focus and responsibilities of your department
of Relief and Rehabilitation into one of prevention and mitigation. It may also be renamed as
Department of Disaster Management.
5.
That with the experience of past earthquakes in India (Uttarkashi in 1991, Latur in 1993
& Bhuj in 2001) which had taken heavy toll on human life and property due to faulty building
constructions practices without following earthquake resistant features / building codes etc.,
in year 2004, the National Core Group of Home Ministry had suggested that Model Buildings
Bye-Laws should be a speaking and self-contained document as far as possible by including
the main features of the BIS Codes and the non-structural aspects, which have bearing on
seismic safety. It was also of the view that the State Town & Country Planning Act as well as
Zoning regulations be reviewed so as to ensure that these are in conformity with mitigation
requirement.
6.
That with the recommendations of the National Core Group on Earthquake Mitigation
set up by the Home Ministry, the Ministry of Home Affairs had constituted a Committee of
experts under the Chairmanship of Prof. Arya (Seismic Advisor) vide order no. 31/35/2003NDM-II dated 20 Jan 2004, to develop Model Building Bye-Laws and the review of City, Town
& Country Planning Act and the Zoning Regulations for Seismic Zone III, IV & V of
earthquake prone areas which have soil conditions and the level of water table favorable
for liquefaction or settlements under earthquake vibrations has greater risk to buildings /
structures.
7. That on dated 01 July 2004, Prof. Arya Experts Committee had submitted its report in two
volumes to the Secretary, Ministry of Home Affairs with detailed recommendations for
additional provisions to incorporate in the development control regulations for safety in
natural hazard prone areas and the building regulations / Model Building bye-laws for
structural safety and the review of City, Town & Country Planning Act and the Zoning
Regulations for Seismic Zone III, IV & V.

The Expert Committee also felt that there is an urgent need to have a law for
professionals in the form of Architect Act for Engineers and professionals so that their
qualifications, responsibilities, duties could be channelized in a better, coordinated and
unified manner.
8.
That National Disaster Management Division had circulated Prof. Arya Committee
report vide D.O. letter No. 31-1/2004-NDM-III dated 13.09.2004 to the all Chief Secretaries
of all states / UTs of India to setup a committee under the chairmanship of Dev.
Commissioner / Addl. Chief Secretary with Secretary - Disaster Management, Secretary
Urban Dev. & Chief Town Planning Officer and Engineer-in-Chief as members to go through
the recommendations made in the report and adapt them to requirement of the state within
six months.
9.
That Government of India has passed Disaster Management Act on 23rd December,
2005 in the Parliament. After this act, disaster is no more confined to any particular
department rather it is confined to all the departments. This Act enables the State
Government to develop management authority at the state level and make it more effective
and specific.
10.
That the Joint Secretary (UD), Ministry of Urban Development (Govt. of India) had
issued an order dated 09.04.2012 vide D.O. No. K-14011/130/2006-UD-II (Vol-VI) to the all
principal secretaries (UD) of all States / UTs of India by mentioning as follows that :1) the Report of the Prof. Arya committee submitted to MHA in July, 2004 has been

circulated to State Governments.


2) the provisions to be incorporated in the State Town & Country Planning Acts
3) Indicate hazard proneness of the area in existing land use maps;

Indicate broadly the manner in which the Planning Authority proposes the land in
such; area should be used keeping in view the natural hazard proneness of the area;
4) For areas not covered under Development Plans, general guidelines on natural

disaster
mitigation shall be issued to various ULBs to enable them to take these into
consideration while siting various projects and deciding on construction of buildings.
Priority-I may include defence installation, industries, utilities and lifeline
structures like hospitals, airports, railway station;
Priority-II may include institutional buildings, Government offices and residential
areas;
5) It is requested that action may kindly be taken at your end to incorporate the

recommendations of the Prof. Arya Committee Report in ;


1. Enabling legislation 2. Zoning Regulations and 3. Building Bye Law
{Copy of letter of Joint Secretary (UD) is enclosed herewith as Annex II}

11.
That as per NATIONAL POLICY ON DISASTER MANAGEMENT 2009, issued by the
National Disaster Management Authority of Ministry of Home Affairs and approved by the
Union Cabinet on 22nd October, 2009 as ;

Disaster Prevention and Mitigation :5.1.1 Unlike man-made disasters, natural hazards like floods, earthquakes, and
cyclones cannot be avoided. However, with mitigation measures along with
proper planning of developmental work in the risk prone area, these hazards
can be prevented from turning into disasters. A multi-pronged approach
needs to be adopted to undertake mitigation measures and one of them
measure is ;
Building mitigation measures into all development projects.

Revision of Municipal Regulations:6.2.1 In view of the construction boom and rapid urbanization, municipal
regulations such as development control regulations, building bye-laws and
structural safety features need to be revisited. These regulations will be
reviewed periodically to identify safety gaps from seismic, flood, landslide and
other disasters and suitable modifications will be made to align them to the
revised building codes of the Bureau of Indian Standards (BIS).

Safe Construction Practices :6.4.1 Hazards like earthquakes and cyclones do not kill people but inadequately
designed and badly constructed buildings do. Ensuring safe construction of
new buildings and retrofitting of selected lifeline buildings, as given in the
Earthquake Guidelines, is a critical step to be taken towards earthquake
mitigation.
Building codes will be updated every five years as a mandatory requirement and also
put in the public domain. Observance of the National Building Code should be made
mandatory in all the State/ Municipal building bye-laws.

Enforcement :6.6.1 After having put the techno-legal and compliance system in place, the
States/UTs will also ensure their enforcement by establishing an effective
mechanism, under the provisions of the Act.

Licensing and Certification :10.9.1 Testing the skills of professionals becomes important to ensure disaster
resilient construction in the built environment. The BIS will be requested to
develop uniform codes and specifications with the help of professional bodies.
The State Governments will develop a scheme to ensure that only adequately
qualified professionals practice within its territory. The State Governments will also enforce
their own registration benchmarks to uphold desirable standards commensurate with their
risk profile.

12. That Shri Sanjay Agarwal, Director Disaster Management Division of Ministry of Home
Affairs provided following information under RTI reply dated 25.11.2014 vide letter No. 3922/2014-DM-III (RTI) / 1525-1526 that :Ans. 1) the copy of Prof. Arya Committee report along with D.O. letters have been
given to all States / UTs.
Ans. 4) The states namely Rajasthan, Mizoram, Jharkhand, Manipur, J & K, Punjab,
Odisha, Meghalaya & NCT of Delhi have constituted the committees.
13. That Shri Sanjay Agrawal, Director, Disaster Management Div., MHA vide letter no. 964
dated 02.06.2015 informed towards my grievance no. PMOPG/W/2015/87457 dated
05.05.2015 to the honble Prime Minister of India ;
The report of committee of experts constituted by this Ministry under Prof. A.S.Arya
was circulated to MoUD and to all Chief Secretaries of States / UTs for going through
the recommendations and adapt them to the requirements of the State.
(Copy of letter dated 02.06.2015 of the Director, MHA is enclosed herewith as Annex-III)
14. That Prof Arya Committee had proposed following some important proposals for all
areas under Seismic Zone III. IV & V for safety in natural hazard prone areas ;
1) Chapter 3.8.1 :- Identification of Natural Hazaard Prone Areas (Page No. 41) ;
a. All areas under Seismic Zone III, IV and V as specified in IS 1893 will be
considered prone to earthquake hazards.
b. In these zones the areas which have soil conditions and the level of water table
favourable for liquefaction or settlements under earthquake vibrations will
have greater risk to buildings and structures which will be of special
consideration under Land Use Zoning.
d. Whereas, earthquake hazard prone areas defined in a above are identified on
the map given in IS 1893 to small scale and more easily identified in the larger
scale state wise maps given in the Vulnerability Atlas of India, the special risky
areas as defined in b & c above, have to be determined specifically for the
planning area under consideration through special studies to be carried out by
Geologists and Geo-Technical Engineers.
2) Chapter 4: ADDITIONAL PROVISONS IN DEVELOPMEN CONTROL REGULATIONS
FOR SAFETY IN NATURAL HAZARD PRONE AREAS :
(ix) Quality Audit (Page No. 50): Third party quality audit is a requirement for
an independent assessment of the quality and
seismic or cyclone resistant features of all the high-rise buildings in
earthquake zone IV and V and coastal areas of the country. The quality audit
report shall consist of conformance or non-conformance of structures with
the technical specifications for earthquake and cyclone resistance and to
suggest remedies/ rectification if any.

3) REVIEW OF STRUCTUREAL DESIGN (page no. 57) :(i)

The Competent Authority shall create a Structural Design Review Panel


(SDRP) consisting of senior Structural Engineer on Record SERs and
Structural Design Agency on Record SDARs whose task will be to review
and certify the design prepared by SER or SDAR whenever referred by the
Competent Authority.

(iii) Table-1 gives requirements of SDRP for different Seismic Zones namely III,
IV and V and for structures of different complexities.
(iv) In Seismic Zone II, buildings & structures greater then 40m in height will
require proof checking by SDRP as per details at sl. no. 03 of Table-1
TABLE 1
PROOF CHECKING REQUIREMENTS FOR STRUCTURAL DESIGN
S.No. Type of Structure

Submission from SER or SDAR

to be Proof checked

1. Load bearing buildings


up to 3 Stories

Structural Design Basis Report*

Not to be checked

2.. Buildings up to seven


stories

SDBR*
Preliminary Design

To be Checked
To be Checked

3.. Buildings Greater than


Seven Stories

SDBR*
Preliminary Design
Detailed Structural Design and
Structural Drawings

To be Checked
To be Checked
To be Checked

5) B3.1 STRUCTURAL ENGINEER ON RECORD (SER) :


Duties and Responsibilities (at page no. 74) ;
A (iii) A structural design report giving salient features of the structure, loads
and soil characteristics and capacity, etc. shall be submitted in the
prescribed format
In the case of high-rise buildings and Special Structures, SER shall ;
B (ii) Get required Soil (Geo-technical) Investigation done from an approved
laboratory and submit the report concerning the same in prescribed
format to the Competent Authority.
15.
That Initiatives taken by the National Disaster Management Division of Ministry of
Home Affairs for disaster risk reduction by issuing National Programme for Capacity Building
of Architects for Earthquake Risk Management (NPCBAERM). Some major Earthquake
Mitigation Measures for building by-laws by MHA as ;
3.1 Considering the earthquake vulnerability of the country, MHA have advised
the States and UTs to ensure that the following measures are put in place ;

(a) Review and, if necessary, amend building byelaws to incorporate the BIS
seismic codes for construction in the concerned zone. Similarly, it should be
ensured that the plans/designs of the Government construction departments
are in accordance with the BIS codes for these zones.
(b) In the municipal areas, make it mandatory for the builders/buyers to submit
building plans prepared by an architect and certified by a structural engineer to
get building construction permission and make the architect and structural
engineers who have prepared the building plan and structural design
accountable for adherence to the BIS codes/building bye-laws.
16.
That as per IS 1893 (Part 1) : 2002, Indian Standard CRITERIA FOR EARTHQUAKE
RESISTANT DESIGN OF STRUCTURES ; GENERAL PROVISIONS AND BUILDINGS (5th Revision)
;
4. TERMINOLOGY FOR EARTHQUAKE ENGINEERING OF BUILDINGS ;
4.2 Base:- It is the level at which inertia forces generated in the structure are
transferred to the foundation, which then transfers these forces to
the ground.
6. GENERAL PRINCIPLES AND DESIGN CRITERIA, 6.1 General Principles ;
6.1.1 Ground Motion :- The random earthquake ground motions, which cause
the structure to vibrate, can be resolved in any three
mutually perpendicular directions. The predominant direction of ground
vibration is usually horizontal.
Earthquake - generated vertical inertia forces are to be considered in design
unless checked and proven by specimen calculations to be not
significant. Vertical acceleration should be considered in structures with large
spans, those in which stability is a criterion for design, or for overall stability
analysis of structures. Reduction in gravity force due to vertical component of
ground motions can be particularly detrimental in cases of prestressed horizontal
members and of cantilevered members. Hence, special attention should be paid
to the effect of vertical component of the ground motion on prestressed or
cantilevered beams, girders and slabs.
6.1.2 :- The response of a structure to ground vibrations is a fiction of the nature
of foundation soil; materials, form, size and mode of construction of
structures; and the duration and characteristics of ground motion. This standard
specifies design forces for structures standing on rocks or soils which do not settle,
liquefy or slide due to loss of strength during ground vibrations.
6.3.2 Design Horizontal Earthquake Load 6.3.2.1:- When the lateral load resisting
elements are oriented along orthogonal horizontal direction, the structure
shall be designed for the effects due to till design earthquake load in one
horizontal direction at time.
At Page No. 31 :- That Alluvium Soil strata for Delhi and nearby areas is shown in
MAP of India, showing Principal Lithological Groups in IS 1893
(Part 1) : 2002 at Annex-C.

17.
That as per IS 1893 (Part 1) : 2002, Delhi and NCR is specified under Seismic Zone IV
(with Magnitude 7 to < 7.5 at page no. 29) area which have moderate to high intensity risk
zone of earthquake prone area.
18.

EARTHQUAKES DO NOT KILL ; UNSAFE BUILDINGS DO :-

An earthquake in Tokyo or Los Angeles may result in damage of only a few buildings
because strict construction regulations are adopted but the same earthquake may be
catastrophic in Mumbai or Delhi, in terms of buildings damaged and lives lost, because the
building design and construction practice are not adequately regulated.
19. That East Delhi Municipal Corporation informed under RTI reply dated 13.06.2014 vide
letter No. PIO/EE (B) HQ / EDMC/2014-15/ D-31 that ;
The Building (HQ) is relying upon the structure stability on the certificate of
structural engineer engaged by the applicant at the time sanction of building
plan.
In this connection, I want to bring in your kind notice that on dated 25.10.2006, the ADM
(HQ), Govt. of Delhi had informed to the Ministry of Home Affairs that steps has been taken
to modify building laws in Delhi and MCD has been directed for considering the
recommendations but Municipal Corporations of Delhi are sanctioning building plans without
checking structural drawings or soil investigation report or details of foundation at the time
of sanction of building till date as information provided by the EDMC under RTI reply.
20. That East Delhi Municipal Corporation informed under RTI reply dated 10.07.2014 vide
letter no. D/30/SE/B/HQ/EDMC towards RTI Application ID No. 20/PIO/EE (B) HQ/EDMC
dated 11.06.2014 that ;
as per provisions of notification dated 21.03.2001 of Ministry of Urban
Development, Govt. of India, a certificate relating to structural safety is given by
the applicant under the signature of owner, architect and structural designer.
No structural drawings or soil investigation report or details of foundation are
insisted at the time of sanction of building plan.
It is submitted that EDMC is relying only building plan not building foundation according
to bearing capacity of soil of seismic Zone IV as some builders are taking soil reports of their
choice with raft foundation recommendations to save time and money from unqualified
persons who are running geotechnical agencies without having soil testing laboratories.
Further it is submitted that above building plan sanctioning system is only an example and
this is the only procedure which is applicable almost in all municipal corporations of Delhi
with the cost of life and property of innocent people.
21.
That East Delhi Municipal Corporation provided a copy of Gazette Notification No.
177 with S.O. 248 (E) dated 21.03.2001, issued by the Ministry of Urban development (Delhi
Division) for following modification /addition in the Building Bye-laws, 1983 under RTI reply
dated 10.07.2014 vide letter no. D/30/SE/B/HQ/EDMC :Modifications :(i)

Clause 18 of Part III of the Building Bye-laws will be modified as

*18 the structural design of foundation shall be carried out in accordance with Part
VI Structural Design, Section - I Loads, Section - 2 Foundation of National
Building Code of India, taking into consideration all relevant Indian standards
prescribed by Bureau of Indian Standards including the latest provisions of National
Building Code & Indian Standards given in annexure-A for earthquake protection of
building.
(ii)

An additional sub-clause is included under clause 6.2.9 of building Bye-Laws


as follows :(i)

The certificate as indicated as Annexure B and C to be signed by the


owner, the architect and the structural engineer.

Annexure A : List of Indian Standards / Guidelines for Hazard safety for


earthquake protection
Annexure B (under clause 6.2.9) :Certificate : The following certificate is to be submitted along with the building
drawing while submitting the plans for obtaining building permission ;
1. Certified that the building plans submitted for approval satisfy the safety
requirements as stipulated under clause 18 of Building Bye-Laws, 1983 and the
information given therein is factually correct to the best of our knowledge and
understanding.
2. It is also certified that the structural design including safety from natural
hazards based on soil conditions has been duly incorporated in the design of
the building and these provisions shall be adhered to during the construction.
22.
That as per Ministry of Urban Development (Delhi Div.) Gazette Notification No. 177
with S.O. 248 (E) dated 21.03.2001 for modification /addition in the Clause 18 (i) of Part III of
Building Bye-laws, 1983, the Municipal Corporations / Development Authority of Delhi is
responsible to check the buildings constructions activities as per all relevant Indian
standards prescribed by Bureau of Indian Standards including the latest provisions of
National Building Code & Indian Standards given in annexure-A of the Gazette for
earthquake protection of building etc. as NCT of Delhi falls under Seismic Zone IV of
earthquake prone area but East Delhi Municipal Corporation is following only newly
amended Clause 18 (ii) of Building Bye-Laws by taking only a structure stability certificate of
structural engineer engaged by the applicant at the time sanction of building plan.
23. That as per NATIONAL BUILDING CODE OF INDIA, 2005 ;
2.2 Building Any structure for whatsoever purpose and of whatsoever materials
constructed and every part thereof whether used as human
habitation or not and includes foundation.
A-6.2 Section 2: Soils and Foundations :- It covers structural design (principles) of
all building foundations, such as, raft, pile
and other foundation systems to ensure safety and serviceability without exceeding

the permissible stresses of the materials of foundations and the bearing capacity of
the supporting soil.
5.0 SEISMIC LOAD :- This clause deals with assessment of seismic loads on various
structures and earthquake resistant design of buildings.
5.1 Terminology for Earthquake Engineering :5.1.1 :- For the purpose of this standard, the following definitions shall apply which
are applicable generally to all structures:
5.3 General Principles and Design Criteria ;
5.3.1.1 Ground motion :- The characteristics (intensity, duration, etc) of seismic
ground vibrations expected at any location depends upon
the magnitude of earthquake, its depth of focus, distance from the epicentre,
characteristics of the path through which the seismic waves travel, and the soil strata
on which the structure stands. The random earthquake ground motions, which cause
the structure to vibrate, can be resolved in any three mutually perpendicular
directions. The predominant direction of ground vibration is usually horizontal.
Earthquake-generated vertical inertia forces are to be considered in design unless
checked and proven by specimen calculations to be not significant. Vertical
acceleration should be considered in structures with large spans, those in which
stability is a criterion for design, or for overall stability analysis of structures.
5.3.1.2 :- The response of a structure to ground vibrations is a function of the nature
of foundation soil, materials, form, size and mode of construction of
structures; and the duration and characteristics of ground motion.
24.

That as per the Delhi Building Bye-Laws, 1983 :2.10 Building :- Any structure for whatsoever purpose and whatsoever material
constructed and every part thereof whether used as human
habitation not and includes foundation,...
2.37 F'ooting :- A foundation unit constructed in brick work, masonry or
concrete under the base of a wall or column for the purpose of
distributing the load over a large area.
2.38 Foundation- That part of the structure which is in direct contact with and
transmitting loads to the ground.

25.

DELHI AND ITS SURROUNDING REGION AND SEISMIC BACKGROUND :

Delhi and its surrounding region have experienced earthquakes in the past and is
vulnerable for earthquake related damages in the future.
The first scientifically recorded earthquake from this region was on 15 July 1720 with
intensity IX. Other major earthquakes have been reported subsequently in the years 1803
(IX), 1825(V), 1830 (V), 1831 (VII) and 1842 (VI). In the recent past, earthquakes of magnitude
up to 6.2 have been reported in Delhi and nearby regions.

There are nearby diffuse seismic sources known for their sporadic activity. In addition,
the threat perception is highlighted by the proximity of the active Himalayan plate boundary
region. Thus, seismic hazard at Delhi is controlled broadly by two different tectonic regimes
namely, the Himalayan region (HR) and the Delhi region (DR).
That twenty potential faults, in a region of 300 km radius around Delhi, are identified
by mapping the peak ground acceleration (PGA) values for Delhi city, using probabilistic
seismic hazard analysis (PSHA) methods. The city has considerable variation in the soil
layering and bed rock profile, which may cause large variation of surface level ground
motion.
The terrain of Delhi is flat in general except for the NNE-SSW trending ridge. This is
one of the prominent features of Delhi. This is considered as an extension of the Aravalli hill,
which is buried under the Yamuna alluvium in the northern parts of Delhi. River Yamuna,
which is another prominent feature of Delhi, enters the city from north and flows southward
with an eastern bend near Okhla. This path forms a tri-junction with the Lahore-Delhi ridge,
and the Delhi-Haridwar Ridge. This region is seismically active and shows sporadic activity
aligned in NNE-SSW direction, nearly perpendicular to the Himalayan arc. Proximity of
Himalayan region makes Delhi susceptible to the earthquakes from Himalayan seismic
sources also.
The nearest point from the Main Boundary Thrust (MBT) to Delhi is around 160 km. A
large number of fractures and faults are noticed in the Himalayas. This zone is well known for
its severe seismic activity. In comparison with this, study suggests that the Sonepat-DelhiSohna dislocation is responsible for frequent earthquakes in and around Delhi city.
This has been further improved here to map all known faults in a radius of 300 km.,
around Delhi city. Twenty faults recognizable as affecting Delhi are shown. Among these,
eighteen faults have been marked following the Seismo-tectonic Atlas of India. A short fault
within Delhi city has been identified based on a report of Geological Survey of India.
{Reference: SEISMIC HAZARD MAPPING OF DELHI CITY (Paper No. 180) in 13th World
Conference on Earthquake Engineering at Vancouver, B.C., Canada on
August 1-6, 2004, presented by Mr R. N. Iyengar and Mr S. Ghosh}
26.
That Department of Science and Technology, Govt. of India, had constituted a multidisciplinary Working Group of experts from India Meteorological Department, Geological
Survey of India, Central Ground Water Board, Central Road Research Institute, Wadia
Institute of Himalayan Geology, Delhi University and I.I.T- Delhi, Roorkee & Kharagpur.
Earthquake Risk Evaluation Centre, IMD, had been entrusted to collate the data, generate
new inputs, integrate multi thematic data and 1st level Seismic Hazard Microzonation map
of NCT of Delhi in 1:50,000 scale has been completed and Delhi has been divided into three
hazard level (Low, medium and high) and hazard levels have further been divided into nine
micro-zones of likely uniform seismic hazard and ground response pattern.
As per 1st level Seismic Hazard Microzonation Map of NCT of Delhi, the area of
East, North, North East part of Delhi comes under high hazard due to liquefaction
Potential of newer Alluvium Proximal to Yamuna River and North-West, West, South West
and some part of South & New Delhi comes under Moderate Hazard.

27. That the Geological Survey of India, Northern Region, Lucknow replied vide letter no.
2255/RTI/2341/03-14/NR/LKO dated 11.06.2014 towards following questions :Q. 1. Whether laboratory testing for geotechnical properties of Soils and Rocks is of
prime Significance in qualitative & correct evaluation / assessment / Geotechnical
study of Soil & Rock properties with the impact of both short term and long term
stress on it for the design of Civil Engineering structures, especially in Earthquake
Prone Areas under seismic zones III, IV & V.
Ans. : Yes, it is significant, especially when the perspective is for the impact of
earthquake forces on the civil / engineered structures. For further details kindly
refer Indian Standard criteria for earthquake resistant design of structures, part
1 general provisions and buildings (5th revision) IS 1893 (Part 1) : 2002
Q.2. Whether those areas, which are under seismic zones III, IV & V of earthquake
prone areas, have soil conditions and the level of water table favorable for
liquefaction or settlements under earthquake vibrations has greater risk to
buildings / structures should be given special consideration to grant land use
zoning and to conduct proper Geotechnical Field study & Lab testing for
determination of bearing capacity of soil instead of only field K-Value test for the
finalization of type of foundation of new buildings / structures etc. for safety
purposes.
Ans.: The subsurface / foundation level soils in areas falling in high seismic hazard
zones of Seismic Zoning Map of India should be carefully examined for
liquefiability conditions and accordingly the designing of the civil structures
should normally be decided. For more information, kindly consult IS 1893 (Part1) : 2002.
28.

That type of foundations for high rise buildings :-

Raft Foundation :- That when the supporting soil is not too compressible a flat
concrete slab and beam type of raft under the building structure and on ground surface is
likely to be more economical.
Pile foundation :- That Pile Foundations shall be designed in such a way that the
load from the structure it supports can be transmitted to the soil without causing any soil
failure and without causing such settlement, differential or total under permanent/transient
loading as may result in structural damage and/or functional distress. The pile shaft should
have adequate structural capacity to withstand all loads (vertical, axial or otherwise) and
moments which are to be transmitted to the subsoil.
29.
That as per Liquefaction studies for seismic Microzonation of Delhi region,
conducted by famous Geological Expert Prof. K. S. Rao and D. Neelima Satyam of Department
of Civil Engineering, Indian Institute of Technology, New Delhi (published in CURRENT
SCIENCE, 646 VOL. 92, NO. 5 on dated 10 MARCH 2007)
Results :- Since Delhi falls in the high seismic risk zone, there is need for
the assessment of liquefaction potential of the Holocene soils in trans-Yamuna region, where
the depth of soil goes up to 150 meter saturated sandy soils are susceptible to earthquakeinduced liquefaction. Hence, structures located especially on these areas that are not

designed for earthquake forces are worst affected. Amplification of soil will be high on soft,
saturated alluvium than on hard rock. The area has extensive tracts of Delhi silt and loose
sand. Due to recurring seismic activity, there is a chance of the soil being subjected to
liquefaction.
The liquefaction potential is severe in the trans-Yamuna region, some places at
Noida, that are comparatively near the river also shows severe liquefaction potential.
30.
That as per Geological, Geomorphological & Mineral MAP of Delhi, published by
the Geological Survey of India vide Misc. Pub. No. 30, Pt. XVI,
the soil strata is multiple fill alternate sequence of grey micaceous fine to
medium grained sand (terrace alluvium formation)
31.
That the honble Supeme Court of India has also passed various judgments for the
safety and security of the people of country. Some important judgements are as follows ;
a) in the matter of M.I. Builders Pvt Ltd. v. Radhey Shyam Sahu, the Honble Supreme
Court held that;
"This Court in numerous decision has held that no consideration should be
shown to the builder or any other person where construction is unauthorised.
This dicta is now almost bordering rule of law"...
b) That in the matter of PRATIBHA CO-OPERATIVE HOUSING SOCIETY LTD. AND ORS.
v. STATE OF MAHARASHTRA AND ORS.: the Honble Supreme Court held that;
"We are also of the view that the tendency of raising unlawful constructions and
unauthorized encroachments is increasing in the entire Country and such activities
are required to be dealt with by firm hands.
Such unlawful constructions are against public interest and hazardous to the
safety of occupiers and residents of multistoried building."
c) That in State of Bihar v. Subhash Singh (1997) 4 SCC 430, the bureaucracy is
accountable for the acts done in accordance with rules, for all action within its
domain and that hierarchical responsibility for the decision is their in- built
discipline. The head of the Department / designated officer is ultimately responsible
and accountable.
d) That in G. Sundarrajan Vs UOI (C.A. 4440 /2013), the Honble Supreme Court held;
19.

We are however deeply concerned with the safety and security of the
people of this country, its environment, its flora and fauna, its marine life,
ecology, bio-diversity and so on which the policy makers cannot be on the guise
of national policy, mutilate or rob of, in such an event the courts can unveil
the mask and find out the truth for the safety, security and welfare of the
people and the mother earth.

211. In Charan Lal Sahu v. Union of India, (1990) 1 SCC 613 , this Court,
while dealing with the constitutional validity of the Bhopal Gas Leak
Disaster (Processing of Claims) Act, 1985, While discussing the concept
of parens patriae, the learned Chief Justice observed that the conception of

the parens patriae theory is the obligation of the State to protect and it
takes into custody the rights and the privileges of its citizens for
discharging its obligation. While dealing with the said concept, it has
been opined that the maxim salus populi suprema lex regard for public
welfare - is the highest law.
215. In Pritam Pal v. High Court of Madhya Pradesh, Jabalpur (1993 Supp (1)
SCC 529) through Registrar, the maxim salus populi suprema lex, i.e.,
welfare of the people is the supreme law, was again emphasised upon,
though in a different context.
216. At this juncture, I must also refer to the other maxim salys republicae
supreme lex, i.e., safety of the State is the supreme law and in case of
any conflict, an individual must yield to the collective interest. But, it
should not be done at the cost of safety. At all times and at all quarters,
sincere efforts are to be made to maintain and sustain the safety of the
people.
In State of Karnataka and others v. Dr. Praveen Bhai Thogadia, (2004) 4
SCC 684, Welfare of the people is the ultimate goal of all laws, and
State action and above all the Constitution. They have one common
object, that is to promote the well-being and larger interest of the society as
a whole and not of any individual or particular groups carrying any brand
names.
e) That in Major Sandeep Donald Shah Vs UOI, WP (C) NO. 376 OF 2014), the
Honble Supreme Court has directed the Centre to make people aware about
earthquake and safety measures.
f) That in the Honble Supreme Court on its Own Motion v. Union of India
reported in 2012 (12) SCALE 307 in the following words:The scheme under the Indian Constitution unambiguously enshrines in itself
the right of a citizen to life under Article 21 of the Constitution. The right to
life is a right to live with dignity, safety and in a clean environment.
32.
That the applicant has submitted a petition dated 30.04.0215 to the Honble President
and Prime Minister of India and other concerned Ministries of the Central Govt., and a copy
of the petition also has been sent to the Honble Chief Minister of Delhi, LG of Delhi and
Chief Secretary of Delhi by Speed Post No. ED617529120IN, ED617529133IN &
ED617529062IN dated 01/05/2015 respectively but no action has been taken by the Delhi
Government till date.
33.
That the applicant has submitted another a detailed petition dated 12.05.0215 to the
Honble President, Chief Justice and Prime Minister of India and other concerned Ministries
of the Central Govt., and a copy of the petition has also been sent to the honble Chief
Minister of Delhi by Speed Post No. ED651422110IN dated 13/05/2015 but no action has
been taken by the Delhi Government till date.

PRAYER
34.
That the applicant, therefore, pray to the honble Chief Minister of Delhi
may graciously be pleased to;
1. issue an order or direction to the all Municipal Corporations, Public Works

Divisions and other concern departments of Delhi Govt. to incorporate


provisions as suggested by the Prof. Arya Committee Report dated 01 July 2004
in Zoning Regulations and building Bye-Laws for Seismic Zones of earthquake
prone areas as ordered by the Joint Secretary (UD), Ministry of Urban
Development vide D.O. No. K-14011/130/2006-UD-II (Vol-VI) dated
09.04.2012 to the Principle Secretaries (UD) of Delhi State Govt.
2. issue an order or direction to the all municipal corporations, public works
divisions and other concern departments to follow provisions of Building ByeLaws, Indian Standards prescribed by the Bureau of Indian Standards, National
Building Code of India, 2005, to permit / allow to construct high rise buildings
of more than 15 meter height up to seven stories and more than seven stories to
private builders in Delhi State.
3. issue an order or direction to the all municipal corporations, public works
divisions and other concern departments to get Geotechnical Investigation
Report and details of type of foundation along with Building Plan for
sanctioning building plan for more than 15 meter up to seven stories and more
than seven stories in Delhi State.
4. issue an order or direction to the all Municipal Corporations or concerned
departments to check construction of building foundation as submitted with the
Building Plan for sanctioning and issue a foundation completion certificate.
5. issue an order to take necessary action against those Govt. Officials of all
Municipal Corporations or Delhi State Govt. who are responsible to permit /
allow to construct high rise buildings to private builders without checking
building plans as par Building Bye-Laws, Indian Standards prescribed by the
Bureau of Indian Standards and National Building Code of India, 2005, specially
made for Delhi Seismic Zone IV of Earthquake prone area which have soil
conditions and the level of water table favorable for liquefaction or settlements
under earthquake vibrations.
6. issue an order or direction to appoint an expert committee of experienced and
qualified Geotechnical, Structural, Civil Engineers and other public
representatives to check the construction activities specially of building
foundation in Delhi Seismic zone IV instead of Govt. officials and politicians
who do not have time and any technical experience in the construction field.

(SANJAY KUMAR JAIN)


IX/1983, Lane No. 3,
Kailash Nagar, Delhi 110031
Mob#:9312278313, 8800001532
E-mail: vishwajains@yahoo.com
jantechno@yahoo.com
Encl : As stated above

Annex - I

Annex II

Annex III