PolityGS2+ GS3

Delhi Building Tragedies Expose Systemic Urban Planning and Safety Failures

Indian Express·2026-09-10· Read original

"Delhi Building Tragedies Expose Systemic Urban Planning and Safety Failures"

Prelims Facts

  • •The 74th Constitutional Amendment Act, 1992 gave constitutional status to Urban Local Bodies; the Twelfth Schedule lists 18 functions including urban planning, regulation of land use, and public health.
  • •The Delhi Development Authority (DDA) is the statutory body that prepares the Master Plan for Delhi under the Delhi Development Act, 1957.
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Key Terms

Lal Dora

a colonial-era demarcation of village settlement land in Delhi, historically exempt from building regulations.

Urban village

a village settlement absorbed into a city's urban area but retaining its original land-use classification and informal governance character.

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Study Note

BackgroundCore Concept

Background

Urban governance in India operates across multiple layers: the Union government, state governments, and urban local bodies (ULBs) such as municipal corporations. The 74th Constitutional Amendment Act, 1992 gave constitutional status to ULBs and listed urban planning, regulation of land use, and public health and sanitation among the functions to be devolved to them under the Twelfth Schedule. In practice, however, most states have not fully transferred these functions. Planning authority, building regulation, fire safety enforcement, and trade licensing often remain with different agencies, sometimes the municipal corporation, sometimes a development authority, sometimes a state department, with no single body holding coordinated responsibility.

Delhi's urban fabric is particularly complex. It includes planned colonies, unauthorised colonies, regularised unauthorised colonies, urban villages (governed historically under the lal dora system), and resettlement colonies. The Master Plan for Delhi is prepared by the Delhi Development Authority (DDA) under the Delhi Development Act, 1957. The current plan, MPD-2021, permitted limited commercial activity in village abadis and regularised colonies under specific conditions. The forthcoming Master Plan 2047 proposes mixed-use development and commercial-centre renewal. However, the gap between what the plan permits and what actually exists on the ground has historically been wide. The concept of the Right to the City, which holds that residents of a city, including those in unauthorised settlements, have a legitimate claim to public services, safe infrastructure, and participation in urban decision-making, is directly relevant here. Crucially, the state cannot simply deny public services or safety protections to residents of unauthorised colonies; the obligation to ensure structural and fire safety extends to all occupied buildings, regardless of their formal planning status.

The Supreme Court's directions in the M.C. Mehta case (2006) addressed commercial misuse of residential premises in Delhi. These directions required public notice, an opportunity to stop misuse, and a structured enforcement process before sealing action. They were not designed to protect unsafe buildings, but they established that enforcement must be targeted, reasoned, and procedurally fair, not a blanket reaction to a disaster.

The Topic Explained

The core governance problem is what may be called the normalisation of planning failure. Cities grow faster than their formal planning frameworks. Small businesses, student accommodation providers, and informal entrepreneurs cannot afford rents in formally planned commercial zones. They occupy urban villages, peripheral settlements, and semi-legal spaces where demand exists but legal clarity does not. The state, rather than resolving this ambiguity, often tolerates it informally: it collects trade licence fees, utility charges, and property taxes from these establishments, effectively recognising their existence. When a disaster occurs, the same state then treats the entire ecosystem as illegal.

This creates a structural accountability gap. Multiple arms of government issue overlapping or contradictory approvals. A trade licence may be granted by the municipal corporation. A fire no-objection certificate may be required from the fire department. Building plan sanction rests with a different authority. Occupancy certificates are issued (or not) by yet another body. …

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Related PYQs

2021GS1 Prelims

Consider the following statements:

1.'Right to the City' is an agreed human right and in this regard, UN-Habitat (United Nations Habitat) monitors the commitments made by each country.

2.'Right to the City' gives every resident of the city the right to reclaim public spaces in the city and public participation.

3.'Right to the City' means that the State cannot deny any citizen of any public service or facility from unauthorized colonies (bastis) of the city.

Which of the statements given above is/are correct?

A1 only
B3 only
C1 and 2
D2 and 3
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2017GS2 Mains

'The local self-government system in India has not proved to be effective instrument of governance.' Critically examine the statement and give your views to improve the situation.

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Practice MCQs

Politymedium

Consider the following statements regarding the 'Right to the City' concept:

1.It is a formally agreed binding human right under international law.

2.It gives every resident of a city the right to reclaim public spaces and participate in urban decision-making.

3.The State cannot deny any public service or facility to residents of unauthorised colonies in a city.

Which of the statements given above is/are correct?

A1 and 2 only
B2 and 3 only
C1 and 3 only
D1, 2 and 3
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Politymedium

Which of the following correctly matches the constitutional/statutory instrument with its primary urban governance function?

A74th Constitutional Amendment Act — Provides for the establishment of the Delhi Development Authority
BTwelfth Schedule — Lists 18 functions including urban planning and regulation of land use to be devolved to Urban Local Bodies
CDelhi Development Act, 1957 — Constitutes the National Capital Region Planning Board
DEleventh Schedule — Lists urban planning functions to be devolved to Urban Local Bodies
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Polityhard

With reference to the Supreme Court's directions in the M.C. Mehta case concerning Delhi, consider the following statements:

1.The directions were primarily concerned with unauthorised construction above four floors in residential areas.

2.The directions required public notice and an opportunity to stop misuse before sealing action.

3.The directions contemplated a structured enforcement process for commercial misuse of residential premises.

Which of the statements given above is/are correct?

A1 only
B2 and 3 only
C1 and 3 only
D1, 2 and 3
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Politymedium

Consider the following statements about the Master Plan for Delhi:

1.It is prepared by the Delhi Development Authority under the Delhi Development Act, 1957.

2.The Master Plan for Delhi 2021 prohibits all commercial activity in village abadis and regularised unauthorised colonies.

3.The forthcoming Master Plan 2047 proposes mixed-use development and commercial-centre renewal.

Which of the statements given above is/are correct?

A1 only
B1 and 3 only
C2 and 3 only
D1, 2 and 3
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