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2. The facts on record establish structural defects and flaws in the construction of the apartments in question, making them structurally unsafe.

Wide and deep cracks have developed in the beams, columns and pillars of the structures. There is corrosion and rusting of the steel bars, with deterioration in the reinforced concrete with heavy corrosion. Incidents of falling of interior ceilings of roofs of the flats, and falling of large lumps of exterior plaster, have been reported continuously. The avid object of Right to Life and Right to Live with Dignity, as embodied in Article 21 of the Constitution of India, has been infracted with impunity, on account of the callousness and dereliction of the DDA.

Inspection report of IIT Delhi, clearly highlights structural defects in the buildings which can only be attributed to flawed construction, poor oversight and supervision, which was undoubtedly the responsibility of the DDA. It is surprising that, despite collecting Rs. 20.80 cr from allottees for maintenance for 30 years, DDA is taking recourse to a legal alibi that is infructuous in the first place.
Further, for the future, DDA may ensure incorporation of mandatory clauses in its tender documents, that in case of any eventuality of structural defects, due to poor construction/material, comes to light, criminal action along with financial recovery, shall be initiated against the developer/contractor. For this purpose, suitable legal provisions may be incorporated in the rules and acts that govern such contracts/tenders.