Negligence By MCD And Fire Department? Four Key Takeaways From Magisterial Investigation Report On UPSC Aspirants' Deaths

A magisterial investigation into the deaths of three civil services aspirants in the flooded basement of a Delhi coaching centre has revealed serious violations of multiple laws by the Municipal Corporation of Delhi (MCD) and the Fire Department.

The report, submitted to the Revenue Minister on 7 August 2024 has stated, "The owners and management of RAU's IAS Study Circle were also culpable for criminal negligence by dangerously misusing the basement without regard for the students' safety."

Here are the key takeaways from the report -

1. MCD and the Fire Department were aware of the building's rule violations

The report has uncovered that the MCD and the Fire Department were aware of the building's rule violations but failed to take action.

The report further stated that the building had permission for "office/business" use, which did not require a fire no-objection certificate (NOC). However, since it was being used for "educational purposes" and exceeded nine metres in height, a Fire Department NOC was necessary.

2. Indicting MCD for failing to seal the basement

On 4 August 2023, following a fire incident at a coaching institute in Mukherjee Nagar, the MCD issued a notice citing "misuse" of the property.

The report has criticised the MCD for failing to seal the basement after issuing a misuse notice and for omitting this in the show-cause notice. The MCD engineers allegedly misled the Deputy Commissioner about the misuse, indicating deliberate misconduct with malicious intent.

3. Faults of Fire Department

The Fire Department was also faulted for not reporting the basement misuse as a library to the MCD during a 1 July inspection.

Moreover, the Fire Department granted a fire safety certificate on 9 July 2024, despite the basement's misuse, which the report deemed a serious lapse by the inspection team.

4. Encroachment

The report also blamed MCD officials for encroaching on stormwater drains and neglecting desilting, noting that the area had not been desilted for five years despite being prone to waterlogging.

The Revenue Minister of Delhi ordered the magisterial probe, and a preliminary report was submitted on 29 July. The Central Bureau of Investigation has now taken over the investigation following a Delhi High Court order.

The investigation included statements from 15 individuals, including students and officials from various departments.

The report accused the MCD of evading responsibility and recommended a thorough inquiry by the MCD to identify those responsible and take stern action against them.