Compliance of Prof. Arya Committee Report and provisions of Building Bye-Laws in Delhi State

7/25/2019 Compliance of Prof. Arya Committee Report and provisions of Building Bye-Laws in Delhi State

1/23

Dated: 6th June 2015

To,

Shri Arvind Kejriwal ji

Honble Chief Minister of Delhi

Govt. of Delhi

3rd Level, AWing,Delhi Secretariat, I.P. Estate, New Delhi110002

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 high-rise 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 hasbeen 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 25.10.2006had 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, CommissionerMCD, VCDDA, 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.


2/23

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, Delhi110031Mob#:9312278313, 8800001532

E-mail: [email protected]

Encl: Representation dated 06.06.2015

C.c :- 1. HOME SECRETARY, DISASTER MANAGEMENT DIVISION, MHA

Room No. 113, NORTH BLOCK, Central Secretariat, New Delhi110001

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


3/23

Dated: 06.06.2015

To,

Shri Arvind Kejriwal ji

Honble Chief Minister of Delhi

Govt. of Delhi

3rd

Level, AWing,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 MunicipalCorporations 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 safeconstruction 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, SecretaryUrban 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 ;


4/23

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

reportalongwith 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 theexpert committee under the direction of Prof. Arya on 14.02.2006 at NIDM was

sent to the LG, CM, CS, PS-Home, PS-UD, CommissionerMCD, VCDDA, 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 33and prayer at

point no. 34seek 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 residentsof 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. ADCPJ2111Land 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.


5/23

3. That on dated 18 December 2002 vide letter D.O. No. 1-18/2002-DM (I), Shri N.

Gopalaswami, HonbleHome Secretary of Govt. of Indiahad 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 IVand 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, theHonbleDeputy

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 HonbleDy Prime Ministermentioned;

In particular, I recommend change of focus and responsibilities of your departmentof 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 Ministryhad 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 onseismic 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 Affairshad constituted a Committee of

experts under the Chairmanship of Prof. Arya (Seismic Advisor) vide order no. 31/35/2003-

NDM-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.


6/23

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 statewithin

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 leveland 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 Indiaby 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 incorporatedin 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-Imay include defence installation, industries, utilities and lifeline

structures like hospitals, airports, railway station;

Priority-IImay include institutional buildings, Government offices andresidential

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 AnnexII}


7/23

11. That as per NATIONAL POLICY ON DISASTER MANAGEMENT2009, issued bythe

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 alsoput 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 enforcementby 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.


8/23

12. That Shri Sanjay Agarwal, DirectorDisaster Management Division of Ministry of Home

Affairs provided following information under RTI reply dated 25.11.2014 vide letter No. 39-

22/2014-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 Delhihave 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

FORSAFETY 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.


9/23

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 theCompetent 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

TABLE1PROOF CHECKING REQUIREMENTS FOR STRUCTURAL DESIGN

S.No. Type of Structure Submission from SER or SDAR to be Proof checked

1. Load bearing buildings Structural Design Basis Report* Not to be checked

up to 3 Stories

2.. Buildings up to seven SDBR* To be Checked

stories Preliminary Design To be Checked

3.. Buildings Greater than SDBR* To be Checked

Seven Stories Preliminary Design To be Checked

Detailed Structural Design and To be Checked

Structural Drawings

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 prescribedformat to the Competent Authority.

15. That Initiatives taken by the National Disaster Management Division of Ministry of

Home Affairsfor 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;


10/23

(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 threemutually 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 horizontalmembers 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.


11/23

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 ofstructural 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 Corporationinformed 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 andthis 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 Corporationprovided a copy of Gazette Notification No.

177with 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


12/23

*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.

AnnexureA : List of Indian Standards / Guidelines for Hazard safety for

earthquake protection

AnnexureB (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 IIIof

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 BuildingAny 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


13/23

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 magnitudeup to 6.2 have been reported in Delhi and nearby regions.


14/23

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 identifiedby 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-Delhi-

Sohna 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 multi-

disciplinary 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, generatenew inputs, integrate multi thematic data and1stlevel Seismic Hazard Microzonation map

of NCT of Delhiin 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 Riverand North-West, West, SouthWest

and some part of South & New Delhi comes under Moderate Hazard.


15/23

27. That the Geological Survey of India, Northern Region, Lucknowreplied 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 provisionsand buildings (5th revision) IS 1893 (Part 1) : 2002

Q.2. Whether those areas, which are under seismic zones III, IV & V of earthquakeprone 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 hazardzones 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 (Part-

1) : 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 earthquake-

induced liquefaction. Hence, structures located especially on these areas that are not


16/23

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 atNoida, 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 thesafety 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 HonbleSupreme

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 HonbleSupreme Court held that;

"We are also of the view that the tendency of raising unlawful constructionsand

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 HonbleSupreme Court held;

19.

We are however deeply concerned with the safety and

security of the

people of this country, its environment, its floraand fauna, its marine life,

ecology, bio-diversity and so onwhich the policy makers cannot be on the guise

of nationalpolicy, mutilate or rob of, in such an event the courts can unveil

the mask and find out the truth for the safety, security andwelfare 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 LeakDisaster (Processing of Claims) Act, 1985, While discussing the concept

of parens patriae, the learned Chief Justice observed that the conception of


17/23

the parens patriae theory is the obligation of the State to protect and it

takes into custody the rights and the privileges of its citizensfordischarging its obligation. While dealing with the said concept, it has

been opined that the maxim salus populi suprema lexregard for publicwelfare - 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 republicaesupreme lex, i.e., safety of the State is the supreme lawand in case of

any conflict, an individual must yield to the collective interest. But, itshould 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 thepeople.

In State of Karnataka and others v. Dr. Praveen Bhai Thogadia, (2004) 4SCC 684, Welfare of the people is the ultimate goal of all laws, and

State action and above all the Constitution.They have one commonobject, that is to promotethe 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), theHonble 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 Presidentand 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 DelhiGovernment 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 pleasedto;

1. issue an order or direction to the all Municipal Corporations, Public Works


18/23

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 Bye-

Laws, 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 forsanctioning 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 checkingbuilding plans as par Building Bye-Laws, Indian Standards prescribed by the

Bureau of Indian Standards and National Building Code of India, 2005, speciallymade 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, Delhi110031

Mob#:9312278313, 8800001532

E-mail: [email protected]

[email protected]

Encl : As stated above


19/23

Annex - I


20/23

AnnexII


21/23


22/23


23/23

AnnexIII

Date post:	13-Apr-2018
Category:	Documents
Upload:	sanjay-jain
View:	225 times
Download:	0 times

Compliance of Prof. Arya Committee Report and provisions of Building Bye-Laws in Delhi State

Documents