Dated : 12.05.2015 To, 1. Shri Pranav Mukherjee Honble President of India Rashtrapati Bhawan, New Delhi 2. Honble Chief Justice of India SUPREME COURT OF INDIA New Delhi

Sub: Petition praying to Compliance of Prof. Arya Committee Report (2004) and to follow provisions of Building Bye-Laws, Indian Standards prescribed by the

Bureau of Indian Standards, National Building Code of India, 2005 to protect buildings in Seismic Zone III, IV & V of earthquake prone areas of India which

have greater risk to buildings / structure due to soil conditions & the level of water table favorable for liquefaction or settlement under earthquake vibrations and ;

to take strict action against those officials of different State Governments who are responsible to non-compliance of committee report till date and

officials of Development Authorities & Municipal Corporations who allowed to builders to construct multistoried buildings on raft foundation

without strengthening foundations of buildings in earthquake prone areas and ;

to take strict action against those builders who have constructed multistoried buildings on raft foundation instead of without strengthening foundations of

high rise buildings in earthquake prone areas and;

request for compulsory registration of Geotechnical Engineers, Geotechnical Investigation Agencies and Geotechnical Laboratories and;

request for compulsory submission of Geotechnical Investigation Report and

details of type of foundation alongwith Building Plan for sanctioning building plan alongwith to check foundation work during construction by the officials of

Authorities and Municipal Corporations for more than 15 meter up to seven stories and morethan seven stories in Seismic Zone III, IV & V of Earthquake

prone areas and other important issues as mentioned in petition 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 and with the experience of current Nepal earthquake which have taken heavy toll on human life and property and expected earth quake in Seismic Zone III, IV & V of earthquake prone areas of India, I request you to please take necessary and immediate action to save people residing in Seismic Zone III, IV and V of earthquake prone areas. That the Applicant has taken a serious view of the fact that the Central Government, State Governments and Union Territories 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 Seismic Zone III, IV & V of earthquake prone areas of India 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. In this connection, applicant is submitting this representation alongwith details of RTI replies from various departments, codes, Prof. Arya Committee, Central Govt. and State Govts.

correspondence, various judgments of honble Supreme Court of India and High Courts of different states with the necessity of adequate safety measures for the public at large for your kind information and immediate action in the interest of nation and residents of India as a whole; MOST RESPECTFULLY SHOWETH: - 1.. That the petitioner is a citizen of India and is proprietor of Jain Engg. Technocrats having 28 years experience in the field of ground strengthening work and petitioner 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-ordinator (Delhi) of National Commission for Minority Educational Institutions, Govt. of India, New Delhi vide Registration Sr. No. 278 valid up to December, 2015. 2. That petitioner 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 26 May 2003 vide letter D.O. No. 31/2/2003-NDM-II, Shri N. Gopalaswami, honble Home Secretary of Govt. of India wrote to all Chief Secretaries (except Gujarat & Orissa) alongwith reference to his prior letter dated 18.12.2002 by recalling the need to bring about a shift in focus from post-disaster response to prevention, mitigation and preparedness. The Home Secretary mentioned at point no. 3 that ; The State Disaster Management Authority is the institutional arrangement envisaged for bringing about this holistic ownership of responsibility. The Authority can either be at the ministerial level with the Chief Minister as the Head and the Ministers for Water Resources, Agriculture, Health, Roads, Rural Development, Public Works, Public Health Engg., Finance Finance & Home as members or at the official level with the Chief Secretary as the Head and the Secretaries of these departments as members. The Authority then can look at the requirements for mitigation or preparedness in a holistic manner with all the relevant Departments being jointly responsible. 5. 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 alongwith 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. 6. 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 of that time BJP Govt. 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. 7. 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. 31/35/2003-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. 8. 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 had also prepared a detailed Structural Design Basis Report Format for ensuring the compliance of essential elements of various BIS Codes by the concerned professionals. The qualifications, duties, responsibilities and supervisory mechanism are detailed out in the report with relevant forms.

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. 9. 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. 10. 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. 11. 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 Laws 12. That the petitioner by the present representation 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 Seismic Zone III, IV & V of earthquake prone areas of India. The representation raises the following substantial question of law of Public importance and particularly of paramount importance to the residents of Seismic Zone III, IV & V of earthquake prone areas of India ;

QUESTIONS OF LAW :-

1. Whether Development Authorities, Municipal Corporations of all States and UTs are following 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 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.

2. Whether measures from post disaster response to prevention, mitigation and

preparedness have been adopted by the all State Governments and Union

Territories Administrations of India as suggested by Shri N. Gopalaswami,

honble Home Secretary of Govt. of India vide letter D.O. No. 1-18/2002-DM (I)

dated 18 December 2002 and D.O. No. 31/2/2003-NDM-II dated 26 May 2003 to

Chief Secretaries of all States.

3. Whether the registration of Geotechnical Consultancy Agency with required technical qualification is compulsory to conduct Geotechnical Investigation work as specified by the Indian Standards for important projects of Development Authorities, Municipal Corporations, Central & State Government Departments, Govt. of India enterprises and Engineering Consultants and high rise residential buildings.

4. Whether the registration of Geotechnical Testing Laboratory is compulsory to conduct various laboratory tests as specified by the Indian Standards on soil and water to check its properties for finalization of type of required foundation of structures / buildings.

5. Whether conducting of detailed field sub-soil / Geotechnical Investigation and laboratory tests on soil and water as per Indian Standards to determine subsoil strata and the safe bearing capacity of soil & water for design of building foundations in 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 is necessary requirement prior to construct high rise buildings in above noted zones.

6. Whether In natural hazard / earthquake prone areas identified under the land use zoning regulations, structures buildings and installations which cannot be avoided, protective measures for such construction/ development should be properly safeguarded and Buildings and structures could be founded on deep bearing piles going to non-liquefiable dense layers If the site is found to be liable to liquefaction by the Competent Authority under the earthquake intensity of the area.

7. Whether submission of Geotechnical Investigation report alongwith type of foundation to be constructed for seven meter or more than seven meter high rise buildings in seismic zone III, IV & V are necessary to submit to the competent authorities to get building plan sanction

8. Whether Competent Authority should check and approve type of foundation constructed as per sanctioned building plan before to start building construction in seismic zone III, IV & V.

9. Whether as per D.O. letter No. 31-1/2004-NDM-III dated 13.09.2004 of the National Disaster Management Division of Ministry of Home Affairs , all States and Union Territories have constituted a committee under the chairmanship of Dev. Commissioner / Addl. Chief Secretary with Secretary - Disaster Management, Secretary Urban Development, Chief Town Planning Officer and Engineer-in-Chief as members to go through the recommendations made by the Prof. Arya Committee Report dated 1st July 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 and adapt them to requirement of the state within six months of the D.O. letter date or till date.

10. Whether all States / Union Territories have incorporated provisions as suggested

by the Prof. Arya Committee Report in Zoning Regulations and building Bye-Laws

for hazard 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 all principal secretaries (UD) of all States / UTs till date.

11. Whether any action is applicable against those Govt. Officials of Development

Authorities and Municipal Corporations 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 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.

12. Whether any action is applicable against those persons who are working as

Geotechnical Consultants as proprietor / partnership firm / Pvt. Ltd. company

without having any degree in Geotechnical Engineering even in Civil Engineering

and Soil testing laboratory and issuing field reports at minimum charges to

builders of builders choice to construct high rise buildings on raft foundations to

save time and money instead of pile foundations taken to depths well into the

layer which is not likely to liquefy in Seismic Zone III, IV & V of Earthquake prone

areas on the account of life of innocent buyers of flats in these building

13. Whether after the recent earth quake in Nepal and some parts of India, the Govt. of India, State Governments and Union Territories have issued directions to the Development Authorities and Municipal Corporations to check the stability of foundations and construction of those high rise buildings of more then 15 meter in height and up to seven stories and more than seven stories which are already constructed or construction work in progress and situated in Seismic Zone III, IV & V of Earthquake prone areas in the interest of life of public at large. 14.. Whether 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 and no jettisoning is permissible. 15. Whether appointment of a Geotechnical Engineer is a necessary requirement in every Development Authority and Municipal Corporation to check the important Geotechnical & Foundation activities before starting the construction of high rise buildings in seismic zones III, IV & V. 16. Whether there is an urgent requirement to appoint an expert committee of experienced and qualified Geotechnical, Structural, Civil Engineers and other public representatives to check the construction activities in seismic zones III, IV & V instead of Govt. officials and politicians who do not have any technical experience in construction field and are already busy in other routine works. 17. Whether Govt. of India and State Governments publish any advertisement / material to educate buyers of costly flats in high rise buildings relating to building by-laws, National Building Codes and Indian Standards for safe foundation and structure etc. for seismic zones of Earthquake prone areas. 18. Whether as per recommendation no. xiv of Shri N. Gopalaswami, honble Home Secretary, Govt. of India vide letter D.O. No. 1-18/2002-DM (I) to all Chief Secretaries of States and UTs for inclusion of basic disaster related material in the text books for classes 8th, 9th & 10th the basic dos and donts / precaution to be taken have been included by the CBSE and Secondary Boards of Education of States. 13. 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 urbanisation, 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). The utilization of unsuitable areas for construction, without necessary safeguards further enhances vulnerability and needs to be guarded against through appropriate compliance mechanisms. 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. 14. 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. 39-22/2014-DM-III (RTI) / 1525-1526 that :-

Ans. 1) the copy of Prof. Arya Committee report alongwith 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.

Ans. 5) No record is available for the states / UTs (other than mentioned at S. No. 4) who have not constituted the committee and action thereon. In this connection, I want to inform you that National Disaster Management Division had instructed to the all Chief Secretaries of all states / UTs of India vide D.O. letter No. 31-1/2004-NDM-III dated 13.09.2004 to setup a committee to go through the recommendations made in the

report and adapt them to requirement of the state within six months but only nine states have constituted committee till date and no action against balance states has been taken by the National Disaster Management Devision till date. 15. 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 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 4) B1.8:- REGISTERED GEO-TECHNICAL AGENCY (RGA) ;- For foundation work, where required as per Regulation services of a Geo-technical Agency on Record (at Page No. 72) ; (A) The requirements for registration shall be: i)... Owner of a proprietary firm shall be M.E. (or equivalent) in Geo-technical Engineering with minimum 10 years of Experience ii)... Fifty per cent partners of a partnership firm shall have educational Qualifications as in (i) but a minimum 5 years experience. (iii)... A designated officer of a limited company shall have qualifications as (iv)... The experience as stated above shall be under one or more Geo-technical Agency on Record. Such agencies established within or outside the area of jurisdiction of the competent authority shall be of minimum ten years of standing. (v)... The agency has a Registered Laboratory. Any individual possessing qualifications as in (i) and hiring services of either GAR or Registered Testing Laboratory shall also be eligible for registration. (B) The registration shall be renewed every three years. (C) The registration may be cancelled for unprofessional conduct permanently or for a specified period. 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. 6) B 3.6 GEO-TECHNICAL AGENCY ON RECORD (GAR):- All buildings described in Table-1 shall have, for foundation work, services of a Geo-

technical Agency on Record. Duties and Responsibilities (at page No. 78) : a).. To carry out soil investigation at proposed locations as per specifications of Structural Engineer on Record (SER) of Structural Design Agency on Record (b) To recommend various type foundation for proposed structure and loading with supporting calculations. (c) To enable SER or SDAR to take site decision in case strata different than soil investigation report is met with. 16. 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.

17. 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. 18. NATURAL HAZARD / EARTHQUAKE PRONE AREAS:- Areas likely to have moderate to high intensity of earthquake, or cyclonic storm, or significant flood flow or inundation, or land slides/mud flows/avalanches, or one or more of these hazards. Moderate to very high damage risk zones of earthquakes are as shown in Seismic Zones III, IV and V specified in IS: 1893

As per IS 1893 (Part 1) : 2002, Zone Factors for some following important Towns / City :

Zone III ZONE IV ZONE V_____ Agra Panjim Almora Bhuj Ahmedabad Patiala Ambala Darbhanga Asansol Pune Amritsar Guwahati Bareilly Rajkot Bahraich Imphal Belgaum Salem Barauni Jorhat Bhatinda Solapur Bulandshahr Kohima Bhubaneswar Surat Chandigarh Mandi Bijapur Tarapur Darjeeling Sadiya Bikaner Thane Dehradun Srinagar

Bokaro Thiruvanathapuram Delhi Tezpur Burdwan Tiruvennamalai Gangtok Calicut Vadodara Gorakhpur Chennai Varanasi Ludhiana Coimbatore Vellore Monghyr Cuddalore Vijaywada Moradabad Cuttack Nainital Dharwad Patna Dharampuri Pilibhit Durgapur, Goa Roorkee Gaya, Jabalpur Shimla Kakrapara, Kalapakkam Kanchipura, Kanpur, Karwar Kolkata, Lucknow, Mangalore Mumbai, Nasik, Nellore Osmanabad That Magnitude shown for following important city in Map of India and Surrounding Showing Epicenters in IS 1893 (Part 1) : 2002 at Annex-A at page no. 29 :- MAGNITUDE 6.5 to < 7 7 to < 7.5 7.5 to < 8______________ Dehradun Bhuj

Delhi & NCR Guwahati Shimla Itnanagar Srinagar Imphal, Kohima, Shilong 19. Liquefaction : Liquefaction is a state in saturated cohesionless soil wherein the effective shear strength is reduced to negligible value for all engineering purpose due to pore pressure caused by vibrations during an earthquake when they approach the total confining pressure. In this condition the soil tends to behave like a fluid mass. 20. 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. That experience in past earthquakes has demonstrated that Earthquakes are one of the natures greatest hazards on our planet which have taken heavy toll on human life and property since ancient times. The sudden and unexpected nature of the earthquake event makes it even worse on psychological level and shakes the moral of the people. Man looks upon the mother earth for safety and stability under his feet and when it itself trembles, the shock he receives is indeed unnerving. The vast extent of damage and the consequent loss of life associated with these events

reflect the poor construction practice in India. Before the 2001 Bhuj earthquake, constructions

with poor seismic resistance were assumed to be a feature of non-urban areas, with urban

structures considered safer due to the use of engineering knowledge and modern construction

materials. However, this earthquake shattered the myth of urban seismic safety through

widespread damage to modern buildings.

The low awareness among the general public towards structural safety and the inability

of regulatory bodies and technical professionals in maintaining quality standards in

constructions has created an urgent need to educate the leaders, public, city planners,

architects and the engineering professional about the consequences of earthquakes.

21. That in the country with 1,040 active faults covering 57% of land mass making it more

prone to earthquakes, there is always a possibility that a severe earthquake in highly seismic

zones might affect the performance of any structure.

Studies of earthquake damage show that some types of construction tend to be more

vulnerable than others. The form of construction of the main vertical load-bearing elements is

one of the main determinants of vulnerability of a building. This is mainly due to faulty

construction practices which do not follow earthquake resistant features complying with Code

practices. This has created an alarming situation, where large number of earthquake unsafe

building stock is added each year to the already huge number of existing unsafe buildings.

The Extent of damage to a building during an earthquake, depends not only on

the magnitude of the earthquake but also on the soil, building configuration, quality of

design and construction. Therefore seismic evaluation of structures especially in severe

most zones is necessary.

22. That during the 2001 Bhuj earthquake, RC buildings collapsed due to an earthquake of

just 6 on the Richter scale, when a well-designed RC building should be able to withstand an

earthquake of up to 7.5 on the Richter scale. The damage caused to these buildings is

unreasonably high compared to any other country for similar level of ground-shaking. Thus, the

housing risk in the country should be minimized to reduce losses to life and property in future

earthquakes.

Regulations require urban local bodies to check conformity of high rise buildings /

structures with the approved drawings alongwith strong foundation while granting completion

and occupancy certificates, especially in seismic zones III, IV and V. The National Building Code

2005 states that non-compliance with the sanctioned drawings should invite suspension of

further construction till the required changes are put in place, and demolition of illegal portions.

Urban local bodies claim that inspections usually cannot be carried out because they are severely

short of humanpower.

23. That 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.

24. 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. 25. 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. 26. That in WP No. 14807 of 1997 and Batch (Emerald Apartments Owners' Association v. Government of Andhra Pradesh), Hon'ble Sri Justice B.S.A. Swamy has considered this aspect of the matter. The Experts Committee appointed by the Government in G.O. Ms. No. 567, dated 12.7.1999 also considered this aspect of the matter and made recommendations. These need to be strictly adhered to at pre-application (for building permission) as well as post-permission stage. This is a good beginning and we can leave it at that with a hope that the letter and spirit of these guidelines would inform decisions of all authorities. 27. 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 alongwith 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.

28. That as per RTI reply dated 25.11.2014, the Disaster Management Division of Ministry of

Home Affairs (mentioned at point no. 12 of this representation) informed that NCT of Delhi has

constituted committee to incorporate amendments proposed in Prof. Arya Committee report

alongwith a copy of letter dated 25.10.2006 of Addl. District Magistrate (HQ), Govt. of NCT of

Delhi and in this letter, the ADM (HQ) informed to the 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..

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.

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 East Delhi Municipal Corporation is sanctioning building plans without checking

structural drawings or soil investigation report or details of foundation at the time of

sanction of building as information provided by the EDMC under RTI reply as mentioned at

point no. 13 & 14 of this representation.

29. That in Andhra High Court Vs. Advocate General vs State Of A.P., Equivalent citations:

2004 (1) ALD 708, 2004 (2) ALT 460, the honble Court observed ;

Law of Building Permissions:

15. Any Municipal Administration Law or law of local authority is essentially intended to

facilitate practice of principles of democracy to the gross-roots and involvement of the people in

healthy and planned development of urban locality, be it a town or city. There are adequate

provisions in the Municipalities Act and HMC Act to deal with this. Besides, the Rules and Bye-

Laws have been framed under these Acts which deal with the procedure for obtaining building

permission, the inspection to be made by the authorities, method and manner of constructing

and prerequisites like soil testing, structural testing before granting permission.

These Bye-Laws have been held by many Courts to be of mandatory nature.

Everybody admits that if these Bye-Laws are strictly adhered to, the damage to social and

economic interest of the people can be avoided. The experts are unanimous that the authorities

follow Building Rules and Bye-Laws more in breach notwithstanding the fact that these Bye-Laws

are inflexible Regulations and have to be strictly adhered to.

30. 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.

31. 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. 32. 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 or 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. 33. That in the matter of SHANTHA v. COMMISSIONER OF THE CORPORATION OF THE CITY

OF BANGALORE: the honble Supreme court Bench upheld the locus standi of the neighbors to

challenge the building license granted contrary to the Zonal regulations. The Court held at page

1043;

"The Corporation authorities who are the trustees of the public interest must strictly

observe the norms and conditions of the Development Plan. The authorities owe a duty to Rate

Payers to protect the interest of the public, while administering the Planning law. They cannot

afford to ignore the social responsibilities underlining the Planning law. They shall not favour an

individual at the cost of the general public, and to the detriment of their interest. They shall

never issue licence to construct building contrary to the Zoning Regulations.

If they give licence to construct a building contrary to the permitted land use or

contrary to the prevailing zoning regulations, they should be held responsible for their lapses.

Indeed, they are accountable to the public when they act against the interest of the public. In

such cases, when the Rate Payers approaches the Court complaining about the misuse or abuse

of powers, by public authorities, the court cannot drive them away on technical grounds. It

would be the duty of the courts to enforce the rule of law, enacted for the benefit of the public.

It would be the duty of the courts to protect the rate payers' interest preserved under

the Planning law."

34. 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-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} 35. 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, 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. 36. Ghaziabad (Uttar Pradesh) and its Seismic Background :-

Geologically, Ghaziabad forms a part of the Indo-Gangetic alluvium. Soil is characterized mainly by silty sand and loamy soils. Geotechnical investigations indicate that there is no hard rock till 25 m below ground level. As per the seismic zoning map of India, Ghaziabad falls in sever intensity zone (Zone IV) but there are a lot of high rise buildings have already been constructed and further construction are in progress on raft foundations in Vaishali, Raj Nagar Extension and other places without considering seismic zone factors for requirement of strong foundation in slity sand and loamy soils strata of Hindon River which have soil conditions and the level of water table favorable for liquefaction or settlements under earthquake vibrations has greater risk to buildings / structures. 37. That If an active fault trace is identified by the Geological Survey of India, a structure for human occupancy should not be placed over the fault trace and must be set back by a minimum of 15 meter on either side of fault trace. 38. 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 (Part 1) : 2002. 39. GEOTECHNICAL INVESTIGATION / SOIL INVESTIGATION :- In true engineering terms, the

understanding of Geotechnical Engineering as it is known today began early in the 18th century

(Skempton, 1985).

"Geotechnical Engineering is the art of molding materials we do not wholly understand -

into shapes we cannot precisely analyze - so as to withstand forces we cannot really

assess - in such a way that the community-at-large has no reason to suspect the extent

of our ignorance."

The publication of Erdbaumechanik auf Bodenphysikalisher Grundlage by Karl

Terzaghi in 1925 gave birth to a new era in the development of soil mechanics. Karl Terzaghi is

known as the father of modern soil mechanics. The first conference of the International Society of

Soil Mechanics and Foundation Engineering (ISSMFE) was held at Harvard University in 1936 with

Karl Terzaghi presiding. The conference was possible due to the conviction and efforts of

Professor Arthur Casagrande of Harvard University. About 200 individuals representing 21

countries attended this conference.

In 1939, Terzaghi delivered the 45th James Forrest Lecture at the Institution of Civil

Engineers, London. His lecture was entitled Soil MechanicsA New Chapter in Engineering

Science. In it, he proclaimed that most of the foundation failures that occurred were no longer

acts of God.

In 1997, the ISSMFE was changed to ISSMGE (International Society of Soil

Mechanics and Geotechnical Engineering) to reflect its true scope.

The designing of any structure begins with the assessment of the loads from the

superstructure and the adequacy of the foundation strata to bear the superimposed loads.

Soils are products of nature that have been subjected to a variety of natural

processes over space and time. Thus, an appropriate site investigation based on sound technical

judgement is necessary to determine the nature of the soils at a proposed site for design and

construction.

Soil investigation is an important part of the design process, it is thus of utmost

importance to evolve and acceptable practice for planning of soil investigation and appropriate

recommendation for foundation. Also before designing foundation of the structure every soil

investigation report should be examined at an appropriate level before acceptance of the

recommendation regarding the type of foundation and the allowable bearing pressure.

40. That as per the West Bengal Municipal (Building) Rules, 2007 vide NOTIFICATION No.

67/MA/O/C-4/3R-8/2002 Kolkata, the 14th day of February, 2007 ;

(33) "Geo-technical Engineer" shall mean a person who having a minimum bachelors degree in

civil or construction engineering from a recognized university, institute or an equivalent

engineering qualification recognized by the Government and having not less than five years'

experience in soil investigation work and formulation of basis for design and construction of

different types of foundation;

41. That in the matter of ALAKNANDA HYDRO POWER Vs ANUJ JOSHI (C.A. NO. 6736 OF

2013): the honble Supreme Court of India has directed that ;

14. Conclusion The idea of construction of a 30km power channel in lieu of existing dam cannot be accepted at this stage on account of;

(i) Geological and Geotechnical Investigations not done,

42. That in Municipal Corporation of Greater Mumbai Vs Kohinoor CTNL Infrastructure

Company (C. A. NO.11150 OF 2013), the honble Supreme Court of India mentioned ;

55. (i) It has been pointed out on behalf of the Municipal Corporation that subsequent

to a PIL in the Bombay High Court in the case of Tardeo Haji Ali Residents Welfare Association,

the State Government has constituted a Technical Committee for High-Rise Buildings. As per

the note submitted by the learned Senior Counsel for the Municipal Corporation, the terms of

reference of the committee are as follows:-

b) Structural and Geotechnical Points:-

(1) Soil Report indicating soil strata, depth of the hard rock, etc.

(2) Type of foundation i.e. pile foundation or raft foundation or open foundation.

43. That in RE. Versus Construction Of Park At Noida Near Okhla Bird Sanctuary Anand Arya

& Others in the honble Supreme Court of India, the honble mentioned ;

1. At point No. 44.12.8b.IV :- As per order of the MINISTRY OF ENVIRONMENT AND FORESTS Notification New Delhi, the 14th September, 2006 S.O. 1533(E), the following projects or activities shall require prior environmental clearance from the concerned regulatory authority, which shall hereinafter referred to be as the Central Government in the Ministry of Environment and Forests for matters falling under Category `A' in the Schedule and at State level the State Environment Impact Assessment Authority (SEIAA) for matters falling under Category `B' in the said Schedule, before any construction work; At sub point no. 44.12.8b.IV.II : Specific Condition :-

1.4 Pre-construction investigations e.g. bore houses, soil testing?

2. At point no. 48:- the honble Counrt mentioned that Mr. Jayant Bhushan,

submitted that though the area of covered construction in the project was only 6999.50 square

metres, the project by its very nature provided facilities open to the sky and in that case, the

whole of the activity area would constitute the built-up area. He then referred to the definition of

activity [that includes ;

(iv) pre-construction investigations e.g. bore houses, soil testing?.

44. That S.E. (Design) II, Delhi Development Authority informed under RTI reply dated

18.07.2014 vide letter no. F21/SE(D)II/Misc/Tech/CDO/Pt. File that ;

The requisite application performa with eligibility criteria for registration /

empanelment of Geo-technical investigation consultant / soil consultant in DDA is as

follows ;

1. Individual :- M.Tech (Soil Mech & Foundation Engg.) with own Lab

2. Partnership Firm :- All partners should be BE/B.Tech (Civil) and one partner should

be M.Tech (Soil Mech & Foundation Engg.) with own Lab

3. Pvt. Ltd. Firm :- i) The firm should be registered with concerned authority

ii) at least one director / subscriber of the firm should be M.Tech

(Soil Mechnics & Foundation Engg.) and one more director / subscriber should be

B.Tech (Civil). The firm should have at least two years experience in the field of

soil testing and also having its own lab.

45. That following Departments / Ministry / Authority are registering Geotechnical Consultants

to execute Geotechnical Investigation projects ;

1. Ministry of Road Transport & Highways, New Delhi vide letter no. RW-NH/34065 /5/2014 S&R(B) dated 14.07.2014 informed that details are on web site.

2. Punjab Urban Planning & Development Authority, SAS Nagar vide letter no. 2845 dated 11.06.2014

3. National Highways Authority of India, New Delhi vide letter no. 11041/131/2014-

Admn/RTI/6806 dated 18.07.2014 ;

it is stated that as per the Contract Agreement, DPR Consultants takes care all type of Soil Investigation required for the project.

4. Military Engineering Services, HQ of MOD (Army), Delhi vide letter No. 93348/Misc/Consult/271/E2 Des-1 dated 07.10.2014 ;

For registration / enlistment as Geotech Consultant any firm has to apply as per provisions laid down in SOP for enlistment of Engineering Consultants for MES as available on Website www.mes.gov.in 46. That Hindustan Petroleum Corp Ltd., Mumbai vide letter no. RTI/ SKR-SMF dated 13.06.2014 informed there is not any procedure of registration of Geotechnical Consultants in HPCL but enlisted Geotechnical Consultants for their big & important projects and refused to provide details of enlisted consultants with following comments ; the information sought by you cannot be disclosed as per exemption clause of RTI 47. That NTPC Ltd., New Delhi vide letter no. 01:CP:RTI-6410/2014 dated 23.06.2014 informed that NTPC enlists agencies for conducting Geotechnical work and issues NIA but refused to disclose the procedure of registration and name & addresses of the consultants with following comment ; 4. the details of agencies enlisted for Geotechnical Investigation cannot be furnished as it is for specific use for tendering for NTPC projects only. 48. That in reply of following questions under RTI reply ;

1. Please provide the details of necessary registration certificates / documents etc. which are required to get registration as a Geotechnical investigation Consultant. 3.. If there is no procedure of registration of Geotechnical Investigation contractor please provide the name of Govt. Department / Authority from where these companies should be registered to issue soil investigation report for recommendation of type of foundations the following various Govt. Departments of Central & State / Municipal Corporations / Development Authorities of different States of India have replied that ;

1. Public Works Division, Head Quarter, New Delhi vide letter No. 2197 dated 10/06/2014 ; There is no such category for Enlistment / Registration in CPWD / PWD

2. Central Public Works Division, Head Quarter, New Delhi vide letter No. 572 dated 29.05.2014 ;

There is no such provision for registration of Geotechnical Investigation and Pile Foundation

3. Indian Oil Corporation Ltd., Head Office, Mumbai vide letter No. 6264 dated 18.6.2014 ; We are not carrying out registration for Geotechnical Investigation Consultant with this office.

4. Indian Oil Corporation Ltd., Northern Region, New Delhi vide letter No. 298 dated 26.05.2014 ;

Since the subject is not dealt by this office and we are aware of the Public Authority.

5. Oil And Natural Gas Corporation Ltd, New Delhi vide letter No. ONGC/DPI/139-05/BB/2014 dated 20.06.2014 ;

ONGC does not register any Geotechnical Investigation Consultant and Pile Contractor

6. Power Grid Corporation of India Ltd., Gurgaon vide letter No. CP/RTI/2014/49 dated 23.06.2014 ;

Power Grid, Corporate Centre has not registered for Geotechnical Investigation and Pile Foundation Contractors. When we required such type of job, in that condition we offer bid.

7. Engineers India Ltd., Head Office, New Delhi vide letter No. 8575-RTI-75-41-LET-287-2014 dated 23.06.2014 ;

EIL does not Enlist Geotechnical Investigation Consultant.

8. Northern Railway, Head Quarters Office, New Delhi vide letter No. 10-W/O/Misc/ Policy /RTI/Act/APIO/ Engg. Genl. dated 26.06.2014 ;

There is no such list of registration of Geotechnical Consultant in this Railway.

9. National Projects Constructions Corp. LTd., Central Office, Faridabad vide letter no. 500160/RTI Act-05/1495/4502 dated 11.07.2014 ;

No. 1) There is no such document available for registration of Geo-technical Consultant. No. 2) NPCC select architectural / Engg. Consultants through open tendering and Geo- technical investigation is the part of scope of Arch./Engg. Consultant.

10. Engineering Projects (India) Ltd. Corporate Office, New Delhi vide letter No. PIO/RTI/ 159/ 12 dated 14.07.2014 ;

There is no separate registration for Soil Investigation Consultant & Pile Foundation Contractor with EPI. Such Jobs or along with other works are awarded need based on case to case basis by inviting tenders. 11. Hindustan Petroleum Corp Ltd., Mumbai vide letter No. RTI/ SKR-SMF dated 13.06.2014 ; There is no separate procedure for registration as a Geotechnical Investigation Consultant with HPCL. 12.. Delhi Metro Rail Corporation Ltd., New Delhi vide letter 2013/DMRC/CC/RTI/3687

dated 22.07.2014 ; The construction work of DMRC is being carried out by the construction agencies and the work of Geotechnical Investigation and Pile Foundation is included in their work contracts. No separate consultants are registered for this job.

13. Ministry of Housing & Urban Poverty Alleviation, New Delhi vide letter No. 0 17035/8/2013-H, FTS-8219 dated 18.06.2014 ;

MOHUPA does not approve / register Technical Consultants for Sub-Soil Investigations.

14. U.P. Power Transmission Corp Ltd., Lucknow vide letter No. 7158 C.E./Trans.- II/RTI dated 10.11.2014 ;

1. No registration required.

3. Geotechnical Investigation work got done by either turnkey agencies / contractors.

15. Mumbai Metropolitan Region Dev Authority vide letter ED/MMRDA/RTI/SKJ/14/113

dated 02.06.2014 ; MMRDA does not have its own registration system for the consultants and contractors. 16. RITES Limited, Gurgaon vide letter No. RITES/PR/RTI/2029/2014-15/120 dated

03.06.2014 ; There is no such type of arrangement / criteria for registration of consultant in Geotech SBU of RITES. However for conducting Geotechnical Investigations, RITES engage the agencies through open tendering process in which certain qualifying criteria are asked from bidder which are audited accounts, Completion Certificates of similar nature of works (issued by Govt. Departments / PSU / Govt. Undertakings etc. only).

17. Telecommunications Consultants India Ltd., New Delhi vide letter No. TCIL/052/601 /296/14-CPIO dated 13.06.2014 ;

TCIL does not conduct any registration as a Geotechnical Investigation Consultant & Pile Foundation Contractor. 18. Greater Cochin Dev Authority, Cochin vide letter no. 3762/IO/2014/GCDA dated 09.06.2014 ; it is informed that GCDA does not execute registration of Geotechnical Consultancy.

19. IRCON International Ltd., New Delhi vide letter no. IRCON/PIO/CO/RTI/05/478/ 2387 dated 09.06.2014 ;

There is no physical procedure of registration of a Consultant and Contractor in IRCON. 20. National Buildings Construction Corp Ltd., New Delhi vide letter no. NBCC/RTI/

1974/ 2014/635 dated 06.06.2014 ; It is intimate that this Public Authority does not register Geotechnical Consultants / Pile Foundation Contractors. 21. East Delhi Municipal Corp, HQ, Delhi vide letter no. PIO/EE(B)HQ/EDMC/2014-

15/D-31 dated 13.06.2014 ; The building (HQ) is not dealing with Soil Investigation / foundation testing registration of agencies for such purpose. 22. Town and Country Planning Org. of Ministry of Urban Development vide letter

no. 48-2014/coord/TCPO dated 30/05/2014 ; Town and Country Planning Org does not deal with the approval of any building plans/design etc. The information sought differs from town to town, State to State.

23. Ahmedabad Urban Dev. Authority vide letter No. 5503 dated 09.06.2014 ; Information asked is not based on record available 24. Bharat Heavy Electricals Ltd., New Delhi vide CPIO letter No. AA/CPIO/RTI/2014- 15 dated 21.06.2014 ; BHEL PS/Project Engineering Management located at Noida does not register Geotechnical Consultants 24a. Bharat Heavy Electricals Ltd., New Delhi vide Appellate Committee letter no. 947/15/07/2014 dated 24.09.2014 ; On seeking comments from the CPIO it has been informed that in addition to what has been stated in the reply, since the particular package is not required by PEM or CMM, there is no explicit registration procedure for the same. 25. Ghaziabad Development Authority vide letter no. 366/ Zone-1 dated 23.08.2014

1. GDA, Ghaziabad (UP) registers contractors for civil works. No company / society is registered for Geotechnical Consultants for soils and pile foundation.

2. There is no procedure to register Geotechnical Investigation Consultant and

pile foundation contractor in GDA. As per requirement GDA takes advice from expert company / society of this field.

26. Uttar Pradesh Jal Nigam, Lucknow vide letter no. 1437 dated 19.06.2014 provided regulations book for classification and enlistment of contractors in Uttar Pradesh Jal Nigam but there is no procedure has been mentioned for enlistment of Geotechnical Consultants in this book. 27. Housing Urban Development Authority, O/o the Superintending Engineer, Circle No.-I, Gurgaon (Haryana) vide letter no. 12153 dated 11.07.2014 ; this office is not party to any process involving the registration of Geotechnical Consultants. 27a. Housing Urban Development Authority, O/o the Superintending Engineer, Circle No. -II, Gurgaon (Haryana) vide letter no. 9039 dated 11.07.2014 ; No such document found in the record available in this office. 27b. Housing Urban Development Authority, Senior Town Planner, Gurgaon vide letter no. 448 dated 18.07.2014 ; it is intimated that information sought in the application received vide letter reference, does not relate to this office. 27c. Housing Urban Development Authority, Rewari vide letter no. 104 dated 05.01.2015 ; Point no. 1: Point does not relate to this office. 28. GAIL (Inida) LTd., New Delhi vide appellate authority order no. 469 (3091) / 2014 dated 18.06.2014 ;

As reported by Corporate RTI Cell, all efforts were made to get the desired information from different departments of GAIL. However, as per comments received from various process owners, the desired information is not available. 29. Greater Noida Industrial Dev. Authority vide letter No. 1136 dated 14.11.2014 ; GNIDA