CHENNAI: The Madras High Court has upheld the action of the Chennai Metropolitan Development Authority (CMDA) and the Corporation in demanding an undertaking from registered architects with regard to structural sufficiency and structural safety in various forms, for issuance of planning permission and completion certificates, respectively.

The new stipulations follow the collapse of a 11-storey building in which 61 persons died and another 21 got injured in Moulivakkam on June 28 last.

The First Bench of Chief Justice S K Kaul and Justice M M Sundresh upheld the demand, while disposing of two PILs - one from W Anand and the other from the Indian Institute of Architects’ honorary secretary ( Chennai centre) Pradeep Kumar Varma recently.

Petitioners contended that the new stipulations were contrary to the National Building Code of India, 2005.

Disposing of the petitions, the Bench observed that there is no particular factual matrix before it in respect of which it can adjudicate on the dispute. The petitions arise more out of apprehension rather than facts. The apprehension thus is that, unfortunately if an incident of building collapse occurs, the architects would be saddled with responsibility, apart from other persons, despite their role being limited.

As a general proposition, the Bench said it is unable to accept the plea of constrained nature of an architect’s role. The Preface to the Conditions of Engagement and Scale of Charges itself would belie such a plea.