With Lift Act in limbo, Noida apartment owners write to DM, seeking appointment of nodal officer | Real Estate News

In Noida, a bustling hub of high-rise buildings and rapid urbanization, elevators are a crucial part of daily life for thousands of residents. However, recent incidents have revealed a growing danger within these vertical transportation systems. From terrifying free falls to deadly failures, elevator accidents in Noida are on the rise, turning what should be a routine aspect of modern life into a source of anxiety and fear.

In response to a spate of elevator accidents in high-rise buildings in Noida and Greater Noida, the Uttar Pradesh government introduced the Elevators Act. Though the Act was passed in February 2024, it is yet to be fully implemented. The Noida Federation of Apartment Owners Associations (NOFAA) has now written to IAS officer Manish Verma, district magistrate of Gautam Buddh Nagar, urging the implementation of the Elevators and Escalators Act and appointment of a Nodal Officer for the district.

NOFAA, which represents over 100 high-rise building communities, stressed on the urgency of implementing the Elevators Act. “Noida and Ghaziabad account for nearly 75-80% of the residential high-rise building communities in Uttar Pradesh. There are around 80,000 elevators operating in various high-rise building communities in Noida alone. Elevators are the backbone of vertical living. Though the Elevators and Escalators in High-Rise Buildings Act is in force, it is yet to be implemented. Lack of implementation makes living in high-rise building communities very unsafe. Regular breakdowns and maintenance issues have become a major concern for elevator users,” said Rajiva Singh, President, NOFAA.

The association has requested the District Magistrate to appoint a Nodal Officer to oversee the implementation of the UP Elevators and Escalators Act across the district.

This Elevators Act 2024 requires building owners to notify the district magistrate, relevant authorities and local police of any elevator accident within 24 hours. Following an incident, the district magistrate is tasked with conducting an investigation prior to examination by the electrical inspector, after which repairs to the elevator can be carried out. The Act also requires builders and Apartment Owners Associations (AOAs) to enter into an Annual Maintenance Contract (AMC) to ensure regular inspections of elevators, and that the authorities are kept informed.

The Elevators Act also faces the charge of being merely an election gimmick as it does not have any penal power. However, Nishant Kr. Srivastava, Advocate on Record (AOR), Supreme Court, does not think so. “We have to first understand that this Uttar Pradesh Elevators and Escalators Act, 2024 (the Elevators Act) does not abrogate any of the other legal remedies available such as that provided for under Section 106(1) Bhartiya Nyaya Sanhita, 2023 (BNS) (the erstwhile Section 304A of the Indian Penal Code) or any of the other rights and remedies for compensation available to a victim or the victim’s family under the provisions of the law of torts or under the specific provisions of sub-clauses (7) and (8) of Section 12 of the Elevators Act,” said Advocate Srivastava.

However, he appealed for timely implementation of the law. “The delay in notification of rules framed under the Elevators Act is disheartening. Everyone will agree that timely implementation of the provisions of the Elevators Act will at least ensure regular compliance with the rules of maintenance, inspection and maintenance of statutory records/log books, which will ultimately ensure proper functioning of the elevators and prevention and arrest of such cases of elevator malfunctions/free fall incidents etc., thereby preventing injury or loss of invaluable human lives,” Advocate Srivastava said.