With Lift Act In Limbo, Noida Apartment Owners Write To DM, Seek Appointment Of Nodal Officer

In response to a series of elevator mishaps in high-rise buildings across Noida and Greater Noida, the Uttar Pradesh government introduced the Lift Act 2024.

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 transport systems. From terrifying free falls to deadly malfunctions, lift accidents in Noida are on the rise, turning what should be a routine aspect of modern living into a source of anxiety and fear.

In response to a series of elevator mishaps in high-rise buildings across Noida and Greater Noida, the Uttar Pradesh government introduced the Lift Act. Although the act was passed in February 2024, it has 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 UP Lift and Escalator Act and the appointment of a Nodal Officer for the district.

The NOFAA, representing over 100 high-rise societies, emphasized the urgency of implementing the Lift Act. "Noida and Ghaziabad account for nearly 75 to 80% of residential high-rise societies in Uttar Pradesh. There are around 80,000 lifts operating in various high-rise societies in Noida alone. Lifts are the backbone of vertical living. Although the UP Lift and Escalator Act is in place, it has not yet been implemented. The lack of implementation makes living in high-rise societies very unsafe. Regular faults and maintenance issues have become a major concern for lift users," said Rajiva Singh, President of NOFAA.

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

This Lift Act 2024 requires building owners to notify the District Magistrate, relevant authorities, and local police of any lift accidents within 24 hours. Following an incident, the District Magistrate is tasked with conducting an inquiry before the Electrical Inspector's examination, after which lift repairs may proceed. The act also mandates that builders and Apartment Owners' Associations (AOAs) enter into an Annual Maintenance Contract (AMC) to ensure regular lift inspections, with authorities kept informed.

The Lift Act also faces accusation of being just a poll gimmick as it doesn't have any penal power. However, Nishant Kr. Srivastava, Advocate On Record (AOR), Supreme Court, doesn't feel this way. “We have to first understand that this Uttar Pradesh Lifts and Escalators Act, 2024 (the Lift Act) is not in derogation of any of the other legal remedies available like one under s. 106 (1)  Bhartiya Nyaya Sanhita, 2023 (BNS) (the old s.304A of the IPC) or any of the other compensation rights and remedies available to a victim or the family of the victim as available under law of Torts or under the specific provisions of sub-clauses (7) & (8) of the section 12 of the Lift Act," said Advocate Srivastava.

However, he called for timely implementation of the Act. "The delay in notifying the Rules framed under the Lift Act is disheartening. All will agree that the timely enforcement of the provisions of the Lift Act, at least will ensure regular compliances as to maintenance, inspection and maintenance of the statutory records/ log books, which ultimately will ensure proper functioning of lifts and preemption and arrest of such cases of lift malfunctioning/ incidences of free fall etc. Thereby, preventing injury or loss of invaluable human life,” said Advocated Srivastava.