Delhi High Court - Orders
M/S C.S. Bhatnagar And Company & Ors vs New Delhi Municipal Council & Anr on 9 December, 2021
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~27, 28, 31, 32, 35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8977/2021 & CM APPL. 27937/2021
M/S C.S. BHATNAGAR AND COMPANY & ORS. ..... Petitioner
Through Mr. Ajay Kapur, Senior Advocate
with Ms. Mahima Dang, Advocate.
versus
NEW DELHI MUNICIPAL COUNCIL & ANR. ..... Respondents
Through Mr. Tushar Sannu, Standing Counsel for
NDMC along with MR. Vijay Kaushal,
Chief Architect. NDMC
Mr. Sanjeev Sharma, EE for NDMC Mr.
Siddharth Yadav, Senior Advocate for
R-2 with Mr. Wasim Ashraf, Advocate
+ W.P.(C) 9719/2021 & CM APPL. 29992/2021
VEENA KOHLI ..... Petitioner
Through Mr. Siddharth Yadav, Senior Advocate
with Mr. Wasim Ashraf,
Advocate
versus
NEW DELHI MUNICIPAL
CORPORATION & ORS. ..... Respondents
Through Mr. Tushar Sannu, Standing Counsel for
NDMC along with MR. Vijay Kaushal,
Chief Architect. NDMC
Mr. Sanjeev Sharma, EE for NDMC Mr.
Anjum Javed, ASC GNCTD with Mr.
Devendra Kumar and Mr. Faran Ahmed,
Advocates for R-3/GNCTD
+ W.P.(C) 11142/2021 & CM APPL. 34303/2021
M/S CELLAR ENTERPRISES PRIVATE
LIMITED & ANR. ..... Petitioners
Through Mr. Siddharth Yadav, Senior Advocate
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
SACHDEVA
Digital Signed By:KUNAL
MAGGU W.P.(C) 8977/2021 1
Signing Date:09.12.2021
Signing Date:10.12.2021 10:58:02 21:17
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
with Mr. Wasim Ashraf,
Advocate
versus
NEW DELHI MUNICIPAL COUNCIL & ORS. ..... Respondents
Through Mr. Abhinav Bajaj, ASC, NDMC for R-
1&2
Mr. Anupam Srivastava, ASC, GNCTD
and Mr. Vasuh Misra, Advocate for R-3
/ GNCTD.
Mr. Annirudh Sharma, Proxy counsel for
Mr. Lavanya Dhawan, Advocate
+ W.P.(C) 12075/2021 & CM APPL. 37722/2021
M/S. COMPUTER MART ..... Petitioner
Through Mr. Siddharth Yadav, Senior Advocate
with Mr. Wasim Ashraf,
Advocate
versus
NEW DELHI MUNICIPAL COUNCIL & ORS. ..... Respondents
Through Mr. Anupam Srivastava, ASC, GNCTD
and Mr. Vasuh Misra, Advocate for R-3
/ GNCTD
+ W.P.(C) 12769/2021
INDRAESH DEVELOPERS PVT. LTD. ..... Petitioner
Through Mr. Siddharth Yadav, Senior Advocate
with Mr. Wasim Ashraf,
Advocate
versus
NEW DELHI MUNICIPAL COUNCIL & ORS. ..... Respondents
Through Mr. Piyush Jain, Advocate for R-1 & 2
NDMC
Mr. Jagdeep Sharma, ASC for NDMC
with Anirudh Mehrotra, Advocate
(through VC)
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
SACHDEVA
Digital Signed By:KUNAL
MAGGU W.P.(C) 8977/2021 2
Signing Date:09.12.2021
Signing Date:10.12.2021 10:58:02 21:17
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Mr. Nitiin Soni and Mr. Deepjyot Singh,
Advocates for R-6
Mr. Md. Zaryab Jamal Rizvi and Mr.
Musheer Zaidi, Advocates for R-7
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 09.12.2021
1. Learned counsel appearing for New Delhi Municipal Council submits that though certain structural audit reports have been filed by some of the petitioners, same cannot be accepted in toto as there are certain reservations with regard to the same.
2. He prays that independent agency be appointed by the Court for the purposes of carrying out a structural audit, of the entire monolithic structure on the left side of Regal Cinema, while facing Regal Cinema, from the inner circle Connaught Place till the end on the side of Parliament Street, for ascertaining its structural stability, both vertical as well as horizontal and also to give recommendations as to how to repair the said property so that the structural integrity of the building is restored.
3. Since the building is situated in main Connaught Place and is part of the heritage of the city, the heritage structure of the subject building is to be maintained and restored.
4. Accordingly, IIT, Delhi is directed to conduct a structural audit of the entire structure referred to above, from the ground upto the roof to ascertain its structural stability and also to suggest ways and means of restoring the building. It shall be kept in mind that the heritage structure of the building is not to be disturbed and is restored and protected.
Digitally Signed Signature Not Verified By:JUSTICE SANJEEV SACHDEVA Digital Signed By:KUNAL MAGGU W.P.(C) 8977/2021 3 Signing Date:09.12.2021 Signing Date:10.12.2021 10:58:02 21:17 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
5. Director, IIT, Delhi is directed to indicate to the Court through the NDMC as to costs/charges to be deposited for the purposes of carrying out the said exercise.
6. In the opinion of the Court, it would be the occupants/owners of the respective portions who should proportionately bear the cost of the structural audit as well as the repair of the entire structure.
7. Accordingly, NDMC is directed to place on record the list of all owners/occupiers as available in their record. Further notice be also issued to the President of the Regal Building Occupants Welfare Association to provide the names and addresses of the occupants/owners of the different portions of the Regal Building so that they can be put notice about the same.
8. List on 13.01.2022. The matter shall be treated as part-heard.
9. Interim orders to continue.
SANJEEV SACHDEVA, J DECEMBER 9, 2021 'rs' Digitally Signed Signature Not Verified By:JUSTICE SANJEEV SACHDEVA Digital Signed By:KUNAL MAGGU W.P.(C) 8977/2021 4 Signing Date:09.12.2021 Signing Date:10.12.2021 10:58:02 21:17 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.