Delhi High Court - Orders
Akarshan Bhawan Flat Owners Welfare ... vs Sushil Kumar Jain And Others on 27 February, 2023
Author: Yashwant Varma
Bench: Yashwant Varma
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 576/2022
AKARSHAN BHAWAN FLAT OWNERS WELFARE
ASSOCIATION AND ANOTHER ..... Plaintiff
Through: Mr. O.P. Gaggar and Mr.
Sachindra Karu, Advs.
versus
SUSHIL KUMAR JAIN AND OTHERS ..... Defendant
Through: Mr. S.D. Ansari and Mr. I.
Ahmed, Advs. for D-4 with D-4
in person
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 27.02.2023
I.A. 21032/2022
1. The instant application has been moved by the Plaintiff Association seeking directions for restoration of water supply to toilets and the firefighting system. Permission is also sought for the Plaintiffs being granted access to the roof and terrace of the suit property. It is alleged in the application that the roof of the building which is situate above the third floor had always been used as a common facility. It was asserted that various water tanks had been placed thereon and which were used for supply of water to toilets. It is alleged that a lift room also stands constructed on that terrace.
2. The Plaintiff alleges that in the intervening night of 24/25 October 2022, the Defendant No. 4 with other persons obstructed the members of the Plaintiff and broke open the locks which were placed on the door leading up to the terrace. It is further alleged that those intruders removed all water tanks installed on the roof including those Signature Not Verified Digitally Signed By:NEHA Signing Date:02.03.2023 14:26:56 which were supplying water to toilets situate on different floors as also forming the source for the firefighting system. Taking note of the allegations which were levelled, the Court had issued notice on the application and called upon the Defendant No. 4 to file its reply.
3. The Defendant No. 4 alleges that initially the erstwhile owner had granted a license to other occupants of the building to install water tanks on the terrace. It is however alleged that the said license expired in 2012. The Defendant No. 4 further asserts that the water tanks installed at the terrace have been lying in a state of complete disuse and disrepair since then. The said Defendant has also placed on the record certain photographs which would appear, at least prima facie, to lend credence to its contention that the said water tanks have not been used for quite some time. The Defendant No. 4 also asserts that the Plaintiff and its members are getting water from direct pipelines and tanks and thus the case set up that the toilets were being serviced from the overhead water tanks is false and incorrect.
4. It becomes pertinent to note that the evidence which has been placed on the record by Defendant No. 4 clearly appears to suggest that the water tanks as well as the pumps installed have been lying in a state of abject disrepair and disuse. The photographs also appear to evidence an electricity panel existing in a rusted state. The Plaintiff has failed to bring on the record any material or evidence which may have established or indicated that the water tanks as placed on the terrace were being put to actual use around the time when the application itself came to be filed.
5. In rejoinder, however, the Plaintiff has brought on the record certain communications issued by the Fire Department calling upon the owner of the suit property to take emergent steps for revamping the fire safety system. Along with I.A. the Applicant has also placed on the Signature Not Verified record communications addressed by the Association to the Digitally Signed By:NEHA Signing Date:02.03.2023 14:26:56 DCP, Central dated 11 November 2022 as well as of the Chief Fire Officer dated 30 November 2022 in this regard. Those communications appear to suggest that the residents have conveyed the existence of a serious issue with respect to the supply of water to various units and also allude to the fire safety equipment having been damaged. Those issues would be open to be addressed and taken up by the Association independently.
6. The Court only observes in this regard that it would be open for the DCP, Central, PS Daryaganj as well as the Chief Fire Officer to duly attend to the communications addressed by the Association and take such further remedial measures as may be warranted.
7. Since the Applicant has failed to place on the record any cogent evidence to establish the allegations which were made, the application shall stand disposed of at this stage, with liberty reserved to the Plaintiff Applicant to approach afresh in case circumstances so warrant.
CS(OS) 576/2022
8. List before the concerned Joint Registrar on 02.05.2023 for taking further proceedings on the suit.
YASHWANT VARMA, J FEBRUARY 27, 2023 SU Signature Not Verified Digitally Signed By:NEHA Signing Date:02.03.2023 14:26:56