Delhi High Court - Orders
Vikas K. Chadha & Ors vs Lieutenant Governor Of Delhi & Ors on 23 September, 2022
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~53
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13789/2022, CM APPL. 42151/2022 and
CM APPL. 42152/2022
VIKAS K. CHADHA & ORS. ..... Petitioners
Through: Mr. M. Tarique Siddiqui, Mr. Tanveer
Ahmad, Mr. Parvez Alam, Mr. Mohd. Nouman
and Mr. Rakshan Ahmed, Advocates
versus
LIEUTENANT GOVERNOR OF DELHI & ORS. ..... Respondents
Through: Mr. Tushar Sannu, Standing Counsel for
GNCTD
Ms. Puja Kalra, Standing Counsel for MCD
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 23.09.2022
1. By way of the present petition filed under Article 226 of the Constitution of India, the petitioner has sought following reliefs:-
"a. Issue a writ of mandamus or any other appropriate writ, order or direction(s) to MCD/respondent no.3 and 4 to inspect and submit the structural safety/structural integrity report and earthquake safety report of the property/building bearing Municipal No.49, Shiv Market, Masjid Road, Jungpura (Bhogal), New Delhi-110014, built more than 50 years ago, up- to second floor, as the building is in dilapidated condition and not fit for habitation;
b. Issue a writ of mandamus or any other appropriate writ, order or direction(s) to respondent no.1 to 5 to take necessary action to demolish the property/building in dilapidated Digitally Signed By:SANGEETA ANAND Signing Date:26.09.2022 11:57:47 condition bearing Municipal No.49, Shiv Market, Masjid Road, Jungpura (Bhogal), New Delhi-110014; and/or in alternate permit the petitioners to demolish the said building and cost of the same be borne by the co-owners as per ratio of their share in the said property;
(c) Issue a writ of mandamus or any other appropriate writ, order or direction(s) to MCD/respondent no.3 & 4 to permit the petitioners/co-owners to re-construct the property bearing Municipal No.49, Shiv Market, Masjid Road, Jungpura (Bhogal), New Delhi-110014 in conformity of Building Bye laws; and to grant due sanction to the building plan/layout plan without insisting for NOC from respondent no.6 to 9."
2. Learned counsel for the petitioner submits that besides the petitioner there are other co-owners of the building and though the respondent has issued various notices directing him to carry out the repairs to ensure safety of the building however, on account of non-cooperation by the ground floor owner, the same could not be carried out. In fact, the petitioner was forced to file CS SCJ 1385/2018 seeking following prayers:-
"A. A Decree directing the Defendants to allow the construction of Pillars for strengthening the Structure of the Building situated at the Property Bearing No. 49, Masjid Road, Shiv Market, Jangpura (Bhogal), New Delhi-110014 and for cooperating with each other in carrying out the extensive repairs to the aforesaid Property with the co-operation of the Defendants under the supervision of the officials of Defendant No. 1.
B. A Decree for Perpetual Injunction be passed restraining the Defendants, their agents, servants and employees etc. from causing any obstruction or hindrance in the aforesaid Extensive Repairs of the Suit Property Bearing No. 49, Masjid Road, Shiv Market, Jangpura (Bhogal), New Delhi-110014 permanently."
Digitally Signed By:SANGEETA ANAND Signing Date:26.09.2022 11:57:47
3. Learned counsel for the petitioner submits that as the building was old, it was required to be reconstructed instead of being repaired and, for which purpose the plaintiff withdrew the aforesaid suit but the counter-claim being CS SCJ 810/22 filed by the co-owners is stated to be still pending.
4. Issue notice.
5. Learned counsels for the respective parties accept notice. Learned Standing Counsel for MCD while referring to the written statement filed by the other co-owners in the aforesaid Civil Suit, submits that the petitioner has been callous in not carrying out the necessary repairs though repeatedly directed by the respondents through various notices. She has drawn the attention of the Court to the inspection report dated 16.11.2018 filed on behalf of the answering respondent in the aforesaid civil suit which reads as under:-
"The above said suit was filed before the Senior Civil Judge Cum Rent Controller South East District Saket Court with the prayer to allow the constructions of pillars for strengthening of structures of building bearing No.49, Masjid Road, Shiv Market, Jangpura, Bhogal, New Delhi-110004, since the building is dangerous.
In this regard, on the earlier complaint in September, 2017 this property was inspected and it was noticed at that time that there was no eminent danger to the building except some portion of chajja which was fallen down and the same was demolished totally for the safety of nearby residents/ passersby. Further, a notice bearing No. D.EE (M)-I/CNZ/2017-18/1220 dated 23.09.2017 was also issued to the owner/ occupier of this building with the request to repair/ strengthen the building immediately under intimation to the Building Department, Central Zone also to avoid any mishap.
After receipt of this suit case, the site was again inspected Digitally Signed By:SANGEETA ANAND Signing Date:26.09.2022 11:57:47 and not found any eminent danger except repair of chajjas/ parapet wall over chajjas etc. Since, these chajjas are monolithic with the roof slab and also extended beyond the plot area and the same come under the purview of Building Department, Central Zone. It is also hereby mentioned that the original writ petition of this case has already been sent to Building Department, Central Zone vide No. F-2242/AE-IV dated 05.11.2018 (copy enclosed).
In view of the above, EE (Building)-I, Central Zone may please be requested to take necessary action in this regard. Next date of hearing is 24.11.2018."
6. She has also referred to the written statement filed on behalf of the other co-owners to submit that the subject premises are occupied not only by other co-owners but also by the tenants. She submits that the petitioner has been repeatedly asked to carry out the repairs which are not being done intentionally. She, on instructions, reiterates that the building is not dangerous provided the petitioner carries out the repairs.
Learned counsel further submits that in so far as prayer (a) with respect to seeking structural safety/structural integrity report and earthquake safety report is concerned, the petitioner ought to approach 'National Council for Cement and Building Materials' where on completing the requisite formalities, a certificate to that effect would be provided. She has also referred to the proceedings in W.P (C) No.2302/2020 wherein the petitioner has complained of seepage to submit that even in those proceedings, the joint site inspections were repeatedly carried out with Delhi Jal Board and it was noted that the petitioner had failed to carry out the replacement of corrugated water pipes as no leakage was found in the storm Digitally Signed By:SANGEETA ANAND Signing Date:26.09.2022 11:57:47 water drains.
7. It is worthwhile to note that in spite of the definite stand taken by the respondent Corporation that the subject premises are not dangerous, the petitioner has not placed any report to the contrary.
8. Keeping in view the Status Report and the submission made on behalf of the Corporation that the subject premises are not dangerous, the present petition is disposed of alongwith the pending applications with a direction that in case the petitioner obtains a contrary report from a certified Structural Engineer, he would be at liberty to approach MCD who may then take the requisite steps and proceed in accordance with law.
MANOJ KUMAR OHRI, J SEPTEMBER 23, 2022 na Digitally Signed By:SANGEETA ANAND Signing Date:26.09.2022 11:57:47