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27. Thereafter, the petitioner filed an application being CM Appl.

Signature Not Verified Digitally Signed By:TARUN RANA Signing Date:21.02.2025 W.P.(C) 7642/2022 Page 10 of 26 16:16:39

No.12458/2024 for restoration of the above-captioned petition. He also sought time to file an additional affidavit.

28. Thereafter on 02.08.2024, this court directed the petitioner and his father to meet the Secretary and the President of the Society in the presence of Mr. T. Singhdev, the counsel for the Society.

33. The petitioner also referred to the decision of the Supreme Court in Rajive Raturi v. Union of India & Ors.: 2024 INSC 858 and drew the attention of this court to paragraph no.66 of the said decision where the Supreme Court had observed that the provisions of Sections 44 and 45 of the RPwD Act are mandatory.

34. Mr. Singhdev, the learned counsel appearing for the Society countered the aforesaid submissions. He submitted that the apartment complex was built sometime in the year 1990s and has been occupied since the year 2000. He submitted that the modifications sought for by the petitioner are not feasible. He also contended that there is no obligation to modify the existing residential buildings to make them compliant with the accessibility rules (Rule 15 of the RPwD Rules).