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2023 DAILYLAW 6665 (DEL)

MS .FARHAT v. GOVT. OFNCT OFDELHI AND ORS

W.P.(C)/7968/2023 · 2026-01-12

Amit Bansal

Writ Petition (Civil)body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(C) 7968/2023 $~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7968/2023 & CM APPL. 9539/2024, CM APPL. 13297/2025 CM APPL. 24828/2025, CM APPL. 31445/2025 MS. FARHAT .....Petitioner Through: Ms. Sonal Sinha, Advocate. versus GOVT. OF NCT OFDELHI AND ORS. .....Respondents Through: Mr. Abhinav Sharma and Mr. Mahender Shukla, Advocates for MCD. Advocate for R-5 and R-6. (appearance not given) CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 12.01.2026 1. The present writ petition has been filed seeking orders thereby directing the respondents no.1 to 3, to demolish the building bearing property No.814, Katra Hiddu, Farash Khana, Delhi-110006 (hereinafter the ‘subject property’), which has been declared dangerous by the Municipal Corporation of Delhi (“MCD”). 2. Attention of this Court has been drawn to the order dated 21st February, 2024, wherein inspection of the property was directed to be done by the MCD. Pursuant thereto, the MCD has filed its Status Report dated 1st November, 2023, wherein it has been stated as follows: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/01/2026 at 12:48:55 W.P.(C) 7968/2023 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/01/2026 at 12:48:55 W.P.(C) 7968/2023 3. It is submitted on behalf of the respondent no.2/MCD that in view of the fact that the construction in the building in question was found to be dangerous, the MCD fixed a demolition program in the subject property on 27th February, 2025, along with the police officials from Police Station Lahori Gate, Delhi. However, the respondents no.5 and 6 obstructed the said demolition. 4. In the order passed by the Predecessor Bench on 28th April, 2025, this Court had directed MCD to engage a Structural Engineer to inspect the property in question and it was further directed that the Structural Engineer shall file his report with regard to the structural stability of the building. 5. On the next date of hearing, i.e., 21st May, 2025, at the request of counsel for the respondents no.5 and 6, MCD was directed to engage the services of a Structural Engineer from IIT, Delhi with a direction that the cost of the said Structural Engineer shall be borne by the respondents no.5 and 6. 6. During the course of hearing on 12th September, 2025, a statement was made by counsel appearing on behalf of the respondents no.5 and 6 that the fee quoted by the Structural Engineer from IIT, Delhi cannot be borne by his clients. 7. In these circumstances, the Court has no option but to proceed on the basis of the report of the Structural Engineer dated 14th May, 2025. For the ease of reference, the said Report is set out below: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/01/2026 at 12:48:55 W.P.(C) 7968/2023 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/01/2026 at 12:48:55 W.P.(C) 7968/2023 8. In view thereof, the present writ petition is disposed of directing the respondent no.2/MCD to take demolition action strictly in terms of the aforesaid report, i.e., the action shall be taken only in respect of northern and southern portions of the subject property, which are identified as dangerous This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/01/2026 at 12:48:55 W.P.(C) 7968/2023 in the aforesaid report. 9. All pending application(s) stand disposed of accordingly. AMIT BANSAL, J JANUARY 12, 2026 Rzu This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/01/2026 at 12:48:55