$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10111/2024, CM APPL. 41403/2024 & CM APPL. 71797/2024 RAJENDER GUPTA .....Petitioner Through: Mr. Deepak Agarwal, Mr. Nikhil Gupta and Ms. Vrinda Narang, Advocates versus MUNICIPAL CORPORATION OF DELHI & ORS......Respondents Through: Mr. Vishal Raj Sehijpal, Standing Counsel, MCD with Ms. Priyanka Handa, Advocate for R-1/MCD Mr. Biraja Mahapatra, Advocate for R-5 Mr. Dinesh Kumar, Mr. Mandeep Kumar Sharma, Mr. Yash Gupta and Ms. Banshika Garg, Advocates for R-6 & 7 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA O R D E R % 09.04.2025 1. The present writ petition has been filed for issuance of directions to the respondent authorities to perform their statutory obligation by inter alia demolishing and removing the entire unsafe building. 2. The premise of filing the present writ petition is that the building in question, i.e., property bearing no. 413, Sunlight Colony-I, Maharani Bagh, Hari Nagar Ashram, New Delhi-110014, is co-owned by the petitioner and respondent nos. 5 to 7. 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 15/04/2025 at 16:41:17 3. It is the case of the petitioner that the respondent nos. 5 to 7 have neglected to discharge their duties and are not getting the said building repaired intentionally and thus, endangering the human lives. 4. Upon notice by this Court, a Status Report dated 06th August, 2024, has been filed on behalf of the Municipal Corporation of Delhi (“MCD”), wherein, it has been stated that as follows:- “5. That during inspection it was noticed that there is no imminent danger to the property and only normal repairing/strengthening is required to be undertaken to avoid any mishap or damage to users, occupants, nearby residents and passerby and accordingly letter No. D/EE(M)-I/CNZ/2024-2025/597 dated 19-07-2024 was issued to the owners/occupiers of the property in question thereby directing them to carry out necessary repairs of the house immediately since carrying out normal repairs shall serve the purpose. The property in question is covered from three sides as other houses/buildings are constructed on three sides of the property and accordingly the property in question has support from all three sides. Copy of letter is annexed herewith as Annexure R-2. 6. That repairs can be carried out by the owner/occupiers as no permit for the same is required to be taken as per the "unified building - bye - laws for Delhi - 2016" if the same does not otherwise violate any provisions regarding building requirements, structural stability, fire safety requirements and involve no change to the cubic contents or to the built up are of the building as defined in the bye laws for the repairs.” (Emphasis Supplied) 5. A perusal of the aforesaid report shows that it is the clear stand of the MCD that there is no imminent danger to the property in question. Only normal repair and strengthening is required to be undertaken. 6. This Court notes the statement made by the learned counsel appearing for the respondent nos. 6 and 7 that they have undertaken repair work. 7. However, learned counsel appearing for the petitioner draws the attention of this Court to the various photographs to show that the said building still needs a lot of repair work. 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 15/04/2025 at 16:41:17 8. Accordingly, it is directed that the petitioner, as well as respondent nos. 5 to 7, shall carry out the requisite repair work in the building in question. 9. The said repair work shall be done under the supervision of the MCD. However, the cost for the repair work shall be borne by the respective parties, i.e., the petitioner and the respondent nos. 5 to 7. 10. With a view to assess the repair work having been carried out by the respective parties under supervision of the MCD, it is deemed expedient to list this matter before the Registrar. 11. The Registrar shall satisfy himself with regard to the repair work having been carried out by the parties under the supervision of the MCD. 12. MCD shall ensure that requisite repair work is carried out. In case, there is a danger to the building on account of non-repair by the petitioner and the respondent nos. 5 to 7, the MCD shall be held responsible for any mishap that may happen in future. 13. With the aforesaid directions, the present writ petition is disposed of, along with pending applications. 14. List before the Registrar, for compliance by the respondents, on 13th May, 2025. MINI PUSHKARNA, J APRIL 9, 2025 N 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 15/04/2025 at 16:41:17