$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12778/2025 & CM APPL. 52185/2025 KASHISH BADAMI .....Petitioner Through: Ms. Vijay Lakshmi Jain, Advocate (M:9811373999) Email:advvijaylakshmijain@gmail.com versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Ms. Namrata Mukim, SC-MCD with Ms. Sakshi, Advocate (M:9899106515) Email: namratamukim@hotmail.com Mr. Badar Mahmood, Mr. Ammar Ahmad, Advocates for R-2/SHO (M:9717915781) Email: badar.mahmud@gmail.com CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA 1. The present writ petition has been filed seeking directions to respondent no. 1, i.e., Municipal Corporation of Delhi (“MCD”), to enforce its demolition order dated 17 O R D E R % 22.08.2025 th 2. Learned counsel for the petitioner submits that the petitioner resides on the lower ground floor of the subject property. He submits that the subject property is in an extremely dilapidated condition with structural defects, dangerous tilt, prominent deflections, cracks, corroded beams and February, 2025 in respect of the property no. 62/15, Old Rajinder Nagar, New Delhi-110060, in order to ensure the safety of the public and the petitioner. 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 25/08/2025 at 12:09:54 columns, and active seepage, all of which make the building unfit for habitation and structurally unsound. 3. It is submitted that an independent structural audit was conducted by a structural consulting firm, i.e., Baas Project Services and a Due Diligence Report dated 10th 4. It is further submitted that the Structural Engineer of the MCD also has categorically stated that the building is not safe and is uninhabitable. January, 2025 was given, wherein it was clearly stated that the building’s structural strength is not good at all. 5. Learned counsel for respondent no. 1-MCD appearing on advance notice submits that the demolition order dated 17th 6. She draws the attention of this Court to the report of the Structural Engineer empanelled with the MCD and submits that the building in question is dangerous and in a dilapidated condition. February, 2025, with respect to the property in question has already been issued. 7. She further submits that orders dated 17th 8. At this stage, learned counsel for the petitioner submits that despite letters having been issued by MCD, the owners/occupiers of the property in question have not undertaken demolition of the building in question. She, thus, submits that requisite action be taken by the respondent-MCD itself. February, 2025 have also been issued to the owners/occupiers to demolish the said building. 9. In response, learned counsel for respondent-MCD submits that in case action is to be taken by the MCD, then the requisite charges for demolition are to be paid by owners/occupiers of the property in question. 10. The aforesaid submissions are taken note of. 11. Accordingly, in view of the submissions made before this Court, this Court takes note of the fact that the building in question has already been 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 25/08/2025 at 12:09:54 declared as not safe and uninhabitable by the Structural Engineer empanelled with the MCD. The Structural Engineer empanelled with the MCD has categorically given a report that the building in question has to be demolished as soon as possible. 12. Report of the structural engineer of the MCD, is reproduced as under: 13. This Court further takes note of the letter dated 17th February, 2025 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 25/08/2025 at 12:09:54 issued by the MCD to the owners/occupiers of the property in question, wherein, owners/occupiers of the property were directed to demolish the building in question within a period of seven days. 14. Order dated 17th February, 2025 issued by the Executive Engineer, M- I, Karol Bagh Zone, is reproduced as under: 15. Clearly, despite categorical directions by the MCD, the owners/occupiers of the property in question have not undertaken the 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 25/08/2025 at 12:09:54 exercise of demolition of the dangerous building. 16. Accordingly, it is directed that the MCD shall carry out the requisite action of demolishing the dangerous building in question. Let the said action be taken by the MCD within a time bound manner, within a period of three months from today. 17. In terms of the submissions made before this Court, it is directed that any charges/expenses for carrying out the exercise of the demolition of the dangerous building in question, shall be borne by the owners/occupiers of the building in question. For this purpose, the MCD shall raise a bill to the owners/occupiers of the subject property, which shall be duly paid by the said owners/occupiers to the MCD. 18. Accordingly, with the aforesaid directions, the present writ petition, along with pending applications, is disposed of. MINI PUSHKARNA, J AUGUST 22, 2025/au 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 25/08/2025 at 12:09:54