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. W.P.(C)13386/2018 PALVINDER KAUR AND ORS. Petitioner
SHRINARESHTANDAN Petitioner
SHRIRAJENDERKUMAR@PAMMI Petitioner
W.P.ICI 13437/2018and CM APPL.No.52314/2018 SHRIRAVINDERKUMAR Petitioner
W.P.(C)13438/2018andCM APPL.No.52316/2018 SHRIHARICHAND JAIN
Present- Mr.Ptatap Sahani, Adv. for the petitioner in W.P. (C)
Mr.afsaxena, Adv.for the petitioners in W.P.(C) 13435-
S^Adv.forR-1inW.P(C)13386/20^8^^ MsPuja Kalra and Mr.Virendra Sing , SSd^fsiSrv-:-h and Ms.Rasini Vinaih,Advs.for
M/s.GlitzMedicarePvt.Ltd.
2019:DHC:7710
ORDER o/o 21.11.2019
JUDGMENT
1. These writ petitions are filed by the petitioners seeking a direction to set aside/quash the impugned order dated 07.12.2018 passed by respondent No. 1 where the building in question that is 9022-28 and 9078, Ward No. XV situated at Multani Dhanda, Paharganj was declared dangerous and complete demolition orders were passed.
2. This court on 11.12.2018 had requested the Director, IIT Delhi to deputeaStructuralEngineerto visitandsurveythesaidpropertyandsubmit a report regarding the status ofthe property,especially as to whether it is dangerous and requiresto be vacated immediately.The StructuralEngineer visited and surveyed the property in question and prepared a report.North DMC filed objections to the report submitted by the Structural Engineer. ObjectionswerealsofiledbyM/s.GlteMedicarePvt.Ltd..theownerofdte property.
3 On 30072019, this court had requested the Structural Engin DrShashankBishnoito re-visitthe site and do athoroughexaminationof thepropertybytakingintoaccounttheobjectionsfiledbyNorthDMCan M/s GlitzMedicarePvt.Ltd.andgiveareportaboutthestructuralsta i.ty oftheproperty.TheStructuralEngineer.Dr.ShashankBishno.hasnowfiled hisreportdated 31.08.2019.
4 Aperusalofthereportwouldshowthatheconcludesthatthereareno few minorcracks.However,hereiteratesthatthere tsdamageontheupper floorofthebuilding and thatthe upperfloor ofthe structure can eeasiy dismantled,repaired or replaced without causing damage to the lower floor. He reiterates that the damage to the upper part of the structure is clearly visible.
5. The report throws up various issues regarding the marmer in which the building is to be dealt with.
6. It is appropriate that respondent No.l takes a fresh look at the matter taking into account the reports ofthe Structural Engineer. The impugned notices are accordingly set aside.
7. Let the concerned Superintendent Engineer ofNorth DMC look into the matter. The concerned Superintendent Engineer ofthe area shall give a hearing to the petitioners and M/s. Glitz Medicare Pvt.Ltd. He will pass a reasoned order taking into accountthe two reports ofDr.Shashank Bishnoi, the Structural Engineer appointed by this court. The needful shall be done within eight weeksfrom today.
8. North DMC is free to take further steps based on the decision taken by the concerned SuperintendentEngineer.Needlessto add,ifany party is aggrieved by the order ofthe SuperintendentEngineer,liberty is grated to takestepstoimpugnthesame as perlaw.
9. With the above directions, the present petitions stand disposed of. Pending applicationsalsostand disposed of. ^ JAYANT NATH,J