The authority concerned must apply its mind whether or not demolition of the building alone provides the solution.

( 1 ) PARADOXICAL though it may seem that a bulidiag, which according to tile Municipal Engineer s report recorded on April 8, 1958, was considered to be so dangerous as to call for demolition immediately, stands till today after the lapse of about eleven years, yet, in spite of the emphasis in this behalf by the learned counsel for the respondent, I do not propose to let my mind be influenced by this factor in deciding the question that arises in this Letters Patent Appeal, directed against the order of D. K. Mahajan, J. dated January 19, 1965. The fight between the parties is about the validity of an order by the appellant directing demolition of the building in question.

( 1 )

( 2 ). ON April 7, 1958, the Commissioner, Delhi Municipal Corporation, in purported exercise of powers conferred on him by section 491 of the Dilhi Municipal Corporation Act, 1957, directed that "all the powers conferred on mi under the various provisions of the Act shall be exercised also by Shri Ishwar Dayal, Deputy Commissioner, subject to my supervision, control and revision. " On April 8, 1958, the Municipal Engineer after inspecting the building recorded a note, the relevant part of which reads:-

"the roof of one of the room has collapsed. The beams etc. are completely worn out. The building should be vacated immediately; particularly the portion in which the school is being run. I spoke about this to the Head Mistress at the site. I have also "talked about this to C. E. 0. and D. M. C and in my opinion a notice should be served to vacate the whole building and to demolish the dangerous structure immediately. In the meantime, I am having the details of the dangerous portion of the building prepared. "

( 3 ) FROM this note I deduce that the Municipal Engineer recommended vacation of the entire building and demolition of "the dangerous structure. " My reading of this note does not persuade me to accept that the recommendation was to demolish the entire structure and that clearly appears from the concluding portion of the note that he was "having the details of the dange- rous portior of the building prepared. On the Foot of that very noie the Deputy Commissioner wrote:-

"issue notice under sections 348 and 349 of the D. M. C. Act and deliver at once. "in the order the Deputy Commissioner gave no indication as to whether the notice under section 348 should be for cemolition or securing or repair of the building, the three alternatives provided in the section for preventing danger. On the same day, lhat is, April 8, 1958, the Personol Assistant to the Municipal Enginneer also made a report stating, inter alia. that be had inspected the building which is actually in the imminent danger of collapse. Rough sketch plans of each floor are under preparation and will be submitted along with detailed report I suggest that in the meantime notice to C. E. O. be forthwith sent to get the whole building evacuated at once. In my opinion the whole building needs to be demolished. Roof of one room has very dangerously collapased. " The report was marked to the Municipal Engineer and on the foot thereof is an order reading: -

"i have spoken to you about this-will you kindly have this building vacated at once. You may consult D M. C. to whom I have spoken". Neither the name nor the designation of the officer signing the order appears on the copy filed in Court. I his need not, however, detain me since the order refers only to the vacation of the building as visualised by the section 349 of the said Act.

( 4 ) THE Assistant Enigineer also recorded a detailed description on April 8 1958, about the condition of the building after inspection of the same "at about 5 P. M. ". He dealt separately with the ground-floor, second-fioor and top floor. His opinion, inter aha. was-

(1) "the condition of roofs in almost "all these rooms excepting the front shops and the main hall is very bad (2) On the second-floor the - terrace verandah and room with balcony abutting the c