RAJIV SAHAI ENDLAW, J. -- The present writ petition entails adjudication of, whether the Delhi Building Bye-Laws, 1983 as modified from time to time, allow/permit construction of an open staircase in the front setback of a residential house.

2. The petitioners are aggrieved by the order dated 5th December, 2005 of the Asstt. Engineer of the MCD, the order dated 22nd February, 2007 of the Appellate Tribunal, MCD and the order dated 24th October, 2007 of the Lt. Governor, Delhi all holding the staircase to be illegal and not capable of compounding and liable to be demolished.

3. Though the respondent no.1 MCD was stirred into taking action for demolition of the said open staircase in the front setback of house no. H-2, Kailash Colony, New Delhi by the respondent no.2 but the facts concerning dispute between petitioner & respondent no.2 are not relevant for adjudication; the only question being of the interpretation of the Building Bye-Laws.

4. The counsel for the petitioners has made submissions under two heads. Firstly, that the said staircase is permissible/compoundable/not liable to be demolished under the Building Bye-Law and secondly, that the said action cannot be taken a