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2017 Supreme(Del) 1307

MANMOHAN
NISHA SHARMA – Appellant
Versus
ANIL KUMAR GUPTA – Respondent


Advocates Appeared:
For the Petitioners: Mr. Deepak Anand with Ms. Hemlata Rawat.
For the Respondents: Mr. D.K. Rustagi with Mr. Apoorv Rastogi, Ms. Prabhsahay Kaur, Mr. Sunil Chaudhary, Mr. Gurumukh Singh and Mr. Anurag Kumar.

JUDGMENT :

MANMOHAN, J.

1. In the present batch of matters, the issue that arises for consideration is whether the buildings in question i.e. 470, 471 and 472, Chandani Chowk, Delhi-110 006 are fire safe or not. It is pertinent to mention that Mr. Anil Kumar Gupta & Others, are occupants in a property whose owner is Ms. Nisha Sharma. Admittedly, there are inter se disputes including civil suits pending between the owner and the occupants.

2. On 06th April, 2005 in W.P. (C) Nos. 5638-5645/2005, a Division Bench of this Court had recorded the undertaking of the occupants, Mr. Anil Kumar Gupta & Others, that within a period of three months, they shall incorporate fire safety measures in accordance with law, failing which, the protection granted by the Court shall stand automatically vacated. Till that time, the supply of electricity was not to be disconnected.

3. In contempt petitions as well as in the writ petition, both sides are blaming each other for delay in incorporating fire safety measures, in particular, the construction of 50,000 litres water tank.

4. As late as 24th March, 2017, another Division Bench of this Court in LPA No. 387/2016 clarified that the water tank shall be const





















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