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2022 Supreme(Del) 2000

MANOJ KUMAR OHRI
Radha Krishan Garg – Appellant
Versus
North Delhi Municipal Corporation – Respondent


ORDER

1. By way of the present petition filed under Article 226 of the Constitution of India, the petitioners, who claim to be occupants of Shops at ground floor of premises bearing No. 1388, Bazar Guliyan, Near Dariba Kalan, Chandni Chowk, Delhi-110006, have assailed the demolition order as well as the order dated 31.07.2018 passed under Section 348(4) of the DMC Act whereby portions at different floors in said premises have been identified to be dangerous.

2. Learned counsels for the petitioners submit that the Corporation has passed the impugned order at the behest of respondent No. 2/landlord with the ulterior motive of evicting the petitioner from the subject premises.

3. It is further submitted that though vide impugned order portions of the subject property were declared dangerous for occupation on the basis of a report from the Structural Engineer of MCD, the same stands nullified in view of the subsequent report of Structural Engineer, IIT wherein it was advised that subject to carrying out repairs, the premises are structurally safe.

4. In this regard it is noted that on 24.10.2019, in view of the petitioner's submissions, this Court had directed the Registrar, IIT De

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