JUDGMENT

SACHIN DATTA, J.

1. This present petition has been filed by the petitioners under Article

226 of the Constitution of India, seeking the following reliefs:-

“(a) Issue Writ in the nature of Certiorari, to quash the Delhi Fire Services‟

impugned Sanction No. F 6/DFS/MS/BP/CGHS/2018/4547 dated 30.10.2018;

(b) Issue Writ in the nature of Certiorari, to quash the D.D.A.‟s impugned Sanction No. DW12/0575/18-19 dated 24.06.2019;

(b) Issue Writ in the nature of Certiorari, to quash the D.D.A.‟s Impugned Order No. F23(42)96/Bldg/120 dated 20.07.2020;

(c) Issue Writ in the nature of Mandamus, directing the D.D.A. and the Delhi Fire Services to do immediate Spot Inspection of the Defence Land and Cantonment Service Cooperative Group Housing Society Ltd. (Ashoka Apartments), Plot 8, Sector 12, Dwaraka, Delhi 110078, to assess in advance the possible impact of additional construction on the Structural-stability and Fire- safety, and, to ascertain the amount of violation of UBBL-2016 and other statutory provisions that the Management Committee, Ashoka Apartments has done;

(d) Issue Writ in the nature of Mandamus, directing the I.I.T., Delhi or any other reputed Expert Structural Engineering Institution to undertake the „Third Party Structural Audit of all the buildings of the Ashoka Apartments, in the interest of life/safety, property and hard earned savings of the old aged residents of Ashoka Apartments;

(e) Issue Declaration/Order that, any additional construction raised/done so far by the Management Committee, Ashoka Apartments, in contravention of any Building Bye-laws and/or any other statutory provision, by taking advantage of the above impugned Orders, as illegal and liable for demolition; and, (f) Any other or further Order(s) which this Court may deem fit and proper in the facts and circumstances of the case in the interest of justice.”

2. The factual background in the context of which the present petition has been filed is broadly summarized hereinunder:-

(i) The Defence Lands and Cantonment Service Cooperative Group Housing Society Limited, i.e., respondent no. 4 herein, was formed in 1983. In 1997, the Delhi Development Authority (hereinafter, referred to as „DDA‟) allotted and gave possession of land measuring 6500 sq. meters to the said society on perpetual lease. The construction of residential apartments by the name of Ashoka Apartments commenced thereafter, and was completed in the year 2000-2001. Admittedly, the construction was carried out in compliance with the relevant Building Bye Laws of 1983, (hereinafter, referred to as „BBL, 1983‟).

(ii) The relevant sanction from the Delhi Fire Services (hereinafter, referred to as „DFS‟) was obtained on 04.04.2001.

(iii) It is notable that the BBL, 1983 contemplated that in respect of the apartments in the aforesaid society (hereinafter, referred to as the „Ashoka Apartments‟), being a high rise building of about 15 meters, there will be two staircases, i.e. (i) an enclosed internal stairway, minimum width of which would be 1.25 meters as per Clause 16.3.5(a) of BBL, 1983; (ii) an external staircase on the external wall of the building opening to an open safety area as per Clause 16.3.4 of the BBL, 1983; minimum width of the external staircase would be 75 cm as per Clause 16.4.4(f) of BBL, 1983.

(iv) Sometime around March/April, 2001, after having obtained necessary sanctions from the DDA and the DFS (hereinafter, referred to as the „original sanction‟), the allotment of flats is stated to have been done by draw of lots, in the presence of the representatives of the DDA and the representatives of the Registrar, Delhi Cooperative Societies. The society constructed a total of 88 flats in three blocks, out of which Block A and B comprised of 3 B.H.K. and Block C comprised of 2 B.H.K. Blocks A and C comprise of stilt and seven upper floors, whereas Block B has no stilt and has eight floors. Each floor in every block has four flats.

(v) In the year 2018, the co-operative proposal for furthe