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2026 Supreme(Online)(Del) 694
IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Bansal, J
Farhat – Appellant
Versus
Govt. Of Nct Of Delhi – Respondent
W.P.(C) 7968/2023
For the Appellants/Petitioners: Sonal Sinha
For the Respondents: Abhinav Sharma, Mahender Shukla
The Court holds that municipal authorities are empowered and obligated to execute the demolition of structures identified as dangerous by expert structural assessments to ensure public safety and prevent collapse, provided the action is restricted to the specific portions deemed unsafe.
Headnote:The petitioner filed a writ petition seeking an order for the demolition of a property declared dangerous by the municipal authorities. Following an independent structural safety assessment ordered by the court, the structural engineer certified that portions of the building were unsafe and posed a significant risk of collapse. The primary issue before the court was the immediate necessity to address the structural integrity of the property to prevent potential loss of life and property. The court analyzed the structural engineer's findings, which identified specific dangerous portions, and determined that the municipal authority was mandated to take necessary demolition actions for those identified unsafe areas to protect the public and occupants. The writ petition is disposed of with a directive to the municipal authority to execute the demolition of the dangerous northern and southern portions of the property in strict accordance with the structural engineer's report, while leaving the stable portions identified in the report intact.
| Table of Content |
|---|
| 1. court reliance on expert structural reports to determine the necessity of demolition. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. judicial directive for limited demolition based on verified structural findings. (Para 8 , 9) |
O R D E R
1. The present writ petition has been filed seeking orders thereby directing the respondents no.1 to 3, to demolish the building bearing property No.814, Katra Hiddu, Farash Khana, Delhi-110006 (hereinafter the ‘subject property’), which has been declared dangerous by the Municipal Corporation of Delhi (“MCD”).
2. Attention of this Court has been drawn to the order dated 21st February, 2024, wherein inspection of the property was directed to be done by the MCD. Pursuant thereto, the MCD has filed its Status Report dated 1st November, 2023, wherein it has been stated as follows:
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2. That the property bearing no.814, Katra Hiddu, Farash Khana, Delhi-110006 was inspected again on 30.10.2023 wherein it was noticed that some portion of the property is in dilapidated condition. The property measures approx 350 sqm. There is an open courtyard measuring approx 75-100 sqm. in the centre and around that the building has been constructed on all the four sides. Some of the points based on visual inspection of the property in question with the naked eye from outside are as under:-
1. The above said property consists of an open courtyard in the centre and around that the building has been constructed on all the four sides.
2. The construction on one side of the property consists of Ground Floor, First Floor, Second Floor and part Third Floor. Some part of the building at ground floor seems to be disoriented and out of alignment.
3. Vertical and diagonal cracks are also observed on load bearing walls.
4. Some walls are not in alignment and a portion of the wall is tilting outwards.
5. The maintenance of the building is found to be of very low quality.
6. Settlement in a portion of the floor has also been served.
7. That two portions on two sides of the property comprises ground floor only and from visual inspection from outside the same does not appear to be in ruinous condition.
8. That in the fourth side of the property, an area of approx 75-100 sqm. comprises of ground floor and walls at first floor and a small room at second floor. The roof of the first floor in this portion has already been collapsed. The said portion is in a ruinous condition and is lying abandoned.
3. That it is respectfully submitted that in view of the observation, notices dated 01.11.2023 under section 348 & 349 of the DMC Act have been issued to the owners/occupiers directing them to vacate the property in question and demolish the dangerous portion marked in the said notices. A copy of said notices dated 01.11.2023 issued under section 348 & 349 of the DMC Act are annexed herewith as Annexure-A(Colly). The photographs showing current status of the property in question are also annexed herewith as Annexure-B(Colly).
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3. It is submitted on behalf of the respondent no.2/MCD that in view of the fact that the construction in the building in question was found to be dangerous, the MCD fixed a demolition program in the subject property on 27th February, 2025, along with the police officials from Police Station Lahori Gate, Delhi. However, the respondents no.5 and 6 obstructed the said demolition.
4. In the order passed by the Predecessor Bench on 28th April, 2025, this Court had directed MCD to engage a Structural Engineer to inspect the property in question and it was further directed that the Structural Engineer shall file his report with regard to the structural stability of the building.
5. On the next date of hearing, i.e., 21st May, 2025, at the request of counsel for the respondents no.5 and 6, MCD was directed to engage the services of a Structural Engineer from IIT, Delhi with a direction that the cost of the said Structural Engineer shall be borne by the respondents no.5 and 6.
6. During the course
