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2026 Supreme(Online)(Del) 804
IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Bansal, J
Mannu Shanker – Appellant
Versus
Municipal Corporation Of Delhi – Respondent
W.P.(C) 16826/2025 | CM APPL. 69153/2025
For the Appellants/Petitioners: Prince Kathuria
For the Respondents: Gaganmeet Singh Sachdeva, Harshpreet Singh Chadha, Hridyesh Khanna
Municipal authorities have the legal authority to declare a structure as dangerous and order its demolition or vacation when structural assessments confirm that the building has outlived its functional lifespan and is unsafe for habitation.
Headnote:The petitioner challenged orders issued by the local municipal authority declaring a property as a dangerous structure and directing its demolition and vacation. Upon court-ordered re-inspection, the authority reported that the building was over 40 years old, had outlived its structural life, and that minor repairs provided insufficient reinforcement for safe habitation. The court observed that the property remained in a dilapidated condition and upheld the administrative directives. The central issue was whether the municipal authority's assessment of the building as dangerous was legally sound and based on accurate structural assessment. The court reasoned that since the structural integrity of the building was compromised and had outlived its functional lifespan, the municipal authority acted within its powers to ensure public safety. The court emphasized that minor aesthetic repairs cannot override findings of structural instability. The writ petition was dismissed as devoid of merit.
| Table of Content |
|---|
| 1. assessment of structural instability by municipal authorities. (Para 1 , 2 , 3 , 4 , 5) |
| 2. judicial deference to administrative findings on dangerous structural conditions. (Para 6 , 7 , 8 , 9) |
O R D E R
% 09.01.2026
1. The present writ petition has been filed challenging the order dated 8th August, 2025 and 3rd September, 2025, issued by the Municipal Corporation of Delhi (‘MCD’).
2. By way of the order dated 8th August, 2025, issued by the MCD, the property in question, i.e. property bearing No. 4191-4193, approximately 450 sq. yards, Arya Pura, Indira Market, Subji Mandi, Delhi-110007, has been declared as a dangerous structure and directions have been given to the petitioner to demolish the said dangerous building. The order dated 3rd September, 2025 has been issued by the MCD to the owner/occupier of the said property, with the directions to vacate the aforesaid building, which is in a dangerous condition.
3. Vide order dated 20th November, 2025, the Court had ordered a re-inspection of the aforesaid property by the MCD to assess the structural stability of the building in question.
4. Pursuant to the aforesaid order, the property has been re-inspected by the MCD on 17th December, 2025 and a status report has been filed by MCD.
5. The relevant extracts from the said status report filed by the MCD are set out below:
2. That vide order dated 20.11.2025, as per direction, property in question re-inspected by the field staff on 17.12.2025 to assess the structural stability of the building i.e. 4191-4193, Arya Pura, Indira Market, Subji Mandi, Delhi-110007. Upon inspection, it is noticed that minor repair works like plastering, painting /whitewashing along with supports in the shape of columns /structural steel has been carried out. Photographs taken at the time of inspection are attached as “Annexure A Colly”
3. That it is further submitted, the existing structure is very old and as per local enquiry, it is more than 40 years old. The structure is a load bearing structure and has already outlived its life. That the minor repair works carried out does not provide strength to the existing structure and can't be termed as safe for habitation. The property is still dangerous and dilapidated in condition though there is no visible cracks after repair work carried out by the owner/occupier of the property.
4. That the department has also received notice u/s 152 BNSS from SDM, Civil Lines wherein it is specifically mentioned that local Police has found that the building is in dangerous condition and issued a notice. Copy of the notice is enclosed herewith as “Annexure B”. The proceeding before SDM is also pending.
6. A perusal of the aforesaid status report clearly demonstrates that the structure of the building is more than 40 years old and has outlived its life. The report also states that the minor repair works carried out in the said building do not provide strength to the existing structure and hence, cannot be termed as safe for habitation.
7. Therefore, no infirmity can be found in the impugned order passed by the MCD on 8th August, 2025 and 3rd September, 2025.
8. This Court does not find any merit in the present petition.
9. Accordingly, the petition is dismissed. Pending application stands disposed of.
