Interim relief to occupy premises is denied when a structural stability report confirms the building is in a dangerous and dilapidated condition, especially if the parties refuse to keep the premises sealed for safety.

ORAL ORDER

1. This petition is filed challenging the notice dated 10.12.2025 (Annexure-A, Page No. 15), whereby petitioners have been directed to vacate their premises (shops in question) on account of its dilapidated and dangerous condition. The notice dated 10.12.2025 has been issued basis the Structural Stability Report of L.D. Engineering College, carried out pursuant to directions of this Court dated 08.10.2025 in Special Civil Application No. 13775 of 2023.

2. Heard Learned Advocate Mr. Daxesh Barot for the petitioners. Learned Advocate submitted that this is the sole business premises of the petitioners and in absence of any other place of business respondents may be restrained to act upon the notice dated 10.12.2025. All the petitioners are owner by way of registered sale deed in their favour. Further, the first and second floor structure which is subject matter of SCA 133775 of 2023, was never constructed. Therefore, directions in that petition would not be relevant.

3. Further, by next date of hearing the petitioners will join the owners of first and second floor as party respondents.

4. Considering the submissions, issue Notice returnable on 22.01.2026.

5. Learned advocate at this stage requested to grant interim relief on the ground that on account of some ownership dispute the petitioners are restrained from using these shops. Further, the respondent - Corporation is in process of disconnection of electricity and drainage, and, therefore, at this stage, interim relief is required.

6. Having considered the submissions, it is noticed that the issue pertains to demolition of ground floor structure of the premises known as Kabir Chambers. The said premises being in dilapidated and dangerous condition, the Municipal Corporation initiated action by issuance of notice dated 10.12.2025. Reference of earlier petition filed i.e Special Civil Application No. 13775 of 2023 and the order dated 08.10.2025 is made. If the order dated 08.10.2025 is perused then it refers to the Structural Stability Report to be carried out by L D Engineering College with the consent of the petitioners herein. In Special Civil Application No. 13775 of 2023, since the Structural Stability Report placed on record was questioned by the petitioners herein, this Court directed to carry out a fresh Structural Stability Report with the consent of the present petitioners and accordingly work was entrusted. Despite that, upon a report of L.D. Engineering College, the petitioners are seeking to use the premises which is in dangerous and dilapidated condition.

7. In view of above, and since the petitioners are not ready to keep the premises vacant and remained under seal and that suggestion having been denied by Learned Advocate for the petitioners, and wanted to use the shops in question, this Court deems it appropriate not to grant interim relief, at this stage. The ex-parte interim relief is therefore rejected.