In a writ petition, the petitioner challenged repair work on dangerous flats, seeking orders to stop repairs and reconstruct the buildings. The Court held the decision lay within expert engineer discretion and disposed of the petition accordingly.
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DR. SUKHDEV GAMBHIR ..... Petitioner
Through Mr Madhu Mukul Tripathi and Mr Arvind Kumar, Advocates with petitioner in person.
versus
GOVT. N.C.T. OF DELHI ..... Respondent Through Mr Kushagra Pandey, Advocate Panel Counsel (Civil) GNCTD.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU O R D E R % 23.08.2018
II. Issue orders directions or writs including a writ in the nature of mandamus directing the Respondents to reconstruct the said flats as categorically advised by Department of Civil Engineering, Indian Institute of technology Roorkee (IITR), Roorkee.”
The petitioner submits that the said flats had been declared dangerous and unfit for occupation; therefore, they are either required to be extensively repaired after evacuating all the occupants or reconstructed after being demolished. The petitioner has also relied on the report submitted by Mr Bhupinder Singh, Assistant Professor, Department of Civil Engineering, Indian Institute of Technology, Roorkee in August, 2012 whereby, it was recommended as under:-
“Considering the observed levels of distress in the building stock under reference and keeping in mind the causative factors and the fact that the buildings will have to be completely evacuated for an extended period of time should the extensive repairs and rehabilitation which is required be attempted, and the cost and effort involved in such an exercise, it is recommended that careful consideration may be given to the option of completely demolishing the buildings under reference and replacing them with a relatively high density housing complex designed and constructed to modern design codes”
concerned Chief Engineer of the PWD would examine the averments made in the petition and take an informed decision.
VIBHU BAKHRU, J
AUGUST 23, 2018 pkv
1 issue framed by the court
Whether the Court should issue directions directing the Respondent to stop repair/renovation work on dangerous double-storeyed flats and reconstruct them based on an IIT report.
DR. SUKHDEV GAMBHIR
GOVT. N.C.T. OF DELHI
VIBHU BAKHRU
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
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