A member of a cooperative group housing society sought structural safety audit and supervision of repair work. Reports showed a majority of members satisfied with ongoing repairs; MCD found deficiencies but initiated strengthening work. Court left further repairs to the Society with MCD's continued monthly supervision.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 9th July, 2026 Uploaded on: 13th July, 2026
versus
SECRETARY RASHMI APARTMENTS & ORS. .....Respondents Through: Mr. Prag Chawla, Adv. Ms. Vaishali Gupta, Panel Counsel ( Civil ) Gnctd , Adv. for R-2. Mr. Tushar Sannu - Standing Counsel MCD, Mr. Parvin Bansal - Adv & Mr. Ritik Anmol Adv. for MCD. Mr. Yashpal Chauhan, SO for RCS. Ms. Neha Rastogi (Sr. Panel Counsel) with Mr. Rajat Dubey, Advocate for R-4 04 (SHO).
CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE VIKAS MAHAJAN
Prathiba M. Singh, J. (Oral)
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Da te:1 3.07.2026 18:39:19
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W.P.(C) 10050/2025
respect to the inspection and structural safety audit of the building in the Society.
“9. Under the circumstances, this Court is of the opinion that there needs to be some supervision of the work being carried out in the Society. Accordingly, the following directions are issued:
i) The Registrar Cooperative Societies (hereinafter, ‘RCS’) shall Depute a Senior Official, who shall hold a meeting with all the members of the Society on 30th March, 2026 at 11.30 A.M. The RCS official shall ascertain from all the members as to whether an independent architect is to be appointed or whether the members are satisfied with the present work that has been carried out. ii) On the said date, two officials from the Maintenance Department of the MCD, are free to visit the Society so that in the presence of the RCS official, they can also inspect the Society. If an architect from the MCD can be nominated to supervise, the same shall be considered.
iii) The Society through the President shall place on record a detailed affidavit giving the complete details of the repair work undertaken, the process adopted, the architect who was appointed, the funds paid to the architect and for what purpose, as also the remaining repair work that is outstanding. The cost of the remaining work shall also be placed on record.”
Signature Not Verified
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W.P.(C) 10050/2025
Digitally Signed By:DEVANSHU JOSHI Signing Da te:1 3.07.2026 18:39:19
Senior Assistant, who has given a detailed enquiry report. As per the said report,a total of 64 members of the Society participated in the interaction. The details of the persons are as under:-
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Da te:1 3.07.2026 18:39:19
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W.P.(C) 10050/2025
the repair and strengthening work was that the same had been initiated at certain locations, particularly at the stilt level of blocks F and G.
“H. The following issues were particularly noticed:
Signature Not Verified
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W.P.(C) 10050/2025
Digitally Signed By:DEVANSHU JOSHI Signing Da te:1 3.07.2026 18:39:19
Executive Engineer to ensure compliance.
PRATHIBA M. SINGH JUDGE
VIKAS MAHAJAN JUDGE
JULY 9, 2026/MR/SS
Signature Not Verified
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W.P.(C) 10050/2025
Digitally Signed By:DEVANSHU JOSHI Signing Da te:1 3.07.2026 18:39:19
1 issue framed by the court
Whether directions for inspection, structural safety audit and administration of the Society's building repairs were required.
1 provisions across 1 enactments
Pankaj Gupta
Secretary Rashmi Apartments
Prathiba M. Singh
Vikas Mahajan
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.
Judgements on the same questions, provisions and authorities, from every court
