The Delhi High Court has granted liberty to a tenant to raise objections before the District Judge (Central), Tis Hazari Courts, against a structural safety report submitted by IIT Delhi, which declared the tenanted building “dangerous” without physically inspecting the portion occupied by the petitioner.
Justice Mini Pushkarna noted that since the petitioner had already filed an appeal before the District Judge challenging the rejection of his injunction plea under Order XXXIX, Rules 1 & 2 CPC, all grievances related to the IIT report and structural assessment could be addressed in that pending appeal.
The petitioner, a tenant in a building declared dangerous by the Municipal Corporation of Delhi (MCD) based on IIT Delhi’s report, approached the High Court, arguing that the IIT report was prepared without physically inspecting the portion he occupies, thereby affecting his tenancy rights.
The Court held that since the petitioner has already filed an appeal pending before the learned District Judge and objections with regard to the IIT report have also been filed in the said appeal, the petitioner is granted liberty to raise all objections with regard thereto before the District Judge.
The Court also recorded that the petitioner may file the latest photographs and supporting documents before the District Judge.
Appearances
Petitioner- Ms. Zubeda Begum, Mr. Ayush Gandhi and Ms. Hardeep Kaur, Advs.
Respondent- Mr. Bharat Malhotra, Adv.
