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Order 3

CNR DLNE03000691202612 Sept 2026
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Order 3 · 12 Sept 2026 · CNR DLNE030006912026

Order Details: COPY OF ORDER
Pdf Text: 6 Civ Suit 408/26
MOINUDDIN
Vs.
FIRASAT KHAN
14.09.2026
As per notification of Hon'ble High Court of Delhi bearing Endst. No. 1845-
1896/G-4/Genl.-I/DHC dated 21.08.2026, 12.09.2026 was declared as court sitting
day in lieu of holiday declared for 27.08.2026.
As per notification bearing Endst. No. 1953-2004/G-4/Genl.-I/DHC dated
08.09.2026 of Hon'ble High Court of Delhi, 12.09.2026 was declared holiday on
account of BRICS Summit, so file is being taken up today.
Present: Sh. Mohd. Akram, Ld. counsel for plaintiff
alongwith plaintiff.
D-1/Firasat Khan in person.
Sh. Mukesh Sharma, Ld. counsel for D-2/MCD.
WS filed by D-2/MCD. Copy supplied to plaintiff.
Ld. counsel for plaintiff furnished two photographs
on one page and submitted that the entire fifth floor is dangerous
in nature as it can be seen from photograph that there is not even
single pillar in fifth floor and this fifth floor can fall anytime as it
is constructed only with bricks, so, this fifth floor needs to be
declared as dangerous and residence of suit property also to be
evacuated in order to avoid any untoward incident. It is further
submitted that the fifth floor is having supply of electricity meter
which is exceeding the permissible height of construction as per
Builiding Bye-laws, 2016 and BSES is also under obligation to
not to provide electricity connection at fifth floor in the building.
It is further submitted that there are five electricity meters in the
suit property and all are domestic in nature i.e. for residential
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purpose. Ld. counsel for plaintiff prays for immediate action
from D-2/MCD for dangerously constructed building.
Copy of ordersheet be sent to DC concerned to file
report on above points raised by Ld. counsel for plaintiff.
The copy of ordersheet be also sent to BSES, DGM
Office, 66KV Grid Station, Bhagirathi, near Gokul Puri Police
Station, Yamuna Vihar, Delhi-110094 for filing report on the
legality of five meters in suit property.
Matter be relisted on 23.09.2026 at convenience of
Ld. counsel for defendant.
AJAY KUMAR MALIK
JSCC/ASCJ/G.JUDGE (N/E)
14.09.2026
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