Authorities must execute statutory duties to remove dilapidated structures posing an imminent threat to public safety.

The Petitioners (co-sharers and neighbors) filed a writ petition against the State and Municipal Corporation Raigarh regarding a dilapidated residential-cum-commercial building

Petitioner No. 2 had previously obtained an order dated 05.10.2017 from the Sub-Divisional Magistrate (SDM) under Section 133 of the CrPC, which directed the removal of the structure as it was hazardous to public safety

Despite the order attaining finality, Respondent No. 6 (the occupant and co-owner) allegedly used political influence to prevent execution

The Petitioners sought a writ of mandamus to compel the authorities to demolish the unauthorized and dangerous construction to prevent imminent loss of life during the rainy season

1. Whether the respondent authorities failed to discharge their statutory duties by not executing the final order for removal of a dangerous structure

2. Whether the Court should direct a time-bound inspection and consequential action under the municipal laws to ensure public safety

provisions of the Chhattisgarh Municipal Corporation Act, 1956, which empowers and mandates municipal authorities to inspect and remove dangerous or dilapidated structures in the interest of public safety

Section 133 of the Code of Criminal Procedure (CrPC) regarding the removal of public nuisances and hazardous buildings

principle of the "Rule of Law," emphasizing that administrative authorities must implement their own statutory obligations and final judicial/quasi-judicial orders without being frustrated by personal influence

The court noted that the SDM's 2017 order for demolition remained unexecuted for nearly nine years despite no legal challenge from Respondent No. 6

The Court observed that the structure’s dilapidated state posed a "grave threat" to neighbors and pedestrians, exacerbated by the rainy season

Rather than adjudicating the merits of the property dispute, the Court focused on the "statutory and public duties" of the Municipal Corporation. It accepted the Corporation's submission to conduct a fresh inspection under the 1956 Act

The Court reasoned that a time-bound, reasoned order following due process (notice and hearing) would balance the Petitioners' right to safety with the Respondent's right to be heard, while ensuring the State provides necessary police assistance to enforce the law

The Court held that if the structure is found dangerous, the authorities must proceed with demolition or removal strictly in accordance with the Chhattisgarh Municipal Corporation Act, 1956, within 30 days. The State was directed to provide police assistance if required, and liberty was reserved for the Petitioners to approach the Court again in case of non-compliance