MCD to monitor Society's structural repairs ensuring safety despite majority member satisfaction with ongoing work.

The Petitioner, a member of the Rashmi Apartments (Amrit Cooperative Group Housing Society), filed a writ petition under Article 226 of the Constitution of India seeking a structural safety audit and the appointment of an Administrator to oversee the Society’s affairs due to concerns regarding building safety.

On 23rd March 2026, the Court directed the Registrar Co-operative Societies (RCS) to supervise the repairs and mandated the MCD to inspect the premises.

Pursuant to these directions, the RCS conducted a meeting where 61 out of 64 participating members expressed satisfaction with the ongoing repair work.

However, a subsequent MCD status report identified remaining structural cracks, material distress, and unaddressed repairs in specific blocks.

1. Whether an Administrator should be appointed to take over the affairs of the Society to ensure structural safety.

2. Whether the ongoing repair works are sufficient to ensure the structural integrity of the building.

The Court primarily exercised its discretionary jurisdiction under Article 226 of the Constitution of India to ensure the safety of residents.

It applied the principle of democratic management of cooperative societies, giving weight to the majority consensus of members regarding internal administration.

The Court relied on the statutory oversight duties of the Municipal Corporation of Delhi (MCD) and the Registrar Co-operative Societies (RCS) to monitor building safety and compliance with structural standards.

The Court balanced the technical reports of the MCD with the collective will of the Society's members.

While the MCD report highlighted specific structural deficiencies such as cracks in shafts and beams, the RCS report demonstrated that over 95% of the members involved in the interaction were satisfied with the existing management's work and opposed an independent architect.

The Court reasoned that since a vast majority supported the current trajectory, the appointment of an Administrator was unnecessary at this stage.

To reconcile the technical concerns raised by the MCD, the Court determined that continuous regulatory oversight was required rather than a total takeover of management.

The Court issued a mandatory direction to the Executive Engineer (Maintenance)-II, Keshavpuram Zone, MCD, to conduct monthly inspection visits to supervise the ongoing work and ensure compliance with safety standards.

The Society was granted the liberty to seek assistance from the RCS or MCD as needed.