ORAL JUDGMENT [Per A.H. Joshi, J]: 1. This Court had taken suo moto cognizance of news items of dangerous and dilapidated structures in the Nagpur City which were not, or could not be demolished. Pleadings are complete. Hence Rule. Rule is made returnable forthwith and is heard by consent. 2. Various orders were passed by this Court from time to time directing the Respondent Nos. 3 and 4 to furnish:- [a] Lists of Dangerous and Dilapidated Buildings, and [b] details of proceedings pending before various Courts, due to which the work of removal of dangerous and dilapidated buildings could not be completed. 3. The respondent nos.3 and 4 have furnished on record the Lists of Dilapidated Structures along with Lists of Cases pending in the form of :- [i] appeals pending before the Deputy Municipal Commissioner. [ii] Cases pending before different courts. 4. Respondent No.4-Nagpur Improvement Trust has filed an affidavit, and has indicated that under Section 289 of the City of Nagpur Corporation Act, the statutory obligation as to removal of dangerous and dilapidated structures is fastened on the Nagpur Municipal Corporation who as well is the Planning and Local Authority under the Maharashtra Regional & Town Planning Act. 5. Civil Application No. 7717 of 2007 is filed by one Shri J.N. Ghosekar giving a long List of Cases pending in various Courts, which are posing an obstacle in pulling down the dangerous structures. This list also contains cases pending in Labour Court, which seem to be irrelevant for the present proceedings, and this part of the list can be ignored. 6. Civil Application No. 6571 of 2008 is filed by five applicants, who are the owners of five buildings, subjectmatter of notices of demolition, and want to intervene, saying that certain houses included in the List of Dilapidated Structures at Sr. Nos. 9, 17, 19 and 20 are not dilapidated and dangerous. 7. Civil Application No. 3206 of 2007 is filed by twenty-two tenants residing in various tenements situated in Sangam Chawl owned by applicants in Civil Application No. 6571 of 2008. These applicants are opposing the inclusion of the houses in their possession in the List of Houses which need demolition. They are urging that their houses are single-storeyed and well maintained by the tenants, i.e., the applicants and are not dangerous and those do not call for demolition. These applicants are opposing the inclusion of the houses in their possession in the List of Houses which need demolition. They are urging that their houses are single-storeyed and well maintained by the tenants, i.e., the applicants and are not dangerous and those do not call for demolition. This application is supported by the Certificate of Structural Engineer. Umesh Patnaik, certifying worthiness and stability of construction of these houses. 8. It is seen from various orders passed by this Court from time to time that, the Advocate for Respondent No.3 has informed this Court that many of the dangerous structures, which were in dilapidated status, have been pulled down from time to time. 9. Today, at the time of hearing, learned Advocate Mr. S.K. Mishra has orally informed this Court that out of thirty-three structures, which needed immediate demolition, and can be demolished, about ten structures are yet to be pulled down which work will be done in a short-while. 10. In so far as various other structures in relation to which notices are issued, but demolition is not commenced, are concerned, it is clear from statements of Adv., for Respondent No.3 and orders passed by this Court from time to time that those fall in following categories, namely:- [a] The dilapidated structures, in relation to which cases are pending in the form of suits etc., and where interim orders are operating against the Corporation, cannot be immediately demolished. [b] Dilapidated buildings where the structure is in a dangerous state and there is no interim order, though proceedings are pending, need to be demolished in accordance with law without loss of time. [c] The cases, which are pending before the Deputy Commissioner by way of appeals under City of Nagpur Municipal Corporation Act and no interim stay is granted, need to be taken up for immediate action according to law. [d] The cases pending before the Deputy Commissioner falling in Category No.1, namely where interim order is granted, need to be decided expeditiously by Deputy Municipal Commissioner. [d] The cases pending before the Deputy Commissioner falling in Category No.1, namely where interim order is granted, need to be decided expeditiously by Deputy Municipal Commissioner. [e] In all cases where demolition is to be taken up, the procedure, such as verification of repairability is to be assessed unless already done, and if it is found that the building is not not in repairable condition, after following principles of natural justice and giving opportunity of hearing to the owner/occupant, the process of demolition be completed expeditiously in accordance with law and orders of Courts. 11. The points noted in the foregoing para, which are emerging from rival pleadings and various orders of this Court, need to be made a rule of Court by giving certain additional directions. 12. Importance of demolition of dilapidated and dangerous buildings is not a matter on which further dilation and reasons are required. 13. This Court, therefore, passes following order:- [1] Cases of houses where no legal proceedings are pending and houses are in a dangerous and dilapidated status should be immediately taken up for demolition in accordance with law. [2] Cases of dilapidated buildings for which demolition notices are issued and are pending either before the Civil Court, District Court, Deputy Commissioner, or any other forum and no interim relief is operating against the respondents, be demolished immediately according to law. [3] The cases of dilapidated houses where proceedings are pending before the Deputy Commissioner be taken up by the Deputy Commissioner for hearing on day-today basis and be decided, in any eventuality, on or before 31st January, 2009, and action, as may be permissible thereafter, be taken in accordance with law. [4] Cases, which are pending in Civil Court as are seen from the lists placed on record by respondent no.3, respondent no.4 as well as Shri Jitendra Ghosekar, be forwarded by Adv. Shri S.K. Mishra to the Municipal Corporation. The Commissioner shall himself ensure that a review of all cases is taken, and all measures of assistance are taken to enable the Court for making the cases ready. District Judge, Nagpur, be requested to direct the Courts concerned to take up the matter for hearing peremtorily. Shri S.K. Mishra to the Municipal Corporation. The Commissioner shall himself ensure that a review of all cases is taken, and all measures of assistance are taken to enable the Court for making the cases ready. District Judge, Nagpur, be requested to direct the Courts concerned to take up the matter for hearing peremtorily. [5] In the cases where interim orders are operating and the houses are in dangerous condition requiring immediate action, such as repairs, pulling down etc., the Corporation should move the Court with supporting evidence, and whenever such cases are moved, the Court concerned would give top priority to such cases for immediate orders as may be permissible in law. [6] In the process of demolition, whenever observance of principles of natural justice is contemplated, the Competent Authority will observe the same and pass orders according to law by giving hearing to owners plus occupants, such as interveners. 14. Writ Petition as well as applications for intervention are disposed of by making the Rule absolute in terms of Para 13. Ordered accordingly.