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2021 (7) TMI 1395 - SC - Indian LawsPower of the High Court in exercising extraordinary writ jurisdiction under Article 226 - assessment of conflicting technical reports - removal / repair of the wall of the adjoining property - The Appellant submits that, the structures being interlinked, structural repair of any one structure would affect the stability of the adjacent structure. HELD THAT:- the High Court has committed a serious error in directing removal of a wall with the assistance of M/s. Shetgiri and Associates, when there were conflicting reports including an earlier report of the Technical Advisory Committee on the basis of the opinions of other Architects, declaring the building to be of the C-1 category. It is well settled that the High Court exercising its extraordinary writ jurisdiction Under Article 226 of the Constitution of India, does not adjudicate hotly disputed questions of facts. It is not for the High Court to make a comparative assessment of conflicting technical reports and decide which one is acceptable. It is not understood how the High Court could have been satisfied that the stability of the building could be restored by repair in the manner directed. The High Court patently erred in passing the impugned order. The impugned order cannot be sustained. The appeal is, accordingly, allowed, for the reasons discussed above. The impugned final judgment and order is set aside and the writ petition is dismissed.
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