All India Lawyer'S Union (Delhi ... vs Union Of India
2000 Latest Caselaw 604 Del

ORDER

C.W. No. 3678/99 and C.M. 7406/99:

1. On May 31, 1999 at about 3.30-4.00 p.m. a bail of fire, which was proceeded by an explosion emanated from the godowns of M/s. Aligarh Trans- port Company, 1898, Lal Kuan, Delhi. The fire spread to several near by buildings. As a result of the incident 57 persons lost their lives, while 27 others suffered injuries ranging from minor to serious ones. A magiste- rial enquiry was ordered into the incident of fire. As per the report of the enquiry dated May 31, 1999 the incident occurred due to the negligence on the part of M/s. New Aligarh Transport Company in handling highly explo- sive Chemicals stored in its godown. The report reveals that whole of the walled city is lined with booking offices and godowns of transporters. These transporters because of paucity of space, keep most of the consign- ments outside their offices causing traffic congestion. Besides Chemicals and other hazardous substances are handled by them without having any safe storage facilities for the same. The report notes that in the congested areas of the walled city it was not desirable to allow trade in hazardous Chemicals including storage & transportation thereof and such activities should be immediately shifted to the peripherals areas of Delhi where proper standard of safety could be ensured. The situation in the area was described as follows :-

"This incident as well as other major fires which broke out in Khari Baoli and Tilak Bazar area in 1996, have clearly shown, that, the storage, trading and transportation of hazardous chemi- cals in, to and from Tilak Bazar, Lal Kaun and other areas into a tinder-box, endangering the lives and property of those who are involved in the trade, but also of other persons in the walled city, who have to visit these areas or other business. It is like a keg of powder, which can go up any time in flames, causing huge, loss of property and lives of citizen."

2. While holding M/s. New Aligarh Transport Company responsible for the incident, the report makes the following recommendations:-

1. Area should be declared 'No Traffic Zone'. In case that is not feasible, then traffic should be strictly regulated and all steps taken to reduce traffic congestion.

2. The wholesale Chemicals Trading Market should be shifted out to peripheral areas of NCT of Delhi.

3. Till the time the market is shifted, no unauthorised trading in dangerous or hazardous Chemicals should be allowed by the regulatory authorities like MCD or Delhi Police.

4. The booking offices/godowns of transporters must be shifted out of the walled city to peripheral areas to reduce congestion on the roads and to minimise fire and other hazards.

5. A vigorous campaign should be launched against unauthorised construction and conversion of residential houses into markets, to reduce traffic congestion and unauthorised storage of hazard- ous material, thereby endangering public safety.

6. A massive public awareness campaign should be launched to educate the public regarding preventive measures to be taken to minimise the risk of fire. Adequate fire safety measures should be insisted to be adopted by the traders.

3. The report also points out that the present incident is not the only incident of fire which has taken place in the walled city. In the past there were number of major fires for the reasons of storage, handling & transportation of hazardous Chemicals in which at least 55 peoples were killed and over 500 shops were gutted. Earlier enquiry reports had inter alia recommended that the heavily congested areas of old Delhi need to be decongested expeditiously and he Chemicals market from the walled city should be shifted on priority basis. A similar incident of fire had also taken place on February 6, 1995 in Jawalapuri PVC Market where several shops were burnt and valuable lives were lost.

4. Learned counsel appearing for the MCD and the NCT of Delhi state that the market is to be shifted to Gazipur area. They point out that land has been identified. They also state that the area is yet to be developed by the DDA.

5. We are surprised to find that in a case of this nature where lives of the citizens are at stake, the authorities are moving at a snail's pace. Already several people have died due to the storage of hazardous Chemicals in the congested locality. One wonders how many more lives will be lost before the wholesale market is shifted from the walled city. The authori- ties must act with utmost despatch so that there is no further loss of life.

6. In the circumstances, we direct the DDA to give top priority in de- veloping the Gazipur area so that the wholesale Chemicals market could be shifted out of the walled-city. The entire exercise of development and allotment of the site at Gazipur should be completed by the DDA within the period of three months and the shifting of market must take place within four months from today. In the meantime, the booking offices/godowns of transporters can not be allowed to function from the walled-city. Accordingly, the authorities shall not permit the running of booking offices/godowns of the transporters in the walled-city. An immediate survey of the walled city should be conducted by the MCD to locate the premises where unauthorised trading in and storage of dangerous or hazardous Chemicals may be taking place. Wherever such activities are found to be taking place, they shall be stopped by the authorities concerned immediately. In case the unauthorised trading in dangerous or hazardous Chemicals is allowed to take place, the DCP of the area concerned and the Assistant Commissioner (City Zone), MCD shall be held personally responsible for the same. A report of the inspection/survey conducted by the MCD shall be filed in this Court within four weeks. A copy of the same shall also be sent to the DCP of the area and the Assistant Commissioner (City Zone). Learned counsel for the NCT of Delhi shall inform us on the next date as to what action has been taken against the persons who were responsible for the incident.

7. At the oral request of learned counsel for the petitioner. DDA is imp leaded as party/respondent. Fresh memo of parties be filed within two days.

8. Issue notice to the DDA in the writ petition as also in the application, through Standing Counsel.

9. A copy of this order be given DASTI to the leaned counsel for the Govt. of NCT of Delhi under signatures of the Court Master. He shall circu- late a copy of the same to the concerned authorities.

List on 12th September, 2000.