Delhi High Court
Shri Parminder Singh vs M/S Uk Nursing Home And Ors. on 3 March, 2020
$~16 & 17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on 3rd March, 2020
+ W.P.(C) 9613/2019
SHRI PARMINDER SINGH ..... Petitioner
Through: Mr. Jatin Sharma, Advocate
Versus
M/S UK NURSING HOME AND ORS ..... Respondent
Through: Mr. Ashish Kothari, Mr. Devrang
Gautam and Ms. Mansi Vaid, Advocates for R-1.
Mr. Gautam Narayan, ASC (GNCTD) with Ms.
Dacchita Shahi and Ms. Shivani Vij, Advocates
for R-2, 3, 5, 6 & 7.
ASI Dushiant Bahl, P.S. Vikas Puri.
Mr. Rajan Sabharwal, SC with Mr. Vikas Dutt and
Mr. Naval Kishor, Advocates for R-4/NDMC.
+ W.P.(C) 9614/2019
SHRI PARMINDER SINGH ..... Petitioner
Through: Mr. Jatin Sharma, Advocate
Versus
M/S AMIT NURSING HOME AND ORS ..... Respondent
Through: Mr. Aaditya Vijay Kumar and Ms.
Akshita Katoch, Advocates for R-1.
Mr. Gautam Narayan, ASC (GNCTD) with Ms.
Dacchita Shahi and Ms. Shivani Vij, Advocates
for R-2, 3, 5, 6 & 7.
ASI Prem Ram Arya, P.S. Hari Nagar.
Mr. Rajan Sabharwal, SC with Mr. Vikas Dutt and
Mr. Naval Kishor, Advocates for R-4/NDMC.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TALWANT SINGH
Signature Not Verified W.P.(C) 9613 & 9614 of 2019 Page 1 of 5
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:11.03.2020 13:17
JUDGMENT
: D.N. PATEL, Chief Justice (Oral)
1. These Public Interest Litigations have been preferred with the
following prayers:-
"(a) issue a Writ of Mandamus, a Writ in the nature of
Mandamus and/or any other appropriate writ, order and
direction ordering and/or directing the Respondent no. 1
to ensure that fire safety and life safety measures in the
premises of the Respondents no.l is in accordance with
the requirements of the national building code of
India,2016 as amended, and other existing local laws;
b) issue a Writ of 'Mandamus, a writ in the nature of
Mandamus and/or any other appropriate writ, order and
direction ordering and/or directing the Respondent no. 7
to seal the premises of the Respondents no.l forthwith
who has carrying illegally the hospital/ nursing home
business and violated the fire safety and life safety
measures in building;
c) to issue a Writ in the nature of Mandamus and/or
directing he Respondents' no. 2 to 7 for developing as
"Audit Mechanism" so that quarterly or 'an yearly audit
can be conducted over the existing buildings in Delhi and
NCR in regard to maintenance of updated status of the
building of public access, shopping complexes, malls,
banquet Halls, Schools, educational institutions.
Hospitals and nursing home etc.;
d) to issue a Writ in the nature of Mandamus and/or
other appropriate writ, order and direction ordering
and/or directing the respondents to implement the third
party audit mechanism of the high rise building of Delhi
and NCR after completion of the construction work and
seal the entire constructed buildings which violated the
building bye laws/ norms and supported the
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:11.03.2020 13:17
illegal construction of buildings of hospitals, nursing
homes etc. and carryout an investigation about granting
sanction/ permission or 'issuance of NOC in the said
properties by the authorities concerned formed in this
regard;
e) to issue a Writ in the nature of Mandamus and/or any
other appropriate writ, order and direction ordering
and/or directing the ordering directing the respondents
to fix the liability upon the erring officials, developer and
owners of the such buildings, hospitals or nursing homes
etc. for the appropriate compensation to the victims in
view of the judgment of the Hon'ble Supreme Court of
India in the case of "Nila Behera (Smt.).vs. .State of
Orissa" reported in 1993 (2) see 746 this Hon'ble court
held".... acclaimed public law for compensation for
contravention of rights and fundamental rights and
freedoms is an acknowledged remedy for enforcement
and protection of such right...." ;
f) to issue a Writ in the nature of Mandamus and/or any
other appropriate writ, order and direction to the
respondents that no completion certificate or occupation
certificate should be issued for any building of hospital
or nursing home etc unless the developer obtains
certificates from the concerned authorities to the effect
that the building of hospital or nursing homes etc has
been constructed in accordance with the requirements of
the National Building Code of India, 2016;
g) to issue a Writ in the nature of 'Mandamus' and/or any
other appropriate writ, order and direction to the
respondents no. 7 to seal the entire buildings/business
premises of the respondent no.1 or the hospitals, nursing
homes etc. and also to cancel the registration certificate,
which have violated the basic norms of obtaining N.O.C.
from the fire department;
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:11.03.2020 13:17
h) to issue a Writ in the nature of Mandamus and/or any
other appropriate writ, order and direction to the
respondents no. 2 to 7 to make appropriate Fire
insurance coverage and to be made it mandatory for all
Shopping Complexes, business premises, factories,
hospitals, nursing homes, Buildings, Malls, restaurants,
banquets and schools etc.;
i) to issue a Writ of Mandamus, a Writ in the nature of
Mandamus and/or any other appropriate writ, order and
direction to the respondents to take appropriate legal
actions against the violators if anyone caught of violating
these must needed rules and regulations on fire safety
and building construction during checking, then rather
penalizing them, their license must be cancelled
temporarily or permanently on the basis of level of
violation.
j) Such other or further awards may kindly be passed and
relief granted in favour of welfare of general public at
large and against the Respondents as the Hon'ble Court
may deem fit and proper under the circumstances of the
case.
k) That the Petitioner has the means to pay the cost, if
any, imposed by this Hon'ble Court and on an
undertaking to the court in that respect."
2. Having heard learned counsel for both the sides and looking into the
facts and circumstances of the case, it appears that the non observation of
fire safety norms by the concerned authorities for the buildings in question
are highlighted in these writ petitions.
3. Learned counsel for respondent No.1 has filed a detailed counter
affidavit in W.P.(C) No. 9613/2019. Similarly, respondent No.1 has also
filed a counter affidavit in W.P.(C) 9614/2019. Respondents No. 4, 5 and 6
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:11.03.2020 13:17
have also filed counter affidavit in W.P.(C) 9613/2019 as well as in W.P.(C)
9614/2019.
4. Looking to these counter affidavits it appears that the respondents
have now started taking actions for violation of the aforesaid fire safety
norms in the building in questions. Show cause notices have been given by
the respondents to the owners/occupiers of the premises in question,
specifically Nursing Home. The Committee has also been constituted by
Delhi Government and it is assured by the counsel for respondent No.1 that
whenever there is a violation of the fire safety norms, action shall be
initiated in accordance with law, rules, regulations and Government policies
applicable to the facts of the case.
9. In view of the above, we see no reason to further monitor this case.
The respondents shall continue to take action for any violation of the fire
safety norms by the owners/occupiers in accordance with law, Rules and
regulations and Government policies to the facts of the case after giving
adequate opportunity of being heard to the owners/occupiers.
10. With these observations, these writ petitions stand disposed of.
CHIEF JUSTICE
TALWANT SINGH, J.
MARCH 03, 2020
Aj
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:11.03.2020 13:17
