Delhi High Court
Anti Corruption Council Of India ... vs Government Of Nct Of Delhi And Ors on 25 January, 2021
$~16.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 25th January, 2021.
+ W.P.(C) 10987/2020
ANTI CORRUPTION COUNCIL OF INDIA TRUST THROUGH:
ITS AUTHORISED SIGNATORY IMRAN.A ..... Petitioner
Through: Mr.Ashok Kumar Singh, Mr.Hussain
Mueen Farooq, Ms.B.Sudha, Mr.Kamran Khan,
Ms.Reeta, Ms.Anuradha, Advocates
Versus
GOVERNMENT OF NCT OF DELHI & ORS ..... Respondents
Through: Mr.Naman Jain, Adv. for Mr.Sanjoy
Ghose, ASC for R-1&2/GNCTD.
CORAM:
HON'BLE THE CHIEF J USTICE
HON'BLE MS. J USTICE J YOTI SINGH
J UDGMENT
: D.N.PATEL, Chief J ustice (Oral)
Proceedings in the matter have been conducted through video
conferencing.
C.M.No.34361/2020(exemptions)
Allowed, subject to all just exceptions.
The application is disposed of.
W.P.(C) No.10987/2020
1. This public interest litigation has been preferred with the following
prayers:-
"a. Directing respondents No.1 to 3 for taking appropriate
steps in getting the hospitals for obtaining NO Objection
Certificate from Respondent No.2 to avoid the
mishappening in the hospitals of Delhi.
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:31.01.2021
18:34:51
b. Direct the respondent No.2 to inspect the proper fire
equipment on monthly basis in the hospitals of Delhi and
to hold detailed investigation to avoid such accident by
revealing the construction or designing defect of the
building.
c. Pass such further or other orders, which this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the case in the interest of justice."
2. Looking to the facts and circumstances of the present case, it is
evident that the issues raised in the present petition are under consideration
before the Hon'ble Supreme Court in Suo Motu Writ Petition (Civil)
No.7/2020, wherein a detailed order has been passed on 18th December,
2020, directing all the States and Union Territories to file affidavits with
respect to the Fire Safety Certificates to be obtained by the hospitals,
amongst other issues. Relevant portion of the order of the Supreme Court
reads as follows:-
"3. ...... .... .... We with regard to above, issue following
directions:-
1) All States/Union Territories should appoint one nodal
officer for each covid hospital, if not already
appointed, who shall be made responsible for
ensuring the compliance of all fire safety measures.
2) In each district, State Government should constitute a
committee to carry fire audit of each Covid hospital at
least once in a month and inform the deficiency to the
management of the hospital and report to the
Government for taking follow up action.
3) The Covid hospital who have not obtained NOC from
fire department of the State should be asked to
immediately apply for NOC and after carrying
necessary inspection, decision shall be taken. Those
Covid hospitals who have not renewed their NOC
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:31.01.2021
18:34:51
should immediately take steps for renewal on which
appropriate inspection be taken and decision be
taken. In event, Covid Hospital is found not having
NOC or not having obtained renewal, appropriate
action be taken by the State."
(emphasis supplied)
3. In these set of circumstances, we see no reason to entertain the present
writ petition. Petition is accordingly disposed of reserving liberty with the
petitioner to move an appropriate application in the pending writ petition
before the Hon'ble Supreme Court in accordance with law with proper
allegations, averments and annexures.
CHIEF J USTICE
J YOTI SINGH, J
J ANUARY 25, 2021
'anb'
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:31.01.2021
18:34:51
