Delhi High Court
Azad Market Residents Welfare ... vs Ministry Of Home Affairs And Ors. on 6 November, 2023
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 02.11 2023
% Pronounced on: 06.11.2023
+ W.P.(C) 8437/2022
AZAD MARKET RESIDENTS WELFARE ASSOCIATION
(REGD) ..... Petitioner
Through: Dr. M. K. Gahlaut, Advocate.
versus
MINISTRY OF HOME AFFAIRS AND ORS. ..... Respondent
Through: Mr. Vineet Dhanda, CGSC for
Respondent No.1/ UOI.
Mr. Raghvendra Upadhyay, Panel
Counsel with Ms. Purnima Jain and
Mr. Vaibhav Trpathi, Advocaets for
Respondent Nos. 2 to 5 and 9.
Mr. Manu Chaturvedi, Standing
Counsel for MCD.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
SATISH CHANDRA SHARMA, C.J.
1. The present petition has been filed as a public interest litigation
("PIL") seeking directions from this Court to be issued to the Respondents
Signature Not Verified
Digitally Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:06.11.2023
11:25:35
in relation to inter alia (i) conducting a survey in order to identify
unauthorized and illegal construction in the Azad Market, Delhi - 110006
(the "Subject Area"); and (ii) to take action against such properties situated
in the Subject Area.
2. Vide the present PIL, the Petitioner has brought to the notice of this
Court the presence of illegal and unauthorized constructions situated in the
Subject Area (the "Subject Properties"). It is stated the Subject Properties
have been constructed in contravention to the Unified Building Bye Laws,
2016 ("UBBL 2016"); the Delhi Municipal Corporation Act, 1957 (the
"Act"); and other building laws in vogue including inter alia the Master
Plan for Delhi, 2021 ("MPD 2021"). Furthermore, it has been contented that
the Subject Properties have been constructed and are being occupied without
obtaining an Occupancy Certificates ("OCs") and / or necessary permissions
under the Delhi Fire Safety Act, 2007 (the "Delhi Fire Act") read with the
Delhi Fire Service Rules, 2010 (the "Delhi Fire Rules") (hereinafter the
Delhi Fire Act and Delhi Fire Rules shall collectively be referred to as the
"Fire Norms"). In this regard, instances of fire accidents were also brought
to the attention of this Court wherein on account of flagrant violations of
Fire Norms, precious lives of innocent persons were unfortunately lost.
3. Notice was issued in this matter on 26.05.2022, the Municipal
Corporation of Delhi ("MCD") filed a status report on 02.07.2022 (the
"MCD Status Report"); the Delhi Fire Service filed an affidavit on
02.11.2022; and the Union of India filed an affidavit in the present PIL on
01.07.2023. Per the MCD Status Report, the MCD took action against illegal
and unauthorized construction in the vicinity of the Subject Area which
Signature Not Verified
Digitally Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:06.11.2023
11:25:35
included inter alia (i) sealing action under Section 345A of the Act qua
approximately 200 identified points; (ii) booking of approximately 30
properties situated in the vicinity of the Subject Area under Section(s) 343
and 344 of the Act; and (iii) consequently, demolition of certain illegal and
unauthorized construction as more particularly identified under the MCD
Status Report were also carried out.
4. In our considered opinion, the grievance raised by the Petitioner has
been sufficiently addressed by the MCD through the considerable efforts it
has made in relation to clearing unauthorized and illegal construction in the
Subject Area. However, this Court cannot turn a blind eye towards any
potential violations of Fire Norms, accordingly the MCD and the Delhi Fire
Services are directed to ensure scrupulous and rigorous enforcement of the
Fire Norms pertaining to premises specified under Rule 27 of the Delhi Fire
Rules. In this regard, the MCD shall endeavor to conduct regular monitoring
of the Subject Area to ensure that persons found violating the Fire Norms
are promptly identified and referred to the Fire Prevention Wing under Rule
34 of the Delhi Fire Rules.
5. Furthermore, in the future if stray individual cases of unauthorized
and illegal construction are found dotting the Subject Area, the Petitioner
may approach the Special Task Force constituted by the Ministry of Housing
and Urban Affairs, Government of India1 (the "STF") pursuant to the orders
of the Hon'ble Supreme Court of India in W.P.(C) 4677/19852. Pertinently,
the STF is empowered with the responsibility to look into the matters and /
Constituted vide Office Memorandum No. O-33011/1/2006-DDI dated 25th April, 2018
Titled M.C. Mehta v. Union of India & Ors., orders dated 24th April, 2018 and 18th July, 2018.
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Digitally Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:06.11.2023
11:25:35
or complaints concerning illegal constructions, encroachment on public
land/ streets, pedestrian streets etc. and take appropriate action, in
accordance with law. Accordingly, we dispose of the present petition, with
liberty to the Petitioner to approach the STF if the need so arises.
6. It is needless to mention that in case the Petitioner approaches the
STF, they shall make all possible endeavors to dispose of the matter as
expeditiously as possible.
7. With the aforesaid, the PIL stands disposed of along with pending
applications (if any).
(SATISH CHANDRA SHARMA)
CHIEF JUSTICE
(TUSHAR RAO GEDELA)
JUDGE
NOVEMBER 06, 2023
Signature Not Verified
Digitally Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:06.11.2023
11:25:35
