Title: Azad Market Residents Welfare Association V Ministry Of Home Affairs And Ors.
Citation: W.P.(C) 8437/2022
Coram: Hon’ble The Chief Justice And Hon’ble Mr. Justice Tushar Rao Gedela
Decided On: November 06, 2023
Introduction:
The present petition has been filed as a public interest litigation (“PIL”) seeking directions from this Court to be issued to the Respondents 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.
Facts:
Petitioner has brought to the notice of this Court the presence of illegal and unauthorized constructions situated in the Subject Area. 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”)
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.
Court’s Analysis and Decision:
Court pointed out that 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. Regarding the violation of fire norms court didn’t turn a blind eye, 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 endeavour 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.
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 India (the “STF”) pursuant to the orders of the Hon’ble Supreme Court of India in W.P.(C) 4677/1985.
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Written by- Sushant Kumar Sharma
