SANJIV KHANNA, J.

1. On 14th September, 2004 at about 7 p.m. fire engulfed property No. A-27, Gali No. 7, Brij Puri, Delhi. Thirteen persons died in the said incident and six persons sustained injuries. Nagrik Sangharsh Samiti, an association of the victims of the fire tragedy, has filed the present writ petition for payment of compensation and damages to the dependants and legal heirs of the victims who had lost their lives in the said fire and for compensation/damages to six persons who had sustained injuries. They have prayed for proper investigation to ensure that the culprits responsible for the said fire are punished and to direct the respondent authorities to ensure that no illicit business of petrol/diesel or highly inflammable chemicals is carried out contrary to the law.

2. Union of India, Government of NCT of Delhi, Commissioner of Police and Municipal Corporation of Delhi, through Commissioner are respondent Nos. 1 to 4 respectively. Respondent Nos. 5 to 7 are Kaushlya Devi, Mr. Harish Arora and Mr. Satish Arora being the wife and two sons of late Mohan Lal, who died as a result of the said fire.

3. In the counter affidavit filed by respondent Nos. 5 to 7, they have admitted that late Mohan Lal was carrying on business of sale of petrol/diesel and other combustible chemicals in Brij Puri, Delhi for the last ten years. They have also admitted that on 14th September, 2004 at about 7.12 p.m. fire broke out in the depot where petrol/diesel and other combustible commodities were stored. It is however stated that Mr. Mohan Lal also died in the said fire and despite all care, precautions and safety measures taken by him fire had broken out due to a short circuit. The said respondents have denied for want of knowledge that twelve persons had died in the said fire and some others were injured.

4. The fire incident on 14th September, 2004 leading to death of twelve persons and injuries to six others has been established and proved beyond any doubt. The petitioners along with the writ petition have filed copy of post mortem reports in respect of the twelve deceased. As per the post-mortem report, the cause of death has been stated to be septicemia upon burn injuries with persons suffering burns on their body. The injuries have been stated to be ante-mortem caused due to flames of fire. They have also filed copies of death certificate in ten cases. The respondent No. 2, Government of NCT of Delhi along with their counter affidavit filed on 17th November, 2005 has enclosed a list of persons, who had died in the fire incident of 14th September, 2004. The said list mentions names of thirteen persons including late Mohan Lal and also gives details of compensation paid to the dependants of the said persons by the Delhi Government and from the Prime Minister's National Relief Fund. Delhi Police along with their counter affidavit has filed copy of magisterial inquiry report dated 8th October, 2004 conducted by Deputy Commissioner (East Delhi). As per the findings recorded in the said report, on 14th September, 2004 at about 1910 hours, information was received in the Control Room Delhi Fire Service and Police Control Room about fire in a shop/godown, which was later on identified as area, 27A, Gali No. 7, Brij Puri, Khureji Khas, Delhi. In the said property, petrol/diesel and other inflammable chemical materials had been stored, which had caught fire. The report records that six drums of inflammable materials and burnt chemicals were collected from the spot and sent to the forensic laboratory for tests. This report states that twenty persons were affected by serious burns all over upto 70% (Annexure C to the report: The said report gives details of percentage of burns suffered by each victim and whether or not the said victim had expired, was under treatment or discharged.) It is stated that some of these persons had succum