In matters of public interest, courts may refuse to entertain petitions if overlapping issues are under adjudication in higher courts, emphasizing the importance of judicial economy.

JUDGMENT

D.N. Patel, Chief Justice (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.

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 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.