JUDGMENT

MANMOHAN, ACJ: (ORAL)

W.P.(C ) 10550/2024 CM APPL.43292/2024 in W.P.(C) 13308/2023

1. Present public interest petition being W.P.(C) 10550/2024 has been filed seeking directions to the Respondents to constitute a high-level committee to probe the recent incident of flooding in the basement of a coaching centre in Old Rajendra Nagar, Delhi wherein three students lost their lives. The Petitioner further prays for institution of a probe against the officials of MCD who failed to act on the complaint dated 26th June, 2024 addressed by one Mr. Kishor Singh Kushwaha.

2. Another petitioner has filed an application being CM Appl.43292/2024 in W.P. (C) 13308/2023, seeking a direction to the respondent to stop the libraries from operating in basements in Rajinder Nagar, Karol Bagh, Patel Nagar and Ranjit Nagar.

SUBMISSIONS OF THE PETITIONER AND APPLICANT

3. Learned counsel for the petitioner and applicant have brought to the attention of this Court various unfortunate incidents of fire in the city including the massive fire at Hotel Arpit Palace, Karol Bagh in 2019, fire at PG facility in Mukherjee Nagar, Delhi in September, 2023 and fire tragedy at neo-natal hospital in Vivek Vihar, Delhi in May 2024, which claimed several lives. They state that such incidents, including the recent flooding at the coaching centre, took place on account of indifferent conduct of the officials of the respondents coupled with non-compliance of orders issued by this Court. They rely upon one such order dated 25th July, 2023 in Sanjay Singhal vs. State Govt of NCT of Delhi & Ors. W.P.(C) 12182/2016 and other connected matters, wherein a Division Bench of this Court had passed the following directions:

“8. In the considered opinion of this Court, if a coaching centre is not conforming to the norms as per the MPD, 2021, it has to be shut down and there is no other alternative. Resultantly, the Respondents are directed to close down all the coaching centres which are running in contravention of the MPD, 2021. The MCD will take appropriate action within 60 days and shall also be free to cancel their registration as done under Clause 15.9 of the MPD, 2021 in case they are not fulfilling the requisite conditions provided under the MPD, 2021.

9. The MCD as well as the other Respondents are directed to ensure compliance of the aforesaid order positively within 60 days. The Police Department, the Fire Department as well as the Electricity Department shall provide all logistical support to the MCD for complying with the order passed.

10. It is needless to mention that in respect of other commercial activities also which are presently going on in Mukherjee Nagar where registration has been granted by the MCD keeping in view the mixed use premises under Clause 15.9 of the MPD, 2021, the MCD shall scrutinize all such registrations and shall also ensure compliance of the provisions as contained under the MPD, 2021. In case other commercial activities are going on in the premises and not having a fire NOC as required under the law and are not conforming to the norms as per the MPD, 2021, the MCD shall take appropriate action in accordance with law in respect of such other commercial activities also within a period of 60 days from today.”

4. They point out that vide Order dated 9th May, 2024 in South Patel Nagar 9 Block and Ranjit Nagar Residents Welfare Association v. Union of India & Ors., W.P. (C) 6602/2024, a learned Single Judge of this Court has directed the MCD to carry out survey of properties and unauthorised activities and take appropriate action in case there is any deviation from the sanctioned plan or non-compliance of fire related regulations or bye-laws or unauthorised activities. They state that despite such directions by this Court, no action has been taken by the Respondents till date.

5. They state that currently, more than three hundred (300) illegal libraries are functioning in the basements in connivance with the officials of the Respondents-authoriti