Regularly Monitor Azad Market To Identify Violators Of Fire Norms: Delhi High Court To MCD

The Delhi High Court has directed the Municipal Corporation of Delhi to conduct regular monitoring of Azad Market area in the national capital to ensure that the violators of fire norms are identified and referred to the Fire Prevention Wing.

“In this regard, the MCD shall endeavor to conduct regular monitoring of the Subject Area [Azad Market] 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,” a division bench of Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela said.

The bench said that it cannot turn a blind eye towards any potential violations of the fire norms and directed the MCD and Delhi Fire Services to ensure “scrupulous and rigorous enforcement” of the fire norms pertaining to the premises which are likely to cause risk of fire, as specified under Rule 27 of the Delhi Fire Rules.

The court disposed of a PIL moved by Azad Market Residents Welfare Association seeking directions on the Union Government, MCD and other authorities to conduct a survey to identify unauthorized and illegal construction in the market and to take action against such properties.

The petitioner Association also brought to the notice of the court various instances wherein precious lives were lost due to on flagrant violations of fire norms due to illegal and unauthorized constructions.

“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….,” the court said.

While disposing of the plea, the court said that in the future if any stray individual cases of unauthorized and illegal construction are found dotting the Azad Market area, the petitioner Association may approach the Special Task Force constituted by the Union Ministry of Housing and Urban Affairs.

“Pertinently, the STF is empowered with the responsibility to look into the matters and 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,” the court said.

Title: AZAD MARKET RESIDENTS WELFARE ASSOCIATION (REGD) v. MINISTRY OF HOME AFFAIRS AND ORS.

Citation: 2023 LiveLaw (Del) 1074

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