Janhit Sewa Samiti (Regd.) v. Government Of NCT Of Delhi And ORS.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + % Date of Decision: 25th September, 2019 JANHIT SEWA SAMITI (REGD.) ..... Petitioner Through:

Mr.Anupam Dwivedi, Adv.

Versus

GOVERNMENT OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr.Abhinav Singh, Adv. for R-1&3.

Mr.Ajay Verma, SSC with Mr.G.S.Oberoi, Mr.Ankur Sharma, Advs. for R-2.

Mr.Ajjay Aroraa, Adv. with Mr.Kapil Dutta, Adv. for North DMC.

Mr.Ajeet Pandey, Adv. for R-6.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR

J U D G M E N T

:

D. N. PATEL, Chief Justice (Oral) 1.

This Public Interest Litigation has been preferred with the following prayers:- "a) Issue a writ order or direction in the nature of mandamus or other appropriate writ commanding the respondents nos. 1 to 4 to seal the commercial towers namely Lusa Tower and Usha Kiran Tower run by the respondent nos. 5 and 6 in Azadpur commercial complex, Delhi; and

b) Issue a writ order or direction in the nature of mandamus or other appropriate writ commanding the respondents nos. 1 to 4 to locate and seal all other similar the commercial towers where safety norms are not being complied with; "

2.

Having heard the learned counsel for both the parties and looking to the facts and circumstances of the case and the affidavit tendered by respondent No.4, which is taken on record and copy whereof has been given to the counsel for the petitioner, it appears that now, respondents No.5 and 6 have already installed fire safety measures and a photocopy of the fire safety certificate dated 14th June, 2019 is tendered to this Court by learned counsel for respondent No.3. The same is also taken on record. A copy of the said certificate has also been handed over to the counsel for the petitioner. 3.

Thus, looking to the affidavits filed by North Delhi Municipal Corporation and the said Fire Safety Certificate dated 14th June, 2019, we see no reason to further monitor this case because Lusa Tower (respondent No.5) and Usha Kiran Tower (respondent No.6) already have the required fire safety measures installed in their buildings. 4.

Learned counsel appearing for the petitioner submitted that these two towers have been mentioned only for illustrative purposes and the petition is for the whole of the city of Delhi.

5.

We see no reason to go into detail for each and every building of this city of Delhi. Suffice it to say to the respondents that as and when any building is lacking in fire safety measures, action shall be initiated by the respondents in accordance with law, rules, regulations and Government policies applicable to the facts of the case as early as possible and

practicable and if any fire safety measures are not installed in such buildings, the respondents are at liberty to seal the premises or to take other action in accordance with law.

6.

With these observations, this writ petition is disposed of. CHIEF JUSTICE C.HARI SHANKAR, J SEPTEMBER 25, 2019 'anb'