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Case Title: Sanjay Singhal vs State Govt of NCT of Delhi & Ors.

Case No: W.P.(C) 8534/2023

Decided on: 14.12.2023

Coram: Hon’ble Mr. Justice Yashwant Varma

              Hon’ble Mr. Justice Ravinder Dudeja

 

Facts of the Case

In July 2023, the Court addressed concerns about unchecked coaching institutes and unsafe businesses in Mukherjee Nagar, issuing specific guidelines. The contentions were addressed by the Municipal Corporation of Delhi and the various provisions made in the Master Plan for Delhi, 2021.

The Coaching Federation of India aggrieved by the decision, approached the Supreme Court by way of Special Leave Petition. The aforesaid petition was however dismissed. The Federation thereafter filed a Review Petition.

 

Legal Provisions

Delhi Fire Service Act, 2007 –

1(b) building means any structure whether of masonry bricks, woods, metal or other materials and includes a house, out house, basement, underground parking stable, latrine, urinal, shed, hut or wall.

Clause 15.7.3(vii) of the Master Plan for Delhi, 2021 –

Coaching centres and tuition centres referred to in para 15.7.1 (f) including computer coaching and language coaching centres shall be permissible upto 2/3rd of the maximum permissible far of the plot size subject to a maximum of 500 sqm built area and basement. There shall be no restriction on the size of the plot.

Issues

Whether Fire Permit and NOC would be governed by Clause 15.7.3 of the MPD, 2021 alone?

Court analysis and decision

The court observed that no coaching center may operate in violation of the MPD, 2021, and that should it be discovered that it is not adhering to the standards outlined therein, it must be “shut down.”

It then went on to order the respondents to shut down any coaching centers that were operating in violation of the MPD, 2021’s requirements.

With respect to Clause 15.7.3(vii) of the MPD, 2021, court was inclined to adopt the interpretation proposed by the learned amicus. Upon examination, court could not construe the provision as limiting the requirement for fire safety clearances solely to coaching or tuition centers located in basements. Prima facie, it appeared that this clause was included out of an abundance of caution and not to restrict the need for fire safety clearances only to basement-based coaching centers. The court’s preliminary view is that this clause does not preclude coaching and tuition centers from complying with any other fire safety regulations as stipulated in the MPD, 2021, or the 2010 Rules.

Court further gave few directions in order to effectively regulate the exercise of inspection of all coaching centers and to provide adequate opportunity to those centers to take remedial measures. Few directions were –

• It directed the MCD and the DFS to constitute a Joint Task Force (JTF) which may examine and inspect all coaching and teaching centers/institutes situated in Mukherjee Nagar and draw up a comprehensive report indicating the infractions and other non-conforming aspects that may come to the fore
• Any applications made by coaching institutes/centers for inspection and grant of fire safety permits may be examined and disposed of with due expedition, etc.
• Court accorded liberty to any party that may be aggrieved by any measure enforced by the JTF to approach this Court for such directions as may be considered appropriate

 

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Written by- Bhawana Bahety

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