Khan Market Welfare Association v. New Delhi Municipal Council

RAJIV SAHAI ENDLAW, J OCTOBER 27, 2016

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*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 27th October, 2016 + W.P.(C) 3107/2013 KHAN MARKET WELFARE ASSOCIATION ..... Petitioner Through: Mr. Amit Bhagat & Mr. Pulkit Gupta, Advs. Versus NEW DELHI MUNICIPAL COUNCIL & ORS..... Respondents Through: Mr. Anil Grover with Ms. Kanika Singh & Ms. Noopur, Advs. for R-1. Mr. Varun Nischal, Adv. for R-3&4 i.e. Delhi Police and Delhi Fire Service. Mr. Jasmeet Singh, Adv. for R-2 UOI. CORAM:- HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The petitioner, claiming to be a registered Association comprising of various individual flat owners and traders of Khan Market, New Delhi has filed this petition pleading (i) that in pursuance to show cause notices from the New Delhi Municipal Council (NDMC) received by the members of the petitioner on 15th March, 2011 stating that the Monitoring Committee constituted by the Supreme Court had directed the respondent NDMC to initiate action against the first floor lessees/occupants of Khan Market who had undertaken unauthorised construction and calling upon the members of the petitioner to remove the said unauthorised construction and in pursuance to the meetings held by the members of the petitioner with the Urban Development Minister, it was decided that a detailed re-development plan of Khan Market as per latest provisions of the Master Plan for Delhi – 2021 be prepared by the NDMC in consultation with the Ministry on a time bound basis; (ii) the NDMC appointed a consultant architect for preparation of the said re-development plan with immediate attention to public safety i.e. the fire safety plans as well as health safety i.e. the plans for disposal of sewage in conformation with the guidelines laid down by the Delhi Pollution Control Committee; (iii) that the said plan which was approved by the respondent NDMC was sent to other authorities like the Fire Department for their approval and on 8th November, 2011 the Chief Fire Officer of the Delhi Fire Service (DFS) issued a letter approving the re-development plan so prepared subject to certain conditions as specified in the said letter; (iv) a meeting was held on 6th September, 2012 to discuss the Khan Market Community Centre Re-development Plan and in the said meeting the matter concerning the lack of fire safety of the first floors of Khan Market as well as the matter relating to a larger capacity sewage line to be laid in the middle lane of Khan Market and which two issues are of grave concern since they relate to the aspect of public safety and public health, were also discussed; (v) that the matter concerning the lack of fire safety is a matter concerning public safety and accordingly has to be dealt with on a priority basis; (vi) lack of fire safety on the first floors of Khan Market is also not in compliance with the statutory provisions laid down in the Delhi Fire Service Act, 2007 and the Rules of the year 2010 framed thereunder; (vii) that the proposal regarding laying down of a larger capacity sewage line in the middle lane of Khan Market as well as laying down a separate sewage line for kitchen waste, taking into account the number of restaurants that have opened in Khan Market, also requires immediate attention since it deals with the aspect of health of the public at large; (viii) the petitioner, from time to time impressed upon the NDMC of the need to undertake re-development of Khan Market on an urgent basis owing to the aforesaid two issues of fire safety and public health; and, (ix) however for two years preceding the petition, inspite of the decision already taken for re-development of Khan Market and preparation of re-development plan, no steps towards re- development had been initiated by the NDMC. Accordingly, a writ of mandamus is sought directing the NDMC to expedite the implementation of Khan Market Community Centre Re- development Plan more particularly the plans pertaining to fire safety and installation of new and augmented sewage lines in Khan Market, in ter