Delhi High Court Orders Constitution Of Joint Task Force To Inspect Infra Of Coaching Centres In Mukherjee Nagar

The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) and Delhi Fire Services (DFS) to constitute a Joint Task Force which may examine and inspect all coaching and teaching centres situated in city's Mukherjee Nagar area.

A division bench of Justice Yashwant Varma and Justice Ravinder Dudeja ordered that the Joint Task Force will draw up a comprehensive report indicating the “infractions and other non-conforming aspects” that may come to its notice on the issue.

“Ultimately, we are concerned with issues of public safety and those of school going children. The imperative of ensuring their safety cannot possibly be overemphasized,” the bench said.

The court directed that the Joint Task Force will place all errant coaching institutes or centres on notice and apprise them of the infractions as well as the remedial measures liable to be adopted.

“We also leave it open to the JTF to recommend such interim and emergent measures that any of the inspected premises may be found liable to adopt and enforce…,” the court said.

It also granted liberty to the Joint Task Force to pass peremptory orders, including those of closure in respect of the coaching centres found to be openly hazardous and unfit to function bearing in mind public safety norms and the provisions contained in the Master Plan for Delhi, 2021, Unified Building Bye Laws for Delhi, 2016, and the Delhi Fire Service Act, 2007.

Furthermore, the court also directed that any applications made by coaching institutes for inspection and grant of fire safety permits may be examined and disposed of with due expedition by the Joint Task Force.

“All institutes and centres operating out of Mukherjee Nagar shall ensure that the process of instruction and training to enrolled students is not disrupted. In case of temporary closure, they shall ensure that instruction through the online mode is continued and the interests of the enrolled students accorded paramount consideration,” the court said.

The bench was dealing with a bunch of pleas concerning the proliferation of coaching institutes and commercial activities in Mukherjee Nagar and the failure of such establishments to comply with fire and public safety norms.

The batch of petitions also includes a suo motu case initiated by court in June last year after fire broke out at a coaching institute in Mukherjee Nagar.

Advocate Gautam Narayan was appointed as amicus curiae in the matter.

The bench observed that the Master Plan for Delhi, 2021, Unified Building Bye Laws for Delhi, 2016, and the Delhi Fire Service Act, 2007 read along with its Rules constitute a “cohesive and comprehensive scheme” to regulate development, construction activity and defining permissible user in different areas of the capital city.

“They are thus liable to be viewed as complementary codes and consequently read together,” the court said.

It also refused to modify an order passed by the coordinate bench on July 25 last year directing the Delhi Government and MCD to close down the coaching centres operating in the national capital without a no objection certificate (NOC) from the Fire Department.

Title: SANJAY SINGHAL v. STATE GOVT OF NCT OF DELHI & ORS. and other connected matters

Citation: 2024 LiveLaw (Del) 7

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