Disposed

Inderbir Singh & Ors. v. Delhi Fire Service & Ors.

Delhi HC25 Jan 2024W.P.(C)/3091/2023

Case brief

AI extract

What is this about?

The Delhi High Court directed the Delhi Fire Service to conduct an inspection of a specific building to verify fire safety deficiencies. The court identified remaining shortcomings from the latest report, directed the petitioners to fix them within six weeks, and ordered the issuance of a clearance certificate upon compliance.

What did the court decide?

Petitioners directed to remove identified shortcomings within six weeks; Fire Service directed to issue clearance certificate thereafter.

Inderbir Singh & Ors. Vs Delhi Fire Service & Ors. — Writ and Judicial Review | Delhi HC (2024)

¶1

$~3

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 3091/2023 & CM APPL. 12031/2023

¶4

INDERBIR SINGH & ORS. ..... Petitioners

¶5

Through: Mr. Abhishek Garg, Mr. Yash Gaiha, Mr. Ranesh Mankotia, Advocates for Petitioners No.1 to 4 and 6.

¶6

versus

¶7

DELHI FIRE SERVICE & ORS. ..... Respondents Through: Mr. Tushar Sannu, GNCTD with Mr. Devvrat Yadav, Advocate. Mr. Manish Srivastava, Mr. Moksh Arora and Mr. Santosh Ramdurg, Advs for R-2/TPDDL. Ms. Aarushi Behl, Advocate for Ms. Sangeeta Bharti, Standing Counsel for R-3/Delhi Jal Board. Mr. Rajiv K. Garg, Mr. Ashish Garg and Mr. Shiven Banejha, Advs.

¶8

CORAM:

¶9

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

¶10

O R D E R

¶11

% 25.01.2024

¶12

The Petitioners have approached this Court for a direction to Respondent No.1 to conduct an inspection of HB Twin Tower located at plot No. A-02, 03, 04, Netaji Subhash Place, Pitampura, New Delhi in a time bound manner to verify the compliances made by the Petitioners.

¶13

Material on record indicates that the HB Twin Tower was inspected by Respondent No.1 on 31.05.2022 and some shortcomings were found which according to the Petitioners were rectified. Another inspection was conducted on 26.09.2022 and it was found that few of the shortcomings pointed out earlier have yet not been rectified by the Petitioners. Thereafter, on 02.11.2022, a Show Cause Notice was issued to the maintenance agency of the building. On 16.01.2022, the Respondent No.1 issued an Order

¶14

Page 1 of 4

¶15

W.P.(C) 3091/2023

¶16

This is a digitally signed order.

¶17

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/06/2024 at 11:58:43

¶18

directing the Respondent No.2/TPDDL and Respondent No.3/DJB to disconnect the electricity and water supply of the entire building. The Petitioner No.5, thereafter, filed an appeal before the Hon'ble Lt. Governor of NCT Delhi for quashing Order 16.01.2022 passed by Respondent No.1 directing the Respondent No.2/TPDDL and Respondent No.3/DJB to disconnect the electricity and water supply of the entire building. The said appeal is still pending before the Hon'ble Lt. Governor.

¶19

The Petitioners have approached this Court by filing the instant writ petition with the following prayers:

¶20

"A. Issue a writ of and/or order and/or directions in the nature of mandamus directing Respondent No. I to conduct an inspection of HB Twin Tower located at plot No. A-02, 03, 04, Netaji Subhash Place, Pitampura, New Delhi in a time bound manner to verify the compliances made by the Petitioners.

¶21

B. Issue a writ of and/or order and/or direction in prohibition commanding Respondent No. 2 and Respondent No. 3 to forebear from giving effect to and/or taking any step whatsoever pursuant to and/or in furtherance of the said Impugned Order.

¶22

C. Issue any other writ, order, or direction which this Hon'ble High Court may deem fit and proper in the facts and circumstances of the case.

¶23

D. Pass any other order(s) as this Hon'ble High Court may deem fit and proper as per the facts and circumstances of the case."

¶24

Material on record indicates that the periodic inspections are being conducted and deficiencies are being removed. The last of the inspection was conducted on 23.01.2024. The inspection report dated 23.01.2024 reads as under:

¶25

Page 2 of 4

¶26

W.P.(C) 3091/2023

¶27

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/06/2024 at 11:58:43

¶28

" LATEST INSPECTION REPORT of 23.01.2024

¶29

As per the direction of Hon'ble High Court dated 06.09.2023 in the matter of Inderbir Singh & Others Vs Delhi Fire Service & Others W.P. (C) 3091/2023 and CM APPI 12031/2023, 12032/2023, the inspection of the above building was carried out by ADO (MN) & ADO (JWP) on 22.01.2024 & 23.01.2024 in presence of Shri Inder Raj Singh & Kundan Singh (Estate Manager) to check the status of carlier shortcomings issued by this department. The status is as under:

¶30

S. No.	Shortcomings	Status
1	Fire Check Doors are found removed at some places.	Complied. Additional exit in lift lobbies at two floors has been sealed
2	Detectors and sprinklers are found removed at some places of lower ground floor & third floor.	Not fully Complied, floor wise fire detection control panels are provided but not integrated with main fire detection control panel of the building
3	Lift lobby & lift shaft pressurization are found removed	Complied
4	Main Fire Pump of capacity 2400 L.PM is provided but not functional	Functional
5	Refuge areas are found covered & using as pantry and seating arrangements	Complied
6	Lift lobby at 7 Floor of Tower 2 is being used as reception	Complied
7	Exit signages are found removed at some places	Complied
8	The building management has removed common corridors at some floors occupied by M/s.	Fire resistant Gypsum Board used _in common corridor _

¶31

Page 3 of 4

¶32

W.P.(C) 3091/2023

¶33

¶34

Co-Offix & internal	instead of	brick wall
changements have been carried	at some	floors 02
out	hours fire	resistance
	certificate	of
	Gypsum	board is
	submitted.

¶35

However, following additional shortcomings were observed at the time of inspection:

¶36

9. 2^nd floor and Room No. 901 at 9th floor are sealed by MCD and hence fire safety measures could not be checked.

¶37

10. Fire pumps were not on auto mode.

¶38

11. Battery backup for main fire detection control panel located at fire control room found removed.

¶39

The flat owners and maintenance department of H.B. Twin Tower have been directed the above shortcomings in the interest of Occupants safety."

¶40

In view of the above, the Petitioners are directed to remove the aforesaid shortcomings pointed out by the Respondent No.1 within a period of six weeks from today On removal of the shortcomings, the Respondent No.1 is directed to give Fire Clearance Certificate/NOC to the Petitioners. A compliance report be filed by the Respondent No.1 in this Court on or before 01.04.2024. If the shortcomings are not removed then the Authorities can proceed in accordance with law.

¶41

The writ petition is disposed of, along with pending application(s), if any.

¶42

Needless to state that Interim Stay granted by this Court will continue till the compliance report is filed by Respondent No.1.

¶43

SUBRAMONIUM PRASAD, J

¶44

JANUARY 25, 2024/ S. Zakir

¶45

Page 4 of 4

¶46

W.P.(C) 3091/2023

¶47

Inderbir Singh & Ors. v. Delhi Fire Service & Ors.

Case brief

What is this about?

What did the court decide?

Inderbir Singh & Ors. v. Delhi Fire Service & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Government of NCT of Delhi & Ors. Vs Subhash Chander Garg & Anr.

Diwan Singh and Ors. Vs Delhi Society for Prevention of Cruelty to Animals Dspca and Anr.

Shreya Suman Vs Punjab and Sind Bank and Others

Sunil Kumar and Ors. Vs Govt of NCT of Delhi and Ors.

Union of India & Ors. Vs Ajay Mohan Joshi Ors.

Vashulinga Finance Private Ltd. Vs Assistant Commissioner of Income Tax Circle 25 1

Swami Contractors Pvt. Ltd. Vs MCD and Others

Sandeep Kasana Vs Municipal Corporation of Delhi and Others

Sanjeev Dawar and Anr. Vs Land and Development Officer and Anr.

Lakhmi Chand & Anr. Vs Raj Kumar Dhingia & Anr.

Rishi Jindal Vs Central Information Commission, through Its Cpio & Anr.

Chowgule and Company Private Limited Vs Union of India and Anr.

Ashok Kumar Singh Vs University of Delhi & Ors.

Prashant Vs Union of India and Ors.