Kusum Sehgal Vs Delhi Fire Service & Ors.

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$~98

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 123/2025

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KUSUM SEHGAL .....Petitioner

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Through: Mr. M. Qayam-ud-din, Advocate alongwith petitioner

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versus

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DELHI FIRE SERVICE & ORS .....Respondent Through: Mr. K.G. Gopalakrishnan and Ms. Nisha Mohandas, Advocates for R-1, 7 & 8. Ms. Avshreya Pratap Singh Rudy, SPC with Ms. Usha Jamnal, Ms. Harshita Chaturvedi and Ms. Hepsiba Bobin, Advocates for R-6/Delhi Police. Mr. Moksh Arora and Mr. Santosh Ramdurg, Advocates for R-9/BSES.

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CORAM:

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HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

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CM APPL. 458/2025

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Exemption allowed subject to all just exceptions.

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The application stands disposed of.

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W.P.(C) 123/2025 & CM APPL. 459/2025 (Directions)

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The petitioner has filed the present petition inter alia praying that respondent no.1 be directed to inspect the premises No. 1564 to 1569, 1570,

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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 24/01/2025 at 14:28:25

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1571, 1572, 1573, 1574, 1575, 1576, 1577 and 1578, New Marwari Katra, Nai Sadak, Delhi-110006 (hereafter the property in question ) to ascertain whether adequate fire safety measures have been taken and to ensure that no building is raised which contravenes the building bye-laws. The petitioner also prays that a direction be issued to the concerned authorities for taking steps against contravention of Delhi Fire Service Act, 2007.

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The petitioner states that on 13.06.2024 a fire had broken out at the aforementioned property in question. The petitioner states that at the relevant time, an unauthorized cloth market was functioning from the property in question and approximately 150 shops were gutted. It is stated that thereafter around 09.10.2024, the debris at the property in question were cleared. However, thereafter fresh construction has commenced without any sanction from the concerned authorities. The petitioner claims that she has lodged complaints with the Deputy Commissioner and Executive EngineerII of Building Department regarding unauthorized construction, which according to the petitioner, presents a fire risk.

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The learned counsel appearing for the respondent nos. 2 to 5 (MCD) has handed over a short status report, which indicates that the property in question was inspected on 16.12.2024 and it was noticed that unauthorized construction had been carried out. It is stated that the same was booked under Section 344(1) and 343 of the Delhi Municipal Act (hereafter the DMC Act ) and a show-cause notice was also issued to the owner/builder. In addition, it is stated that the ‘Work Stop Notice’ was issued to the concerned SHO to stop the unauthorized construction. In addition, it is stated that apart from issuing of the said notice, proceedings for sealing the property under Section 345A of the DMC Act have also been initiated.

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This is a digitally signed order.

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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 24/01/2025 at 14:28:25

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The learned counsel appearing for respondent no.10 (owners and builders of the properties) submits that the respondents shall abide by the ‘Work Stop Notice’, however, reserve the right to take appropriate remedies as available in law.

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In view of the above, we do not consider apposite to pass any orders in this petition except to direct respondent no.6 [SHO (PS Kotwali) and DCP (Central District)] to ensure that no construction is raised at the premises in violation of the ‘Work Stop Notice’ issued by the MCD. It is so directed.

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The petition and pending application is disposed of in the above terms.

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VIBHU BAKHRU, ACJ

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TUSHAR RAO GEDELA, J

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JANUARY 08, 2025 Aj

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Click here to check corrigendum, if any

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This is a digitally signed order.

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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 24/01/2025 at 14:28:25

Kusum Sehgal v. Delhi Fire Service & Ors.

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Kusum Sehgal v. Delhi Fire Service & Ors.

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