Puran Chand v. Delhi Fire Service & Ors.

78 AND + CONT.CAS(C) 578/2023 PURAN CHAND..... Petitioner Through: Mr. Manan Aggarwal and Vinay Kumar, Advocate (M: 9953587340)

VERSUS

SHEESH PAL & ANR...... Respondent Through: Mr. Ashutosh Gupta, ASC for MCD. (M: 9891826927) CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode. Brief Facts

2. The Petitioner in this case is a resident of House No. A-9795, Ahatha Thakur Dass, Station Wali Gali, Opposite Sarai Rohilla Railway Station, New Rohtak Road, New Delhi-110005. He has filed the present petition seeking a direction to the Respondents for sealing of various eateries which are running in the residential area. According to the Petitioner, the running of the said eateries is causing public nuisance and disturbing the peace and calm of the residential colony.

3. The contention of the Petitioner is that the owners of the eateries and hawkers are using public footpaths and streets for placing big tandoors and other cooking apparatus relating to their eateries. It is the case of the Petitioners that these eateries are causing inconvenience for the residents of the area, as also functioning illegally without following any fire safety or pollution norms, which possesses a great danger to the life and liberty of the residents residing in the vicinity

4. The Petitioner appears to have confronted one of the owners of these eateries, running Narayan Dhaba, which according to the Petitioner is right opposite his house. It appears that an argument ensued between the owner of the eatery and the Petitioner.

5. Vide order dated 13th January, 2023, this Court had recorded the submissions of the various counsels for the parties. The Petitioner had demonstrated to the Court by way of photographs, how a substantial portion of the public road is being occupied by various eateries and dhabas and, there was hardly any space for ingress and egress for the residents of the area. The Delhi Fire Service and the MCD have submitted that the eateries would have to adhere to the norms prescribed and illegal encroachment of public land for parking vehicles or cooking apparatus is also not permitted. After hearing the submissions on behalf of the parties, the following directions were issued:

6. The inspection in terms of the above order has since been carried out. A status report dated 17th April, 2023 has been placed on record in terms of the above order. In the said status report, the Dy. Chief Fire Service Officer has stated as under: “In compliance of direction issued by Hon'ble High Court, through order dated 13.01.2023, the Joint inspection was carried out on dated 06.02.2023 by officer concerned from Delhi Fire Service along with Sh. Sandeep, HC /Police Station Sarai Rohila & Sh. Surender Singh, AE, MCD and observed that there are number of eateries at the Ahatha Thakur Dass Station wali gali. Approach road from the main Rohtak Road towards these eateries for the fire tender movement is encroached due to establishment of temple and peepal tree at the middle of road. Further, the clearance /FSC( fire safety certificate) from fire safety point of view for these eateries is required only if area of these eateries is 90 SQM or above as per Rule 27(6) of DFS Rules 2010 & Act 2007 and same shall be measured by building department i.e. MCD. Moreover, if area of any eateries /restaurants is 90 m[2] or more, the applicant shall apply through MHA Portal www.delehlhlic.mha.gov.in to obtain Fire Safety Certificate from this department.”

7. The photographs attached with the said status report would show that some attempt was made to clear up the encroachment on the public road. M/s Narayan Dhaba was also impleaded in the matter as Respondent No.5 and is duly represented before the Court today. A connected contempt petition, Cont.Cas(C) 578/2023 titled Puran Chand v. Sheesh Pal & Anr. has also been filed by Petitioner alleging that, though, the encroachments were removed earlier; again the same very encroachments have come up again, specifically in case of M/s Narayan Dhaba. Aerial photographs have also been placed on record along with the contempt petition. The relevant photographs are extracted below:

8. The Court has perused the record, the status report and the photographs filed by both the Delhi Fire services and the petitioner. After perusing the photographs and hearing submissions, it is clear that there are several eateries and shops on the road which are operating in the area. Some of them have not only encroached the footpath but also the public road. It is accordingly directed that such eateries and shops shall not encroach upon the public space or place their counters, chairs, tables, chullas, etc., on the road. Any party found to be indulging in such conduct would be liable to be penalized immediately inasmuch as repeated inspections would also be impossible for the authorities.

9. It is made clear that all the eateries and shops which are operating in the said road shall abide by the norms which are fixed by the MCD and shall ensure that public roads and footpaths are not occupied.

10. Considering the photographs placed on record, it is directed that the MCD with the help of the local police shall conduct monthly inspections, at least till one year, and periodically thereafter to make sure that the encroachments are not repeated. If any parties are found to be encroaching any public road, such traders or shopkeeper shall be liable to pay an on-spot fine of Rs.10,000/-. The said fine shall be contributed to the welfare of the local residents. Since the Residents Welfare Association (RWA) is yet to be constituted, until then the same is formed, the said fine shall be deposited with the MCD and shall be used for the maintenance of the local parks and the roads in the area. Upon the RWA being constituted, such fines shall be contributed to the RWA. The SHO of the concerned area shall also ensure compliance of this order.

11. On behalf of the owner of M/s. Narayan Dhaba an undertaking has been tendered by ld. Counsel which is recorded, to the effect that he agrees not to encroach upon the public road in the manner as has been depicted in the photographs filed with the contempt petition, failing which contempt is also liable to be initiated against the said trader/shopkeeper.