Janhit Sewa Samiti v. Government of NCT of Delhi and Ors.

Delhi High Court · 17 Jan 2020 · 2020:DHC:330-DB
Chief Justice D. N. Patel; C. Hari Shankar
W.P.(C) 1195/2019
2020:DHC:330-DB
administrative petition_dismissed

AI Summary

The Delhi High Court directed administrative authorities to review LPG storage licenses for compliance with safety norms and take lawful action after hearing license holders, dismissing the PIL without issuing immediate cancellation orders.

Full Text
Translation output
W.P.(C) 1195/2019
HIGH COURT OF DELHI
Date of Decision: 17.01.2020
W.P.(C) 1195/2019
JANHIT SEWA SAMITI (NGO) ..... Petitioner
Through: Mr. Anupam Dwivedi & Mr. Manish Kumar, Advs.
VERSUS
GOVERNMENT OF NCT OF DELHI AND ORS. ..... Respondents
Through: Mr. Anjum Javed, ASC with Mr.Devendra Kumar, Mr. Faran Ahmed &
Ms.Priti, Advs. with Inspector Sanjeev Kumar, Licensing Dept. for R-1, 3 & 12.
Mr. Arjun Pant, Adv. for DDA Mr. Tanmaya Mehta, Mr. Ankit Gupta &
Mr.Prateek Badhwar, Advs. for R-6, 7, 8 & 10
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
: D.N. PATEL, Chief Justice (Oral)

1. This so called Public Interest Litigation has been preferred with the following prayers: “a) Issue a writ order or direction in the nature of mandamus or other appropriate writ commanding the respondents nos. 1 to 5 to review/cancel the LPG cylinders' storage licenses of the respondent nos. 6-11 and to remove/shift the LPG cylinders' storage godowns with immediate effect; and 2020:DHC:330-DB b) Issue a writ order or direction in the nature of mandamus or other appropriate writ commanding the respondents nos. 1 to 5 to locate, review/cancel the licenses of, all other similar LPG Storage Godowns in Delhi where safety norms are not being complied with; and c) pass any other order(s) as this Hon'ble but may deem fit and proper in the interest of justice.”

2. Having heard the counsel for both the sides and looking to the facts and circumstances of the case, it appears that several grievances have been ventilated in this petition about the issuance of LPG Storage Licenses granted by the concerned respondent authorities and it is submitted by the counsel for petitioner that there is violation of the guidelines issued by the respondent authority about LPG Storage godowns (as mentioned in paras 10 and 11 of this petition).

3. We, therefore, direct the concerned respondent authorities to look into the grievances ventilated by this petitioner about the so called violation of the guidelines issued by the respondents for LPG Storage Godowns and LPG Storage Licences which have already been issued to respondents No.6 to 11. The decision shall be taken by the concerned respondent authorities in accordance with law, rules, regulations and Government policy applicable to the facts of the present case and at least after giving an adequate opportunity of being heard to respondent Nos.[6] to 11 and if any illegality is found in grant of any license of LPG Storage Godowns or if there is any illegality in allocating the land for LPG Storage Godowns, the action shall be initiated by the concerned respondents in accordance with law as early as possible and practicable.

4. With the aforesaid observation, this writ petition is hereby disposed of.

CHIEF JUSTICE C.HARI SHANKAR, J JANUARY 17, 2020 ns