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Judgment of the High Court of Delhi regarding unauthorized and illegal constructions in the Azad market, Delhi, 06/11/2023

  • 06/11/2023

Judgment of the High Court of Delhi in the matter of Azad Market Residents Welfare Association Vs Ministry of Home Affairs and Others dated 06/11/2023.

The matter related to unauthorized and illegal constructions in the Azad market, Delhi. The High Court was of the opinion that the grievance issued by the petitioner has been sufficiently addressed by the MCD "through the considerable efforts it has made in relation to clearing unauthorized and illegal construction". However, potential violations of fire norms needs to be addressed, the HC said and directed the Municipal Corporation of Delhi and the Delhi Fire Services to ensure scrupulous and rigorous enforcement of the fire norms pertaining to premises specified under Rule 27 of the Delhi Fire Rules.

The HC directed the MCD to conduct regular monitoring of the area to ensure that persons found violating the fire norms are promptly identified and referred to the " Fire Prevention Wing under Rule 34 of the Delhi Fire Rules". Furthermore, in the future if stray individual cases of unauthorized and illegal construction are found dotting the area, the petitioner can approach the Special Task Force constituted by the Ministry of Housing and Urban Affairs.