Case Law Details
Sanjay Singhal Vs State Govt of NCT of Delhi & Ors. (Delhi High Court)
Delhi High Court has recently ruled on the issue of coaching centres in Mukherjee Nagar, Delhi, operating in violation of the Master Plan for Delhi, 2021 (MPD, 2021). The court’s judgment emphasizes the importance of adhering to the MPD, 2021 regulations and directs the closure of non-compliant coaching centres. In this article, we will analyze the key points of the judgment and its implications for the residents and coaching institutes in Mukherjee Nagar.
Analysis: The judgment highlights the plight of Mukherjee Nagar residents who have been facing the impact of numerous coaching institutes and commercial activities operating in contravention of the land use policy outlined in MPD, 2021. The court considered various status reports, including one from 2019, to assess the situation and legal arguments put forth by the Municipal Corporation of Delhi (MCD).
The MCD argued that Clause 15.7 of MPD, 2021 permits certain activities, including coaching centres, in residential areas subject to specific conditions. However, the court emphasized that a valid fire NOC is mandatory for such coaching centres. It was noted that several coaching institutes lacked the necessary fire NOCs, making their operation unlawful.
The court observed that under Clause 15.9 of MPD, 2021, registration of mixed-use premises is essential for coaching centres. Therefore, the MCD is responsible for conducting test checks of properties under mixed use and ensuring compliance with the regulations.
In its considered opinion, the court firmly asserted that coaching centres must adhere to the MPD, 2021 norms, and failure to do so would necessitate their closure. The court directed the MCD to take action within 60 days, including the cancellation of registrations, if required conditions are not met.
Conclusion: The Delhi High Court’s judgment serves as a crucial step towards maintaining the sanctity of the Master Plan for Delhi, 2021. By ordering the shutdown of non-compliant coaching centres in Mukherjee Nagar, the court aims to uphold the integrity of the land use policy and protect the interests of residents. The decision sends a clear message to all commercial activities and coaching institutes in the area to strictly adhere to the regulations laid out in MPD, 2021. The MCD, along with other concerned authorities, must now ensure prompt compliance with the court’s directive, safeguarding the planned development of the city and the welfare of its residents.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
1. The present writ petitions project the plight of Mukherjee Nagar Residents where large number of coaching institutes and other commercial activities are going on contrary to the land use policy as per the Master Plan for Delhi, 2021 (MPD,2021).
2. Various status reports have been filed from time to time in the matter and the last status report was filed in the year 2019.
3. Learned counsel for the Municipal Corporation of Delhi (MCD) has vehemently argued before this Court that the MPD, 2021 under Clause 15.7 permits other activities in residential areas. She states that the coaching centres/ tuition centres other than those imparting structured courses leading directly to the award of a degree or diploma or conducting classes such as a regular school are permissible to be in a residential area. She has further stated that such coaching centres are permissible only in respect of certain roads as is specified under Clause 15.7.2 of the MPD, 2021. She submits that under Clause 15.7.3 of the MPD, 2021specifications have been provided for coaching centres of all types. Clauses 15.7.1 (f), 15.7.2 and 15.7.3 (xii) read as under:
15.7 OTHER ACTIVITY
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f. Coaching centres / tuition centres other than those imparting structured courses leading directly to the award of a degree or diploma or conducting classes such as a regular school.
15.7.2 The minimum ROW of a street or stretch of road on which the abovementioned other activities are permissible is as follows:
In A & B Colonies*: 18m ROW in regular plotted development;
Notes: * Banks 2[…] shall however, not be permissible, except those already operating as on 07.09.06.
In C & D colonies: 18 m ROW in regular residential plotted development, 13.5 m ROW in rehabilitation colonies and 9 m ROW in regularized unauthorized colonies, resettlement colonies, Walled City, special area and urban villages; and in pedestrian shopping streets ( of less than 6 m ROW).
In E, F &G Colonies: 13.5 m ROW in regular plotted development, 9 m ROW in rehabilitation colonies and 6m ROW in Walled City, regularized-unauthorised colonies, resettlement colonies, Special areas, and urban villages and in pedestrian shopping streets (of less than 6m ROW).
[Note: Coaching centres / tuition centres shall also be allowed to operate on a minimum ROW of 9m unless lesser ROW is specified, in all colonies planned and developed prior to 1962 including A and B category colonies.]
15.7.3 [The above mentioned public and semi-public activities shall be subject to the following overriding conditions on the general conditions prescribed in preceding paras:]
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(vii) Coaching centres and tuition centres referred to in para 15.7.1 (f) including computer coaching and language coaching centres shall be permissible upto 2/3rd of the maximum permissible FAR of the plot size subject to a maximum of 500 sqm built area and basement. There shall be no restriction on the size of the plot. Use of basement shall be subject to clearance from the fire authorities and other statutory bodies as per the relevant provisions of MPD 2021 and Unified Building Bye-Laws, 1983, amended from time to time. In case the use of basement for coaching centres and tuition centres including computer coaching and language coaching activity leads to exceeding the permissible FAR on the plot, such FAR in excess shall be used subject to payment of appropriate charges prescribed with the approval of Government. Other existing coaching/tuition centres may be allowed to continue till end of May, 2008 and shift to conforming locations by then. The tuition centres for school children only, shall also be permissible in the ground floor dwelling of any group housing on a maximum floor area of 100 sqm or 50% of the floor area of the flat, whichever is less.
4. The aforesaid provisions under the MPD, 2021 certainly permit coaching classes subject to certain conditions and as per the same, a valid fire NOC is also a must in respect of such coaching centres. It has also been brought to the notice of this Court that large number of coaching centres do not have a fire NOC. Learned Counsel appearing for Delhi Police as well as the Fire Department has stated before this Court that they are not the authority to close down the coaching centres and it is the MCD which is required to close down a coaching centre in case it does not have a fire NOC.
5. The MPD, 2021 provides for registration of mixed use premises and payment of charges under Clause 15.9 and the same reads as under:
“15.9 REGISTRATION OF MIXED USE PREMISES AND PAYMENT OF CHARGES
“(i) In respect of a residential premises already under mixed use or intended to be put to mixed use, the owner / allottee / resident of the plot / dwelling unit, in case of plotted development and dwelling unit in the case of group housing, shall be required to declare such mixed-use by filling up a form in this respect and depositing it with the local body concerned any pay onetime registration charges at rates to be notified with the approval of the Central Government.
(ii) The premises under mixed use shall also be liable for payment of mixeduse charges every Year to the local body concerned at the rates notified with the approval of Central Government, for the period during which the property is put to mixed use. Such payment will be made by the property owner / allottee voluntarily before 30th June of every year in respect of the previous assessment year (April – March). 3[…]
(iii) No modification to the building for using residential premises for nonresidential activities, under the mixed use policy, shall be permitted unless the allottee / owner has obtained sanction of revised building plans and has paid necessary fees or charges.
(iv) The local body concerned shall be responsible for the conduct of test check of properties under mixed use, whether registered with it or not.
(v) 1[In addition to other penal action available under the relevant act, properties found to be under mixed use, without registration or in violation of the terms of this notification shall be liable to pay, to the local body, a penalty 2{as prescribed with the approval of Government.}]
(vi) 3[In respect of residential premises already under mixed use on 7.2.2007 in Special area, the owner / allottee / occupier of the plotted development shall be required to declare such mixed use by filling up a form in this respect and depositing it with local body concerned and pay one time registration charges and conversion charges without penalty on or before 30.6.2009 at the rate to be notified with the approval of the Government from time to time.] ”
6. Undisputedly, the registration of property for mixed use has to be done by the MCD subject to fulfilment of conditions as enumerated under Clauses 15.7.3(vii) and 15.7.2.
7. There cannot be a coaching centre running contrary to the MPD, 2021 and all the coaching centres are under an obligation to comply with the statutory requirements as per the MPD, 2021.
8. In the considered opinion of this Court, if a coaching centre is not conforming to the norms as per the MPD, 2021, it has to be shut down and there is no other alternative. Resultantly, the Respondents are directed to close down all the coaching centres which are running in contravention of the MPD, 2021. The MCD will take appropriate action within 60 days and shall also be free to cancel their registration as done under Clause 15.9 of the MPD, 2021 in case they are not fulfilling the requisite conditions provided under the MPD, 2021.
9. The MCD as well as the other Respondents are directed to ensure compliance of the aforesaid order positively within 60 days. The Police Department, the Fire Department as well as the Electricity Department shall provide all logistical support to the MCD for complying with the order passed.
10. It is needless to mention that in respect of other commercial activities also which are presently going on in Mukherjee Nagar where registration has been granted by the MCD keeping in view the mixed use premises under Clause 15.9 of the MPD, 2021, the MCD shall scrutinize all such registrations and shall also ensure compliance of the provisions as contained under the MPD, 2021. In case other commercial activities are going on in the premises and not having a fire NOC as required under the law and are not conforming to the norms as per the MPD, 2021, the MCD shall take appropriate action in accordance with law in respect of such other commercial activities also within a period of 60 days from today.
11. List on 10.10.2023.
