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.
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