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Synopsis

Observing that there can be no compromise on the issue of the safety of students, the Delhi High Court on Tuesday said that coaching centres not complying with statutory requirements under the Delhi Master Plan, 2021 will have to be shut down.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said, “There can be no compromise on the issue of safety of students”.

At the outset, the counsel for an association of coaching centres claimed that they are complying with the norms. Howver, the court said that it is for the authorities to see whether they are compliant or not.

The bench was dealing with a batch of pleas concerning the operations of coaching centres in Mukherjee Nagar, a coaching hub for government job aspirants. The court was also hearing a suo moto plea after a June 15 blaze at a coaching centre in north Delhi’s Mukherjee Nagar which resulted in the injury of 61 students.

During the hearing, the court allowed two separate impleadment requests submitted by Mukherjee Nagar residents and the Coaching Federation of India.

“They are impleaded as parties and are free to file a response in the matter. Coaching Federation of India is required to be heard as consequential orders are required to be passed in their capacity,” the court said.

The federation filed a plea asking the court to reconsider its July 25 order whereby the Delhi Authorities were directed to shut down any coaching facilities functioning in the area without a no-objection certificate (NOC) from the fire services department.

The bench directed the Station House Officer (SHO) of the Mukherjee Nagar police station, the state government, and the Municipal Corporation of Delhi (MCD) to submit their status reports on the case within four weeks.

“Our order is very clear. If a coaching centre is not conforming to MPD 2021, it has to be shut down. It is for them (authorities) to see if you are compliant with MPD 2021, norms or not”, the court ordered. Accordingly, the court listed the matter for further consideration on November 23.

On the last hearing, the court had remarked orally, "The Master Plan-2021 provides for registration of mixed land use upon charges. Undisputedly, the registration has to be done by MCD, subject to fulfilment of condition as enumerated under clause 15.7.3 of the MPD…In the considered opinion of this court, if a coaching centre is not conforming to the norms as per the MPD, it has to be shut down. There is no other alternative. Resultantly the respondents are directed to close down all coaching centres which do not have fire No-Objection Certificate (NOC)".

While directing all authorities, including the Delhi government, police, and the fire department to provide logistical support to the MCD to shut non-conforming institutes, the court had said that the civic body shall be free to cancel the registration as they are not fulfilling the requisite norms.

“There should not be a coaching centre contrary to the MPD-2021 and all the coaching centres are under the obligation to comply with MPD,” the court had said.

Case Title: Kanchan Gupta v. Lt. Governor, State of Delhi & Ors (a batch of petitions)