HC orders inspection of DLF mall by DDA

The Delhi High Court today asked the DDA to conduct an inspection of the popular South Delhi mall, DLF Place, to ascertain if the kiosks inside it posed a risk to public health or safety.

The bench observed that the authority should not require a court order to perform its job.

"You don't need a court order to do your job. Go and inspect the second mall also," a bench of Acting Chief Justice Gita Mittal and C Hari Shankar said.

The court had earlier ordered an inspection of Select City Walk mall, situated adjacent to DLF Place, by the Delhi Development Authority (DDA) for the same purpose.
 

During today's hearing, when the court asked the DDA about the inspection of the second mall, it was informed that the bench had earlier asked it to inspect one mall.

It also asked the DDA to file an affidavit on the inspection conducted at Select City Walk and listed the matter for further hearing on April 18 next year.

The counsel for Select City Walk argued that the petition was filed without any verification of facts and a fishing inquiry was being done, and claimed that the kiosks in the open areas were not unauthorised.

The court was hearing a PIL alleging that commercial activities inside the open areas of the popular south Delhi malls--Select City Walk and DLF Place--could pose a risk to public safety if there was a fire or an earthquake.

The bench had earlier observed that if there were any illegal commercial activities blocking the entry or exit points in the malls, it could lead to a situation like the 1997 Uphaar tragedy which had claimed 59 lives.

The petition has alleged that the two malls have "not adhered to the fire safety rules and national building codes" which mandate that there be no encroachment of common areas, exits, terraces and other open areas.

The allegations have been refuted by both the malls in their respective replies to the PIL.

The stand of the malls has been supported by the Delhi Fire Services which said that it had inspected both the premises on August 28 on the high court's direction and had found that the fire prevention and safety measures were being maintained by them.

The police, in its reply, had said that while it was not empowered to remove or demolish any unauthorised encroachment inside the malls, it would provide adequate assistance to the civic agencies which would undertake such an exercise.

The Select Infrastructure Pvt Ltd, owner of Select City Walk, in its reply had said that the kiosks in the open areas were neither unauthorised nor a misuse, and no risk was caused to the public health or safety by them.

DLF, which runs the other mall there, had told the court that there has been no violation of rules on its part and urged the bench to dismiss the PIL.

The petitioner, advocate Jeetender Gupta, has sought directions to the authorities to remove or demolish the encroachments, obstructions or alterations in the open or common areas, entries and exits.