Judicial
Pronouncements
Friends Colony Development Committee Appellant v. State of
Orissa and others. Respondents.
Though the Municipal laws permit deviations from sanctioned
constructions being regularized by compounding but that is
by way of exception. Unfortunately, the exception, with the
lapse of time and frequent exercise of the discretionary power
conferred by such exception, has become the rule. Only such
deviations deserve to be condoned as are bona fide or are
attributable to some misunderstanding or are such deviations
as where the benefit gained by demolition would be far less
than the disadvantage suffered. Other than these, deliberate
deviations do not deserve to be condoned and compounded. Compounding
of deviations ought to be kept at a bare minimum. The cases
of professional builders stand on a different footing from
an individual constructing his own building. A professional
builder is supposed to understand the laws better and deviations
by such builders can safely be assumed to be deliberate and
done with the intention of earning profits and hence deserve
to be dealt with sternly so as hence deserve to be dealt with
sternly so as to act as a deterrent for future. It is common
knowledge that the builders enter into under-hand dealings.
The State Governments should think of levying heavy penalties
on such builders and there from develop a welfare fund which
can be utilized for compensating and rehabilitating such innocent
or unwary buyers who are displaced on account of demolition
of illegal constructions. The application for compounding
the deviations made by the builders should always be dealt
with at a higher level by multi membered High Powered Committee
so that the builders cannot manipulate. The officials who
have connived at unauthorized or illegal constructions should
not be spared. In developing cities the strength of staff
which is supposed to keep a watch on building interest of
constant and vigilant watch on illegal or unauthorized constructions.
Dr.B.L.Wadhere vs Government of NCT of Delhi
In all high rise building in Delhi and New Delhi, fire safety
measures are to be provided keeping in mind provisions made
in the bye laws and specific provision for fire protection
in the bye laws. There must be fire safety measures in such
high rise buildings.
The builders, developers, organizers, contractors, architects
and engineers, society, Association of persons etc erecting
buildings shall provide fire safety measures as per bye laws
and without such measures, the respondent authorities shall
not grant occupancy certificate.
Respondent authorities acting under bye laws are directed
not to grant occupancy certificate unless and until sufficient
fire protection system is installed, is made operational and
is certified by the Fire Officer concerned to the effect that
as per by laws and as per his satisfaction fire safety measures
are provided.
Respondent authorities shall not supply essential services
to any new high rise building unless and until the building
is erected in accordance with law and bye laws.
Are directed in this behalf.
That the Fire Officer shall carry out periodical as well
as surprise checking to satisfy himself that the fire safety
measure provided in the high rise buildings are provided or
not. If the same are provided, such visits shall be made to
find out whether the same are in working/operational condition
or if the builders/developers/owners/occupiers have made a
show of providing fire safety measure.
To set right the system and on failure to do so within a
reasonable time, the Fire Officer shall take steps to get
the essential supplies to such building, such as water, and
electricity, etc. disconnected and seal the building as provided
in Safety Act.
By a public notice, Municipal Commissioner/Chairman NDMC
shall inform the public at large who are occupying high rise
buildings to provide fire safety measures within a period
of four weeks from the date of publication.
If the fire safety measures are not provided within a period
of four weeks as stated above, then the respondent authorities
shall disconnect essential supplies such as water and drainage
and seal the building. One must bear in mind that public notice
was given earlier.
The Government is directed to install fire safety measures
in all Government high rise buildings within four weeks from
today. The respondents shall initiate disciplinary proceedings
against its employees, servants, officers as some of the buildings
are occupied despite the fact that fire safety measure are
not provided in accordance with the provisions in this regard.
Respondents shall place before the court how many high rise
buildings are erected after approval of the plans by the competent
authority and how many buildings were provided with fire safety
measures as required under bye laws before the occupancy and
what action is taken against occupiers in connection with
the buildings, which are erected contrary to any bye laws
or are occupied without fire safety measures. Such report
be filed within three months from today.
It should not, therefore be understood that merely because
the fire safety measures are provided the erection of building
is in accordance with the bye laws.
It is directed that NDMC/DJB/PWD shall put all the static
water tanks in working conditions within a period of three
months and shall file a report about the action taken in this
behalf.
The DDA considering the importance of fire safety shall take
decision within four months for allotment of plots for fire
stations.
Respondent and the commissioner of police are directed to
clear encroachments on pavements, on roads and public streets
within a period of four months for easy movements of fire
engines and ambulance vans.
Dr.B.L.Wadhere vs Government of NCT of Delhi
In all high rise building in Delhi and New Delhi, fire safety
measures are to be provided keeping in mind provisions made
in the bye laws and specific provision for fire protection
in the bye laws. There must be fire safety measures in such
high rise buildings.
The builders, developers, organizers, contractors, architects
and engineers, society, Association of persons etc erecting
buildings shall provide fire safety measures as per bye laws
and without such measures, the respondent authorities shall
not grant occupancy certificate.
Respondent authorities acting under bye laws are directed
not to grant occupancy certificate unless and until sufficient
fire protection system is installed, is made operational and
is certified by the Fire Officer concerned to the effect that
as per by laws and as per his satisfaction fire safety measures
are provided.
Respondent authorities shall not supply essential services
to any new high rise building unless and until the building
is erected in accordance with law and bye laws.
Are directed in this behalf.
That the Fire Officer shall carry out periodical as well
as surprise checking to satisfy himself that the fire safety
measure provided in the high rise buildings are provided or
not. If the same are provided, such visits shall be made to
find out whether the same are in working/operational condition
or if the builders/developers/owners/occupiers have made a
show of providing fire safety measure.
To set right the system and on failure to do so within a
reasonable time, the Fire Officer shall take steps to get
the essential supplies to such building, such as water, and
electricity, etc. disconnected and seal the building as provided
in Safety Act.
By a public notice, Municipal Commissioner/Chairman NDMC
shall inform the public at large who are occupying high rise
buildings to provide fire safety measures within a period
of four weeks from the date of publication.
IF the fire safety measures are not provided within a period
of four weeks as stated above, then the respondent authorities
shall disconnect essential supplies such as water and drainage
and seal the building. One must bear in mind that public notice
was given earlier.
The Government is directed to install fire safety measures
in all Government high rise buildings within four weeks from
today. The respondents shall initiate disciplinary proceedings
against its employees, servants, officers as some of the buildings
are occupied despite the fact that fire safety measure are
not provided in accordance with the provisions in this regard.
Respondents shall place before the court how many high rise
buildings are erected after approval of the plans by the competent
authority and how many buildings were provided with fire safety
measures as required under bye laws before the occupancy and
what action is taken against occupiers in connection with
the buildings, which are erected contrary to any bye laws
or are occupied without fire safety measures. Such report
be filed within three months from today.
It should not, therefore be understood that merely because
the fire safety measures are provided the erection of building
is in accordance with the bye laws.
IT is directed that NDMC/DJB/PWD shall put all the static
water tanks in working conditions within a period of three
months and shall file a report about the action taken in this
behalf.
The DDA considering the importance of fire safety shall take
decision within four months for allotment of plots for fire
stations.
Respondent and the commissioner of police are directed to
clear encroachments on pavements, on roads and public streets
within a period of four months for easy movements of fire
engines and ambulance vans.
V.M.KURIAN V. STATE OF KERALA
There cannot be relaxation of rules, which are mandatory
in nature and cannot be dispensed with especially in the case
of High Rise Buildings like
1. Minimum open spaces required to be kept in the front of
rear and sides
2. Front rear and side yards
3. Projections into the constructions on open spaces
4. Floor area ratio
5. Maximum prescribed height
6. Aerodrome vicinity height restrictions
7. Parking spaces
8. Minimum width of staircases
9. Fire Protection
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