Issue Fire Safety Notification Or Risk Halt Of Building Plan Approvals: Bombay HC Warns Maharashtra Govt

Mumbai: The Bombay High Court on Wednesday directed the Maharashtra government to take steps regarding framing of fire safety rules, failing which it may consider passing an order for stopping the approval of building plans in Mumbai. The court also took a serious note of recent accidents in buildings due to fire, in which several people have lost their lives.

A bench of Chief Justice DK Upadhyaya and Justice Amit Borkar warned the government while hearing a public interest litigation (PIL) by advocates Abha Singh and Aditya Pratap seeking enforcement of the safety regulations in buildings vulnerable to man-made disasters.

Earlier, the government had submitted a detailed timeline, as per which, it was to notify new fire safety rules and regulations by October. The regulations were issued in 2009 in the aftermath of the 26/11 terror attacks. However, the court had noted repeatedly that the government has been dragging its feet on the issue.

On Wednesday, the court was informed that the policy was still in draft stage, it rapped the government for failing to issue a “simple notification”. “It was a simple thing. You (government) can’t issue a simple notification” If the court had not issued orders, you would not have taken things this far. We are not asking you to provide fire extinguishers. We are just asking you to issue the notification,” a bench remarked.

State’s advocate Jyoti Chavan, however, said it would some more time finalise the draft safety regulations in view of the Code of Conduct which would come in force for the ensuing elections. She said that the Deputy Director of Town Planning had considered all the suggestions and objections and submitted the draft to the government.

On a query on the delay in finalising the regulations, Chavan said that the same needs to be approved by the cabinet. Pratap showed news reports regarding where several members of a family died in an accidental fire in Chembur.

Taking a serious view of this, the bench remarked that the government has not issued notification and in the meantime, “the accidents, being caused by fire, in buildings, whether residential or commercial, continue causing loss of human lives”. “Only last week it was reported that in an accident caused by fire, several members of a family died in Chembur. Such an incident should not occur. Therefore, the court had expressed that necessary final notification be issued in two months (in July order),” the judges noted in the order.

It noted: “It was expected from the Urban Development Department (UDD) to have taken the issue of finalising the DCPR for Mumbai and UDCPR for the State with a sense of extreme urgency and expedition.”

It then kept the matter for hearing on October 11 to enable Chavan to take instruction from the UDD within which minimum period will the notification be finalised. It warned: “On the next date of hearing, the court may consider passing an order for stopping all development permission granted by planning authorities, at least in the city of Mumbai.”