Advocates appeared:
For the Petitioner(s): Mr. Nidhesh Gupta, Sr. Adv. Ms. Deepika Kalia, Adv. Mr. Kapish Seth, Adv. Ms. Pallavi Singh, Adv. Mr. Mrityunjay Singh, Adv. Ms. Priyanka Khosla, Adv. Ms. Kanika Chugh, Adv. Mr. Nimish Seth, Adv. Mr. Lakshmi Raman Singh, AOR
For the Respondent(s): Ms. Aishwarya Bhati, ASG Mr. K.M. Nataraj, ASG Mr. V. Balaji, Adv. Mr. Raghavendra S. Srivastava, Adv. Ms. Poornima Singh, Adv. Ms. Manisha Chava, Adv. Ms. Priyanka Das, Adv. Mr. G.S. Makker, Adv. Mr. B. V. Balaram Das, AOR Mr. Vishnu B. Saharya, Adv. Mr. Viresh B. Saharya, Adv. Mr. Akshat Agarwal, Adv. For M/S. Saharya & Co., AOR Ms. Vandana Sehgal, AOR Mr. Amrish Kumar, AOR

Certainly. Based on the provided legal document, here are the key points summarized with corresponding references:

1. The rules applicable to High Rise Buildings cannot be extended to buildings that are not classified as High Rise Buildings. The SDMC cannot keep the sanction of the Revised Building Plan in abeyance indefinitely, and decisions regarding sanction must be made within prescribed timelines. (!) (!) (!)

2. The provisions of the Unified Building Regulations are mandated to be interpreted harmoniously with the Master Plan of Delhi. Any amendments or modifications to the Master Plan automatically become part of the Building Regulations, and all regulations concerning land use, height, and safety standards are interconnected. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)

3. Fire safety regulations, including the requirement for clearance from the Delhi Fire Service, are applicable only to buildings classified as High Rise Buildings, i.e., buildings taller than 15 meters or with four or more upper stories, including mezzanine floors. Buildings that do not meet this classification are not subject to the fire safety clearance mandate, provided they conform to the applicable building bye-laws and standards. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)

4. The amendments to the Master Plan, which increased the permissible height of residential buildings with stilt parking to 17.5 meters, imply that such buildings should not be regarded as high rise or multi-storied for fire safety purposes, especially when the height excluding stilt parking remains below the threshold. Consequently, the classification and regulatory requirements should be read in light of these amendments, and buildings within these height limits should not be subjected to regulations meant for high rise buildings. (!) (!) (!) (!) (!) (!)

5. The application for sanctioning or rejecting a building plan must adhere to the timelines specified in the applicable building bye-laws. If the Fire Service or any external authority fails to respond within the stipulated period, the application is deemed to be sanctioned, and the decision must be communicated with reasons if refused. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)

6. The building owner is responsible for ensuring compliance with safety and fire regulations, regardless of the sanctioning process. The owner cannot be relieved of liability for violations and must adhere to the safety standards appropriate for the building’s classification. (!) (!)

7. The challenge to Rule 27(2) of the Fire Service Rules, which classifies certain residential buildings as likely to cause a fire risk based on height and number of stories, is misconceived when read in conjunction with the Master Plan and building bye-laws. These regulations, including height limits, are intended to be interpreted purposively and harmoniously, considering amendments and specific provisions for parking and height measurement. (!) (!) (!) (!) (!)

8. The building’s height, including stilt parking, must be measured in accordance with the applicable regulations, which specify that height exceeding 15 meters without stilt or exceeding 17.5 meters with stilt parking should be classified as high rise. When the height remains within these limits, fire clearance and safety regulations applicable to high rises are not mandatory. (!) (!) (!)

9. The authorities cannot indefinitely delay the approval process or reject a plan solely on the grounds of fire safety clearance if the building does not qualify as a high rise under the applicable regulations. Decisions must be made within the statutory timelines, and reasons for rejection are required if the application is refused. (!) (!)

10. The regulatory framework, including the Master Plan, Building Bye-laws, and Fire Service Rules, collectively determines the classification and safety requirements for buildings. Any amendments or notifications that clarify or change height classifications should be incorporated into the interpretation of the rules, ensuring that buildings within permissible height limits are not unjustly subjected to high rise regulations. (!) (!) (!) (!) (!) (!)

These key points reflect the principles, regulatory requirements, and procedural mandates derived from the legal document, emphasizing that buildings not classified as high rise under the current regulations are not subject to the fire safety clearance obligations applicable to high-rise buildings, provided they conform to the relevant height and safety standards.