Mandatory adherence to fire safety norms necessitates maintaining appropriate setbacks in high-rise constructions to prevent hazards and ensure emergency access.

ORDER :

S. SUNIL DUTT YADAV, J.

1. The present petition has been filed by the Rajsri Apartment Owners Association and other local residents calling in question the revised No Objection Certificate (NOC) bearing No.GBC(1)195/2013 dated 13.06.2023 at Annexure Q. By virtue of the said NOC, the Karnataka State Fire and Emergency Services Department – Respondent No.4, while considering the request for grant of NOC pursuant to a proposal of revised plan, has granted an NOC.

The petitioner has also sought for setting aside of the modified sanction plan bearing No.BBMP/Addl.Dir/JD South/LP/0021/20-21 dated 31.08.2021 at Annexure H, H1 and H2. By virtue of the said modified sanction plan, the respondent No.3 who is the builder had sought to modify the sanction plan which earlier consisted of residential building into a mixed development including a commercial space. The residential development consists of Block A - Wing A and B, and the commercial unit consists of Block B[The nomenclature is as per the Fire no objection certificate.]. The grievance of the petitioner as regards such modified plan on various grounds is dealt with later.

Petitioner has also sought for consideration of the representation at Annexure L which was addressed by the petitioner No.1 to the Bruhath Bengaluru Mahanagara Palike (B.B.M.P) requesting for issuance of a direction to stop construction while making out various grounds including reduced access for Fire-Engine Vehicle and Ambulances to reach destination in case of fire or any untoward incidents in the apartment building.

2. The brief facts are that the respondent No.3 – builder/developer was granted a sanction plan on 12.01.2015 to put up a residential building consisting of Wing – A and B and had sold the apartment units. It is also made out that the partial occupancy certificate was granted with respect to residential tower of Wing – B as on 07.01.2019. Subsequently, it appears that on 31.08.2021, the respondent B.B.M.P had issued modified building sanction plan which permitted development of commercial building as well. Various contentions have been raised assailing the modified sanction plan as well as questioning validity of revised Fire NOC which had diluted the conditions imposed in the No Objection Certificate dated 19.04.2014 which was issued at the time of granting sanction for the initial stage of development of residential development of Wing A and B.

3. It is noticed that the petitioner No.1 had filed O.S. No.8114/2023 seeking for relief of declaration regarding entitlement to maintenance of setback area of 8.00 meters as specified in the NOC, further declaration that he was entitled for easementary rights and direction to demolish unauthorized constructions. It is necessary to notice that the said suit came to be withdrawn during the pendency of the present petition.

4. Heard Sri. Madhukar M. Deshpande, learned counsel appearing for the petitioners and Sri. K. B. Monesh Kumar, learned counsel for respondents 1 and 2 and Sri. Udaya Holla, learned Senior Counsel appearing for respondent No.3 and Smt. B.P. Radha, learned Additional Government Advocate for respondent No.4.

5. Though various contentions have been raised by both sides, to avoid repetition they are dealt with infra while recording a finding regarding such contentions.

6. At the outset it must be noticed that the scope of the present lis is limited to examination of the requirement of maintaining the setback around the residential constructed portion of Wing B as provided under the Fire NOC dated 19.04.2014, issued at the stage of sanction of plan, [Sanction Plan dated 12.01.2015] for the residential development consisting of Wing A and B. In the synopsis of submission filed by the petitioner on 02.05.2025, the petitioner would limit the lis to the following:

“The Respondent No.3 in the guise of issuance of modified sanction plan dated 31.08.2021(Annexure-H to H2) is constructing the commercial building without leaving 8 meters setback between