SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2004 Supreme(Del) 656

High Court Of Delhi
B.L.WADHERA - Appellant
Versus
GOVERNMENT OF NCT OF DELHI - Respondent
CIV.MISC. 6904 of 1998
Decided On : 08/23/2004

The judgment emphasizes the mandatory compliance with building byelaws, National Building Code, and fire safety provisions in high-rise buildings, regardless of previous exemptions in specific areas of Delhi.

Headnote:

Fire Safety - Applicability of Building Byelaws, National Building Code, and Delhi Fire Prevention and Fire Safety Act - [SUMMARY OF ACT SECTIONS]

Fact of the Case:

BSES Rajdhani Power Limited sought clarification of a court order regarding fire safety measures in high-rise buildings in Delhi. The company requested permission to provide electricity to high-rise buildings in Lal Dora and extended Lal Dora areas during the pendency of the application.

Finding of the Court:

The court analyzed the applicability of various provisions, including the Delhi Development Act, 1957, Delhi Building Byelaws 1983, and the Delhi Fire Prevention and Fire Safety Act, 1986. The court emphasized the requirement for fire safety measures in high-rise buildings and directed the Chief Fire Officer to ensure compliance with building byelaws and the National Building Code of India.

Issues: The main issue was the applicability of building regulations and fire safety measures in high-rise buildings in specific areas of Delhi.

Ratio Decidendi: The court held that the exemption granted in the past for certain provisions did not exempt the areas from all laws and byelaws. It emphasized the need for compliance with building regulations and fire safety measures, irrespective of the area's previous exemptions.

Final Decision: The court directed the Chief Fire Officer to ensure the provision of fire safety measures in high-rise buildings and to take immediate action in case of any contravention of the building byelaws and the National Building Code of India.

B. C. PATEL, J.

( 1 ) BSES Rajdhani Power Limited, engaged in the business of distribution of electricity in south and west distribution circles of National capital Territory of Delhi (hereinafter referred to as "nctd"), has approached this Court for clarification of the order made by the division Bench of this Court in the case of Dr. B. L. Wadhera Vs. Government of National capital Territory of Delhi and Others, being WP (C ) No. 2710/ 1998 decided on 29. 5. 2003.

( 2 ) BY the judgment dated 29. 5. 2003 we issued directions in para 63 of the judgment which are as under: "63. In the result after having

CONSIDERED all the pros and cons of this matter having heard the learned advocates in detail on various occasions, we intend to dispose of this petition by making the following direction: 1. In all high-rise buildings in Delhi and new Delhi, fire safety measures are to provided keeping in mind provisions made in the byelaws and specific provision for fire protection in the byelaws. And as per these requirements, there must be fire safety measures in such high-rise building, as contemplated in the byelaw as and National Building code on India, 1970. 2. In high-rise buildings wherein fire safety measures are required to be provided under the byelaws, National building Code as well as any other provision which are applicable, the builders, developers, organizers, contractors, architects and engineers, society, association of persons, etc. erecting buildings shall provide fire safety measure as per byelaws and without such measures, the respondent authorities shall not grant occupancy certificate. 3. So far as the existing but unoccupied buildings and buildings under construction are concerned, the respondent authorities acting under byelaws 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 byelaws and as per his satisfaction fire safety measures are provided. 4. When adequate and sufficient fire safety measures are provided and made operational, authorities granting permission under building byelaws shall strictly enforce, the provisions relating to fire safety system while granting occupation certificate. 5. It is further directed that henceforth the 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 byelaws. All electricity supply companies (BSES Rajdhani Power Ltd. , bses Yumuna Power Ltd. , Delhi Power co. Ltd. and North Delhi Power Ltd.) are directed in this behalf. If the builder / developer / organizer, etc. , is found indulging in malpractice in giving power connection meant for construction purpose and thereby permits illegal occupation such connection shall be disconnected forthwith and immediate action shall be taken against such builder / developer / organizer, etc. 6. 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 measures, then it will be the duty of the Fire Officer to call upon such occupier/ developer/ owner/builder 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. 7. By a public notice, Municipal commissioner/ Chairman, NDMS shall inform the Public at large who are occupying high-rise buildings to provide fife safety measures within a period of four weeks from the date of publication. According to us, though fo






















































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top