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IN THE HIGH COURT OF DELHI
Sachin Datta, J.
Darya Singh Deswal - Appellant
Versus
Delhi Development Authority - Respondent
W.P.(C) 6765 of 2021 and C.M. Appl. Nos. 21303 of 2021, 39166 of 2021
Decided On : 15-12-2022
The court affirmed the continued applicability of BBL, 1983 for existing constructions while recognizing UBBL, 2016 for new works, reinforcing compliance with fire safety regulations and structural audits.
Headnote:(A) Constitution of India - Article 226 - Writ of Certiorari and Mandamus - Petition filed to quash sanctions issued by DDA and DFS for the construction at Ashoka Apartments and to direct inspections for safety compliance - Petitioners argue that additional construction violates fire and building codes. (Paras 1, 2, 4, 10, 40)
(B) Applicable Laws - Unified Building Bye Laws (UBBL) 2016 and Building Bye Laws (BBL) 1983 - UBBL, 2016 must apply for new construction but existing buildings remain governed by BBL, 1983. (Para 25)
(C) Key Facts - Respondent society sought expansion of residential apartments after obtaining sanctions in 2018 and 2019; residents raised safety concerns regarding compliance with fire safety norms and building bye laws. (Paras 3, 5, 12)
(D) Findings of Court - The court found that existing staircases must comply with BBL, 1983; further construction can be continued following due procedure; previous sanctions were valid due to compliance with established laws. (Paras 30, 38) (E) Issues Addressed - Whether UBBL, 2016 or BBL, 1983 applies to ongoing construction; the need for a structural audit and compliance with fire safety norms were central to the argument. (Paras 25, 12) (F) Ratio Decidendi - Sanctions were granted in accordance with prescribed procedures; the court emphasized the applicability of existing regulations and safety measures to protect resident safety. (Paras 36, 31) (G) Result - Petition dismissed, allowing respondent to continue construction as per valid sanctions. (Para 40)
| Table of Content |
|---|
| 1. petition seeks specific construction permissions. (Para 1 , 2) |
| 2. applicability of ubbl, 2016 for new constructions. (Para 8 , 10 , 11 , 12) |
| 3. respondent justifies absence of structural audit. (Para 14 , 15 , 16) |
| 4. court addresses building code applicability. (Para 25 , 30 , 32) |
| 5. decision on construction based on approvals. (Para 38 , 40) |
JUDGMENT
Sachin Datta, J.
1. This present petition has been filed by the petitioners under Article 226 of the Constitution of India, seeking the following reliefs:
"(a) Issue Writ in the nature of Certiorari, to quash the Delhi Fire Services. impugned Sanction No. F 6/DFS/MS/BP/CGHS/2018/4547 dated 30.10.2018;
(b) Issue Writ in the nature of Certiorari, to quash the D.D.A.'s impugned Sanction No. DW12/0575/18-19 dated 24.06.2019;
(b) Issue Writ in the nature of Certiorari, to quash the D.D.A.'s Impugned Order No. F23(42)96/Bldg/120 dated 20.07.2020;
(c) Issue Writ in the nature of Mandamus, directing the D.D.A. and the Delhi Fire Services to do immediate Spot Inspection of the Defence Land and Cantonment Service Cooperative Group Housing Society Ltd. (Ashoka Apartments), Plot 8, Sector 12, Dwaraka, Delhi 110078, to assess in advance the possible impact of additional construction on the Structural-stability and Fire- safety, and, to ascertain the amount of violation of UBBL-2016 and other statutory provisions that the Management Committee, Ashoka Apartments has done;
(d) Issue Writ in the nature of Mandamus, directing the I.I.T., Delhi or any other reputed Expert Structural Engineering Institution to undertake the Third Party Structural Audit of all the buildings of the Ashoka Apartments, in the interest of life/safety, property and hard earned savings of the old aged residents of Ashoka Apartments;
(e) Issue Declaration/Order that, any additional construction raised/done so far by the Management Committee, Ashoka Apartments, in contravention of any Building Bye-laws and/or any other statutory provision, by taking advantage of the above impugned Orders, as illegal and liable for demolition; and,
(f) Any other or further Order(s) which this Court may deem fit and proper in the facts and circumstances of the case in the interest of justice."
2. The factual background in the context of which the present petition has been filed is broadly summarized hereinunder:
(i) The Defence Lands and Cantonment Service Cooperative Group Housing Society Limited, i.e., respondent no. 4 herein, was formed in 1983. In 1997, the Delhi Development Authority (hereinafter, referred to as `DDA') allotted and gave possession of land measuring 6500 sq. meters to the said society on perpetual lease. The construction of residential apartments by the name of Ashoka Apartments commenced thereafter, and was completed in the year 2000-2001. Admittedly, the construction was carried out in compliance with the relevant Building Bye Laws of 1983, (hereinafter, referred to as `BBL, 1983').
(ii) The relevant sanction from the Delhi Fire Services (hereinafter, referred to as `DFS') was obtained on 04.04.2001.
(iii) It is notable that the BBL, 1983 contemplated that in respect of the apartments in the aforesaid society (hereinafter, referred to as the `Ashoka Apartments'), being a high rise building of about 15 meters, there will be two staircases, i.e. (i) an enclosed internal stairway, minimum width of which would be 1.25 meters as per Clause 16.3.5(a) of BBL, 1983; (ii) an external staircase on the external wall of the building opening to an open safety area as per Clause 16.3.4 of the BBL, 1983; minimum width of the external staircase would be 75 cm as per Clause 16.4.4(f) of BBL, 1983.
(iv) Sometime around March/April, 2001, after having obtained necessary sanctions from the DDA and the DFS (hereinafter, referred to as the `original sanction'), the allotment of flats is stated to have been done by draw of lots, in the presence of the representatives of the DDA and the representatives of the Registrar, Delhi
