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2021 Supreme(Raj) 612

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Sangeet Lodha,Mahendar Kumar Goyal, JJ.
Kunal Rawat - Appellant
Versus
State Of Rajasthan - Respondent
D.B. Civil Writ Petition (PIL) No. 1481/2018 Connected with D.B. Civil Writ Petition No. 14228/2019
Decided on : 23-07-2021

Advocates appeared:
Ms. Aradhana Swami Ms. Neha Gyamlani Mr. Aditya Jain, Advocate, for the Petitioner; Mr. M.S. Singhvi, AG assisted by Mr. Siddhant Jain Mr. Anil Mehta, AAG assisted by Mr. Yashodhar Pandey Mr. Ranveer Singh Mehta Mr. Sandeep Pathak Mr. Amit Kuri through VC, for the Respondent

The court has the authority to issue directions to restrict the construction of high-rise buildings until necessary fire protection equipment is available, and the State Government must comply with such directions.

Headnote:

Fire Safety - High-rise Building Construction - The court issued directions to restrict the construction of high-rise buildings above 32 meters until the necessary fire protection equipment is available in the municipality. The State Government issued a notification in compliance with the court's directions, restraining the construction of buildings beyond the specified height without government approval.

Fact of the Case:

The petitioner, an advocate, filed a PIL seeking directions to equip the fire brigade office and provide training to staff for fire protection. The court issued directions to restrict the construction of high-rise buildings until necessary fire protection equipment is available.

Finding of the Court:

The court rejected the application for impleadment by the Udaipur Builder's Association, stating that they cannot be considered a necessary or proper party in the matter, but permitted them to intervene.

Issues: The rights of the Udaipur Builder's Association were claimed to be adversely affected by the interim directions issued by the court.

Ratio Decidendi: The court's decision was based on the consideration that the Udaipur Builder's Association cannot be considered a necessary or proper party in the matter.

Final Decision: The application for impleadment by the Udaipur Builder's Association was rejected, but they were permitted to intervene in the matter.

JUDGMENT

1. [D.B. Civil Writ Petition (PIL) No. 1481/2018] This writ petition (PIL) is filed by the petitioner, an advocate by profession, seeking directions to the respondent No.4, the Chief Executive Officer, Jaipur Nagar Nigam, Jaipur to fully equip the fire brigade office and give the training to all the concerned staff for protecting fire incidents. On 03.07.2019, a Coordinate Bench of this Court issued inter-alia following directions:

"(vi) that the respondents shall furnish the particulars as to how many high-rise buildings having height of more than 32 meters, have been permitted and/or constructed so far in the State. No new high- rise buildings with the height of more than 32 meters should be allowed to come up in any of the cities till Arial Hydraulic Ladder Platform Equivalent to or more than, the height of the proposed building become available in Municipality of the concerned City."

2. The applicant- Udaipur Builder's Association has filed an application for impleadment as party respondent in the writ petition, inasmuch as in pursuance to the directions issued by this Court, the State Government has issued notification dated 26.11.2020 restraining the construction of building beyond the height of 32 meters without approval of the State Government.

3. Learned counsel appearing for the applicant submits that merely because the State has failed to procure requisite equipment for protection of the high-rise building from fire incident, the applicant and their alikes engaged in construction of building, cannot be penalized.

4. Learned counsel submitted that the rights of applicant are adversely affected by the interim directions issued by this Court and therefore, the applicant deserves to be impleaded as party respondent in the present petition.

5. Taking into consideration the issue raised in the PIL, the applicant cannot be considered to be a necessary or proper party in the matter.

6. Therefore, the application seeking impleadment is rejected. However, the applicant is permitted to intervene in the matter. [D.B. Civil Writ Petition No. 14228/2019] Mr. Anil Mehta, learned Additional Advocate General seeks a week's time to furnish the details regarding status of procurement of necessary equipments in terms of the directions issued by this Court.

7. The status report may be filed on behalf of the Sate within one week.

List the matter on 03.08.2021.

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