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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Sangeet Lodha, Mahendar Kumar Goyal, JJ.
Kunal Rawat - Appellant
Versus
State of Rajasthan & Ors. - Respondents
D.B. Civil Writ Petition (PIL) No. 1481/2018 Connected with D.B. Civil Writ Petition No. 14228/2019
Decided On : 23-07-2021
FIRE SAFETY - HIGH-RISE BUILDINGS - The court addressed the need for adequate fire safety measures in high-rise buildings, emphasizing that no new constructions exceeding 32 meters in height should proceed without the availability of appropriate fire-fighting equipment. The court's decision was influenced by the necessity to protect public safety and ensure compliance with fire safety regulations, leading to a temporary halt on high-rise constructions until the required equipment is procured.
Fact of the Case:
The petitioner, an advocate, filed a PIL seeking directions for the Jaipur Nagar Nigam to equip fire brigade offices and train staff for fire incidents. The court previously directed that no new high-rise buildings over 32 meters should be constructed until adequate fire-fighting equipment is available.
Finding of the Court:
The court found that the applicant, Udaipur Builder's Association, could not be considered a necessary party in the PIL, as the interim directions were aimed at public safety rather than penalizing builders. The application for impleadment was rejected, but the applicant was allowed to intervene.
Issues: Whether the Udaipur Builder's Association should be impleaded as a party in the PIL concerning fire safety measures for high-rise buildings.
Ratio Decidendi: The court held that the focus of the PIL was on public safety and compliance with fire safety regulations, and the rights of builders could not override the necessity for adequate fire safety measures.
Result: The application for impleadment by the Udaipur Builder's Association was rejected, but they were permitted to intervene in the proceedings.
JUDGMENT
[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."
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.
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.
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.
Taking into consideration the issue raised in the PIL, the applicant cannot be considered to be a necessary or proper party in the matter.
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.
The status report may be filed on behalf of the Sate within one week.
List the matter on 03.08.2021.
AI
The court established that public safety in fire incidents takes precedence over construction rights, necessitating compliance with fire safety regulations before allowing high-rise buildings.
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 s....
(1) Rules applicable to High Rise Buildings cannot be applied to buildings which are not High Rise Buildings – SDMC cannot keep sanction of Revised Building Plan submitted by Appellant in abeyance in....
The Rules, 1999 are absolutely of technical nature in regard to building construction, and therefore until and otherwise it is established that any of the rule or rules has any sort of technical flaw....
The impugned proceedings were set aside as they were found to be contrary to building permit orders and lacking in factual basis.
Height of buildings must be measured excluding basements as per KMB Rules 1999.
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