The court directed the competent authority to decide on a representation regarding the requirement of Fire NOCs for buildings under 15 meters in height in accordance with applicable laws and judicial precedents.

1¹ Whether approved for reporting?Whether reporters of Local Papers may be allowed to see the judgment? Yes

Jyotsna Rewal Dua, Judge

Notice. Mr. Y.P.S.Dhaulta, learned Additional Advocate General and Mr. Abhishek Nagta, learned counsel, appear and waive service of notice on behalf of the respective respondents.

2. This writ petition has been filed for grant of following substantive relief:-

“1. Allow the present writ petition and Issue a writ of Mandamus directing the Respondents not to insist upon obtaining Fire Department NOC, particularly recurring Fire NOCs, in respect of the Petitioner-s chool, which is housed in a building having a height of less than 15 meters, and to act in accordance with the provision s of the Himachal Pradesh Fire Fighting Service Act, 1984 , the National Building Code of India, 2016 , and the law laid down by the Hon'ble Supreme Court in Jupally Lakshmikantha Reddy v.State of CAndhra Pradesh & Anr. 2025 SCC OnLine SC 1950.”

3. Learned counsel for the petitioners makes out a grievance that even though petitioner is not required to have a No Objection Certificate from the Fire Department, height of petitioner’s building being less than 15 mtrs. in view of decision rendered in Jupally Lakshmikantha Reddy Vs. State of Andhra Pradesh & Anr²2025 SCC OnLine SC 1950, however, respondent No.2 has not decided petitioner’s representation dated 31.01.2026 (Annexure P-4 colly) on issue No. 6 therein, which pertains to subject matter raised in this writ petition.

Learned counsel for respondent No.2 states that on receipt of petitioner’s representation, the same was forwarded to the Director of School Education, Himachal Pradesh, who is the Competent Authority forH taking call on the subject issue, but no response thereto has been received as yet.

4. Looking to the grievances of the petitioner, but without examining the merits of the case, this writ petition is disposed of with liberuty reserved to the petitioner to file a representation too respondent No.1 within a period of one week. In casCe such a representation is so filed, the same shall be considered and decided by the respondent No.1/ Competent Authority in accordance with law, within two weeks thereafter. The decision so taken, be communicated to i the petitioner.

Pending miscellaneous application(s), if any, also to stand disposed of.