The court affirmed that fire safety compliance and adequate parking are essential requirements for the operation of function halls, directing the petitioner to obtain a valid NOC from the competent Fire Department authority to satisfy municipal requirements.

ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:-

“…to issue a order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in issuing final notice No.G1/1015/2012, dated 11.06.2013 for obtaining No Objection Certificate to the petitioner’s M/s. Bajrang Function Hall situated at beside Raviteja Hotel, Near Bus Stand Road, Adilabad, Adilabad District as illegal, arbitrary and in violation of principles of natural justice and consequently set aside the same and pass such other order or orders…”

2. Heard Mr. Nagula Sreenivas Yadav, learned counsel for the petitioner and Mr. Putta Krishna Reddy, learned Standing Counsel for the respondent. Perused the record.

3. Admittedly, the copy of the permission obtained from the respondent-Municipality has not been filed before this Court and when the learned counsel for the petitioner was asked to file the copy of permission, it is stated that the petitioner is not in contact with him. He however submitted that the building permission, along with the copy of the property tax receipt and the blue prints of the topographic, section plan, and existing plan, have been submitted to the District Fire Officer, Adilabad.

4. Be that as it may, since the building permission issued by the authorities is not filed before this Court, the very adjudication is not feasible based on the impugned notice filed while submitting application dated 28.04.2013 seeking NOC.

5. A perusal of the record shows that the petitioner filed a Memo, dated 09.07.2013 before this Court vide USR.No.7396 dated 10.07.2013, undertaking to provide sufficient parking area for Bajrang Function Hall within a period of thirty (30) days from the date of receipt of directions in the present writ petition, to the satisfaction of the Municipal Authorities. However, it appears that no specific direction was issued by this Court in that regard.

6. Further, it has not been placed before this Court whether the petitioner has produced the required No Objection Certificate (NOC) from the Fire Department and provided the requisite parking area as directed in the impugned notice during the interregnum period.

7. Admittedly, considering the nature of the activities stated by the petitioner in the writ affidavit, installation of fire protection cylinders and compliance with fire safety requirements are essential for the said premises.

8. Further, though the impugned notice was issued by the Commissioner, Adilabad Municipality (respondent herein), the officials of the Fire Department are the competent authorities to examine the fire safety measures and grant the necessary NOC if the petitioner is entitled. However, the said officials have not been impleaded as party respondents in the present writ petition. Neverthless, considering that the writ petition has been pending since the year 2013, this Court is of the view that the matter need not be prolonged by directing impleadment of the Fire Department officials at this stage.

9. In view of the above circumstances, and considering that the matter pertains to the year 2013 and it is submitted that the petitioner is presently not in contact with the counsel to apprise this Court of the present status as to whether the petitioner is still operating the function hall in the subject premises and whether the NOC as required from the Fire Department has been obtained and parking facilities provided, the petitioner is granted liberty to submit an appropriate application afresh before the concerned officials of the Fire Department seeking issuance of NOC, within a period of two (02) weeks from the da