Bombay High Court
The Bombay High Court has recently denied a petitioner’s request to temporarily restrain the Mumbai Chief Fire Officer from issuing no-objection certificates for building constructions while the fire safety regulations are updated.
The Maharashtra government has indicated that it will take approximately two to two-and-a-half months to implement the new fire safety measures for buildings at risk of man-made disasters.
The court was considering a public interest litigation filed by lawyer Abha Singh, who is seeking the enforcement of fire safety regulations introduced in a 2009 draft. These regulations were established after the 2008 terror attacks in Mumbai.
In response, Additional Government Pleader Jyoti Chavan submitted an affidavit stating that the Maharashtra government issued a notice on March 15, published in the state gazette, proposing an addition to the Development Control and Promotion Regulation (DCPR) for Greater Mumbai. This new provision, 56A, addresses special safety controls for buildings vulnerable to man-made disasters. The notice invited public objections, and the procedure for finalizing the regulation is expected to take about two to two-and-a-half months.
The court instructed that the procedure should be completed within two months. Meanwhile, advocate Aditya Pratap, representing Singh, sought interim relief, citing instances where the Chief Fire Officer had approved NOCs and reduced required open spaces between buildings, which could jeopardize public safety. Pratap alleged that the Chief Fire Officer prioritized builders’ interests over safety concerns.
The bench directed the Chief Fire Officer to personally respond to these allegations and decided to address the interim relief request only after the state government finalizes the fire safety regulations. The hearing of the petition has been adjourned until October.
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