Will Consider Stopping All Development Work In City of Mumbai If Fire Safety Norms Not Enforced: Bombay High Court

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Synopsis

The bench observed that there was a delay in issuing the final notification even after the bench in its earlier order had directed the notification be issued by 31st July

The Bombay High Court on Wednesday said that it will consider stopping all development work in the city of Mumbai if the fire safety norms are not enforced by the state government.

“On the next date, the Court may consider passing an order stopping all permissions for development being granted by different Planning Authorities/Corporations at least within the city of Mumbai,” the order reads.

The division bench of the high court comprising Chief Justice Devendra Upadhyaya and Justice Amit Borkar was hearing a Public Interest Litigation filed by Advocate and Social Activist Abha Singh seeking to implement the draft special rules and regulations for safety 2009 for fire safety buildings vulnerable to man-made disasters. 

The bench in its order noted that on 31 July 2004 expressed its expectation and hope that final notification for DCPR-2034 for Greater Mumbai and UDCPR-2020 for the State of Maharashtra shall be issued by the State by the next date.

However, Government Pleader Jyoti Chavan tendered a communication addressed to her by the Under Secretary, Department of Urban Development, Government of Maharashtra, dated 7 October 2024, according to which, the Urban Development Department has compiled the concerned files and the files are in process of final approval.

The bench observed that there was a delay in issuing the final notification even after the bench in its earlier order had directed the notification be issued by 31st July. The bench further said,

“..the accidents being caused by fire in buildings, be it residential, commercial or industrial have not abated leading to loss of human life. Only last week it was reported in the newspapers that in an accident caused by fire, seven members of a family have died at Siddharth Colony, Chembur,” the order reads.

Furthermore, it noted that amendments in the DCPR for Mumbai and in UDCPR for rest of the Maharashtra have been proposed only to strengthen the provisions relating to the grant of permission for development and to make such constructions compliant with the necessary precautions required for preventing fire and for addressing the situation caused by other natural/manmade disasters.

The high court adjourned the matter to 11th October allowing the government pleader to take instructions.

Case title: Abha Singh vs State of Maharashtra & Ors