Surat Fire Tragedy: Gujarat HC notice in PIL filed for implementation of National Building Code

The Gujarat High Court has issued notice in a PIL calling for the implementation of the National Building Code, 2016. The PIL has been filed in the wake of the Surat fire tragedy that claimed the lives of 22 students of a coaching institute in the Takshashila Arcade on May 24..Among other prayers, the PIL filed by Sajeev Bhargav Ezhava highlights the need to implement a Centralised Audit Mechanism to check whether buildings are in compliance with the applicable building norms and safety provisions..The petition has been filed through Advocates Vishal J Dave and Nipun Singhvi..Ezhava has pointed out that the Surat fire tragedy can be easily traced to the failure of the authorities to ensure that the building which housed the coaching institute was in compliance with the Building Code. .He has contended that Municipal Commissioner and the Chief Fire Officer, Surat were also aware that the four-storied building was allowed to operate despite it being an irregular structure in violation of building norms. .Inter alia, the petition highlights that an alternate staircase had been sealed off and that the building was regularised despite the construction of an illegal dome in 2012. .“It is submitted that the second staircase, which was not made of iron or wood but of relatively less combustible concrete material, was permanently sealed at both the ends on third and fourth floor. This was a criminal act.”.False ceilings, flex banners etc used in the building further aggravated the spread of the flames after it was sparked off by an air-conditioning fault, the petition states. .Moreover, the fire department was also not equipped to handle the emergency after the fire spread. Ezhava highlights,.“Even the fire engines were not equipped with hydraulic lifts, the students were forced to jump of or either stay back in floor filed with massive fire and smoke….… families of the victims have stated before the Media that the Fire Brigade Officials who had arived at the place of the incident did not have with them a proper safety gear to wear, neither were they aware of the protocols to follow. They also seemed lost as to where to start the evacuation process from. All of this resulted in loss of the most essential and critical time, which could have been utilized in saving lives of students. .Further there was no extendable ladder with the fire department up to third floor and fourth floor even there was no net with them to save the student falling from the floor and event the water got extinct soon, therefore, the hydraulic crane was to be called which reached the place of incident after 40 minutes which wasted the critical time by then most of the students died.” .The tragedy has also prompted Ezhava to call out the apparently flagrant violation of fire safety when it comes to commercial buildings generally, more so with high rise buildings..The law provides for the creation of refugee areas i.e. areas where people can take shelter in the event a fire or like contingency occurs in a building. Such areas are permitted to be developed without it being calculated to determine the permissible Floor-Space Index (FSI)..However, no such area is provided for when the building is finally developed, contends the petitioner. Rather, areas demarcated as refugee areas are used as a means for erecting irregular structures over more area..“ …many builders and developers are misusing this provision [FSI-free demarcation of refugee areas] to gain undue commercial gains by seeking permission to build huge areas as refuge areas far in excess of norms completely free of FSI and then merging them with the apartments to be used as habitable areas in the form of decks and terraces..This malpractice is prevalent in the major cities of the State where maximum high-rise buildings have come up.” .In view of these concerns, the petitioner has called on the Court’s intervention to implement the following, among other prayers..Strict implementation of the National Building Code, 2016 and allied safety norms for buildings;Development of a Centralised Audit Mechanism to conduct regular safety audits over public and commericial buildings;Make fire insurance coverage mandatory for commercial and public buildings, including coaching classes and schools;Seal buildings that are functioning irregularly or illegally in violation of safety norms. Action should also be taken against State authorities complicit in allowing such irregular or illegal buildings to continue functioning. Further, errant building owners or developers should also be proceeded against. Building licences of errant persons should also be cancelled, permanently or temporarily depending on the degree of violation;No completion certificate or occupation certificate should be issued for any building unless the developer obtains a certificate from the concerned authority to the effect that the building has been constructed in accordance with the requirements of the National Building Code of India, 2016 and all applicable local laws;An inquiry should be conducted to fix responsibility for the Surat Fire tragedy which claimed the lives of 22 students of a coaching institute. To this end, the petition also calls for the constitution of a Special Investigation Team (SIT)..Image courtesy: India Today.[Read Order].[Read Petition].Bar & Bench is available on WhatsApp. For real-time updates on stories, Click here to subscribe to our WhatsApp.