In a petition which points out violation of fire safety norms in buildings including Supreme Court of India and Parliament, the Supreme Court today issued notice to all State governments..This PIL filed by an NGO by the United Human Rights Federation seeks directions for implementation of National Building Code to prevent fire tragedies..It was heard a Bench of Chief Justice of India Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud. The petitioner NGO was represented by Senior Counsel V Giri and Advocate VK Biju..The petition avers that a number of establishments including hotels, banquet halls and even residential complexes flout fire safety norms. Even educational institutions are housed in buildings that often flout fire safety rules. It is alleged in the petition that some builders and developers misuse the open spaces or refugee areas provided for in the National Building Code..It has been contended that there are a number of safety provisions listed in the National Building Code like provision for fire-lifts in high-rise buildings, fire-escape in buildings for emergency situations and storage of heavy static water in underground tanks. But these rules are not adhered to by developers and builders, the petition states..In fact, the petition also points out that there are “blatant violations” in the buildings of the Supreme Court of India and the Parliament House insofar as fire safety management is concerned. The petition states,.“There are blatant violations in the buildings of Hon’ble Supreme Court and Parliament House as far as the Fire Safety Management concerns. As while pursuing the extensive research on fire safety issues in India, the petitioner has encountered with the news of unsafe conditions of the Hon’ble Supreme Court and Parliament house, the two utmost important building resembling the symbol of democracy.”.The petitioner claims that the risk posed by the flouting Fire Safety norms is in clear violation of the rights guaranteed under Articles 14, 19, and 21 of the Constitution of India. To buttress the case, the petition also lists some of the biggest fire tragedies in India in recent past..The petitioner has also alleged that these norms and provisions of the National Building Code have been flouted by the developers in “connivance with” the government authorities..“…the provisions of the National building code as amended time to time upto 2016 is blatantly violating by the speculative developers / contractors / owners in connivance with the govt. authorities and thereby about 25 lacs people were losing their lives in different type of fire accidents tragedies. (sic)”.Consequently, the petitioner has prayed for the directions to be issued to the respondent States to ensure that fire safety measures in buildings are in conformity with the National Building Code and other bye-laws enacted by the State and the Centre..Additionally, the petitioner has also prayed:.That a “Centralised Audit Mechanism” be developed by the respondents to take stock of the maintenance status of public access biuildings.That the respondents implement a third party audit mechanism for high rise buildings after their construction is complete.For the Court to issue directions to the respondents to fix the liability of those owners, builders or officials responsible for such buildings and compensation be given to victims. Besides, no certificate of completion be given to projects that are not in conformity with the provisions of the National Building Code..The Court after hearing the petitioner today issued notice to all States..Read the petition and order below.
In a petition which points out violation of fire safety norms in buildings including Supreme Court of India and Parliament, the Supreme Court today issued notice to all State governments..This PIL filed by an NGO by the United Human Rights Federation seeks directions for implementation of National Building Code to prevent fire tragedies..It was heard a Bench of Chief Justice of India Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud. The petitioner NGO was represented by Senior Counsel V Giri and Advocate VK Biju..The petition avers that a number of establishments including hotels, banquet halls and even residential complexes flout fire safety norms. Even educational institutions are housed in buildings that often flout fire safety rules. It is alleged in the petition that some builders and developers misuse the open spaces or refugee areas provided for in the National Building Code..It has been contended that there are a number of safety provisions listed in the National Building Code like provision for fire-lifts in high-rise buildings, fire-escape in buildings for emergency situations and storage of heavy static water in underground tanks. But these rules are not adhered to by developers and builders, the petition states..In fact, the petition also points out that there are “blatant violations” in the buildings of the Supreme Court of India and the Parliament House insofar as fire safety management is concerned. The petition states,.“There are blatant violations in the buildings of Hon’ble Supreme Court and Parliament House as far as the Fire Safety Management concerns. As while pursuing the extensive research on fire safety issues in India, the petitioner has encountered with the news of unsafe conditions of the Hon’ble Supreme Court and Parliament house, the two utmost important building resembling the symbol of democracy.”.The petitioner claims that the risk posed by the flouting Fire Safety norms is in clear violation of the rights guaranteed under Articles 14, 19, and 21 of the Constitution of India. To buttress the case, the petition also lists some of the biggest fire tragedies in India in recent past..The petitioner has also alleged that these norms and provisions of the National Building Code have been flouted by the developers in “connivance with” the government authorities..“…the provisions of the National building code as amended time to time upto 2016 is blatantly violating by the speculative developers / contractors / owners in connivance with the govt. authorities and thereby about 25 lacs people were losing their lives in different type of fire accidents tragedies. (sic)”.Consequently, the petitioner has prayed for the directions to be issued to the respondent States to ensure that fire safety measures in buildings are in conformity with the National Building Code and other bye-laws enacted by the State and the Centre..Additionally, the petitioner has also prayed:.That a “Centralised Audit Mechanism” be developed by the respondents to take stock of the maintenance status of public access biuildings.That the respondents implement a third party audit mechanism for high rise buildings after their construction is complete.For the Court to issue directions to the respondents to fix the liability of those owners, builders or officials responsible for such buildings and compensation be given to victims. Besides, no certificate of completion be given to projects that are not in conformity with the provisions of the National Building Code..The Court after hearing the petitioner today issued notice to all States..Read the petition and order below.