VIKAS SINGH versus GOVT. OF NCT OF DELHI & ORS on 11 August 2022

[2022] 7 S.C.R. 833

VIKAS SINGH

v.

GOVT. OF NCT OF DELHI & ORS.

(Civil Appeal No. 5244 of 2022)

AUGUST 11, 2022

[INDIRA BANERJEE AND V. RAMASUBRAMANIAN, JJ.]

Urban Development: Delhi Fire Service Rules 2010: rr. 27,28, 33, 34 to 37, 39, 40 and 42 – Sanction for revised building plan– Failure and/or refusal of South Delhi Municipal Corporation(SDMC) – Appellant, owner of premises applied to SDMC forsanction of a building plan for construction of residential buildingas per the bye-laws – Height of the building shown as 15 metersincluding stilt as permissible as per bye-Laws – Plan duly sanctioned– Subsequently, the Ministry amended the Master Plan for Delhi –Appellant applied for sanction of Revised Building Plan – However,the same was not sanctioned for want of fire clearance – As per theamendment, maximum height of the building would be 15 meters, inplots without stilt parking and buildings upto 17.5 metres in height,with stilt parking, and such residential building were not to beconsidered as high rise building – Amendment also required thatclearance of the Fire Department would be obtained by theindividual plot owner – Height of the appellant’s building was 16.6with the parking stilt, which was well below 17.5 meters as providedin the Master Plan – Writ Petition by the appellant challengingrefusal of SDMC to sanction a revised plan; and seeking settingaside of s. 27(2) – Dismissed by the High Court – On appeal, held:In view of the amendment to the Master Plan for Delhi 2021, abuilding with stilts which is 17.5 meter or less in height cannot beconsidered as a high rise building – If a building is not a high risebuilding, it will not be a multi-storied building – Under clause 8.0of the Unified Building Bye-Laws for Delhi 2016, clearance fromDelhi Fire Service is mandatory only for High Rise Building –However, the building of the appellant, under construction is not aHigh Rise Building – Thus, clearance from the Delhi Fire Service isnot mandatory for sanction of the Revised Building Plan submittedby the appellant – No doubt the appellant must comply with safety

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Arequirements including fire requirements necessary for buildingswhich are not high rise – However, rules applicable to High Risebuildings cannot be applied to buildings which are not High RiseBuildings – Thus, the High Court erred in not directing the SDMCto approve the revised plan of the appellant – Order passed by theHigh Court is quashed and set aside – SDMC to take decision onBthe application for sanction of Revised Plan within the stipulatedtime – Delhi Development Act 1957 – Delhi Development (MasterPlan and zonal Development Plan) Rules, 1959 – Delhi MunicipalCorporation Act, 1957 – New Delhi Municipal Council Act, 1994 –Unified Building bye-Laws for Delhi, 2016 – Delhi Fire ServiceCAct, 2007 – ss. 2, 32 to 35 – Development Code of Master Plan andthe Building Bye-laws 1983.

Delhi Fire Service Rules, 2010: r 27 – Classes of occupancieslikely to cause a risk of fire – Writ petition seeking amendment of r.27 to bring the same in conformity with the master plan, as amendedDwhereby building taller than 15 metres (without stilt) and 17.5 metres(including stilt) in all south zone would be considered as high risebuilding – Held : There are no cogent grounds of challenge to r 27– Height prescriptions differ from place to place, based uponin-depth study and consideration of all relevant factors – Ameaningful purposive construction of r. 27 is required, in the lightEof the DD Act and the applicable Building Bye-laws r/w the MasterPlan, as amended – Thus, the challenge to r 27(2) was misconceivedand the High Court rightly rejected the challenge.

Partly allowing the appeal, the Court

Partly allowing the appeal, the Court

FHELD: 1.1 Rule 27 of the Fire Service Rules, enumeratesthe classes of occupancies which are likely to cause risk of fire.Residential buildings (other than hotels and guest houses), havingheight above 15 meters or having ground plus four upper storeys,including Mezzanine floors are deemed to cause risk of fire. [Para72][888-E-F]G

1.2. Under Rule 28 the minimum height of the buildings,for the purposes of sub-section (1) of Section 33 and subsection(1) of Section 35 of the Fire Service Act, would be, as specified inRule 27, that is, height more than 15 meters or ground plus fourupper storeys in case of residential buildings. Height more thanH

15 metres would necessarily have to be construed as height morethan 15 metres without stilt parking or excluding the height ofstilt parking within the limits as prescribed. [Para 73][888-G]

1.3. Building bye-laws have been defined in Section 2(c) tomean bye- laws made under the Delhi Cantonment Act, 1924,the Delhi Municipal Corporation Act 1957, the New DelhiMunicipal Council Act, 1994 or the regulations made under sub-section (1) of Section 57 of the Delhi Development Act, 1957 orthe bye-laws made by the Central Government by publication inthe Official Gazette, relating to buildings in Delhi. The prevalentbye-laws and in particular 1.3.3 of the Unified Building Bye-Lawsissued by the DDA makes it amply clear that the words andexpressions used in the bye-laws would have the same meaningor sense as in the DD Act. Bye-law 1.3.3 makes it absolutelyclear that all Master Plan/Development Control Regulationsregarding use, coverage, F.A.R., set-backs, open spaces, height,number of storeys, number of dwelling units, parking standardsetc. for various categories of buildings including modificationstherein made from time to time shall be applicable mutatis-mutandis to the Building Regulations. In view of the Master Planread with building bye-laws, high rise building/multi-storeyedbuilding would mean a building taller than 15 meter without stiltor 17.5 metre with stilt. [Para 82][890-C-F]

1.4. “Multi-storeyed building” is defined in Section 2(s) ofthe Fire Service Act to mean a building with such minimum height,as may be prescribed under the rules in this behalf, and notifiedto the Director by the local authority. “local authority” has beendefined in Section 2(q) of the Fire Service Act to mean the DelhiCantonment Board established under the Cantonment Act, 1924,the Delhi Development Authority, the Municipal Corporation ofDelhi, the New Delhi Municipal Council Act or any other Authorityunder any other law which might be notified in this behalf by theCentral Government or the Government, as the case may be.[Para 83][890-G-H]

1.5. In the absence of any specific prescription of height interms of Section 2(s) of the Delhi Fire Service Act or notification ABC

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Ato the Director, the Master Plan read with the applicable BuildingBye-laws, is to be deemed the prescribed height notified in termsof Section 2(s). The prescribed height is deemed to be heightnot exceeding 15 meters without parking stilt and/or excludingthe height of the stilt parking, upto the maximum limit permitted.[Para 84][891-A-B]B

1.6. Rule 27(2) which reads Residential Buildings (otherthan hotels and guest houses) having height more than 15 metersor having ground plus four upper storeys including mezzaninefloor, has to be construed as residential building having heightmore than 15 meters excluding stilt. It is implicit in the Fire SafetyCRules that only buildings with stilt parking, exceeding 17.5 metersin height, would be considered as high rise building and/or multi-storeyed building.[Para 85][891-C]

1.7 The prayers in the Writ Petition filed in the High Courtfor amendment of Rule 27 of the Fire Service Rules areDmisconceived. There are no cogent grounds of challenge to Rule27 of the Fire Service Rules. Height prescriptions differ fromplace to place, based upon in depth study and consideration of allrelevant factors. There could be no question of this Courtdirecting the Lieutenant Governor of the National CapitalETerritory of Delhi to amend Rule 27. What is required is ameaningful purposive construction of Rule 27, in the light of theDD Act and the applicable Building Bye-laws read with the MasterPlan, as amended. The challenge to Rule 27(2) was misconceived.It is also well settled that orders in the nature of Mandamusdirecting a rule making authority to amend Rules is not grantedFby the High Court in proceedings under Article 226 of theConstitution. The High Court rightly rejected the challenge tothe said Rule, however erred in dismissing the Writ Petitionwithout granting any relief to the appellant. [Paras 86, 96, 97][891-D-E; 898-A-B]G

1.8 There can be no doubt that any construction has toconform to regulations made in the larger interest of theinhabitants of the city, to protect environment, prevent fire,prevent accidents, provide for essential amenities etc. There canalso be no doubt that regulatory provisions for constructionHactivities are in public interest. At the same time a building which is not a high rise building as per the applicable rules or regulationcannot be compelled to comply with fire prevention and fire safetyregulations applicable to high rise buildings. [Paras 91, 92][897-B-C]

1.9 The appellant had got a plan sanctioned from the MCDon 15.07.2013. At that time the height of the building permissibleunder Bye-laws was 15 metres which included the stilt, whichhad been made mandatory. Upon amendment of the Master Planby Notification dated 23.09.2013 published on 21.10.2013maximum height of the building was prescribed as 15 metreswithout stilt parking and 17.5 metres with stilt parking. After theamendment, the Master Plan provides that buildings up to 15metres without stilt parking and 17.5 metres with stilt parkingare not be to considered as high rise and for the purpose of fireand life safety requirements, clearance of Fire Department wasto be obtained by the individual plot owner. The appellant wasentitled in law to take advantage of the amended Master Plan forDelhi and he accordingly applied to SDMC for sanction of revisedplan on 20.01.2014. The revised plan was referred to the DelhiFire Service Authorities by SDMC on 22.01.2014. [Para 93][897-C-F]

1.10. Under clause 8.0 of the Unified Building Bye-Lawsfor Delhi 2016, clearance from Delhi Fire Service is mandatoryonly for High Rise Building. The Building of the appellant, underconstruction is not a High Rise Building. Clearance from the DelhiFire Service is therefore, not mandatory for sanction of theRevised Building Plan submitted by the appellant. There can beno doubt that the appellant must comply with safety requirementsincluding fire requirements necessary for buildings which are nothigh rise. However, rules applicable to High Rise Buildings cannotbe applied to buildings which are not High Rise Buildings. [Para94, 95][897-F-H]

1.11. Admittedly the building in question does not exceed17.5 meter with parking stilt. Height exceeding 15 meter toqualify as high rise building must be construed as heightexceeding 15 meter without stilt parking and/or excluding thepermissible height of stilt parking as per the building regulations A

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Aread with the Master Plan of Delhi. The building in question isnot a high rise building. [Para 98][898-C]

1.12. Irrespective of whether fire clearance is mandatoryin respect of the buildings, which are not high rise, it is open tothe SDMC to get clearance from the fire service authorities toBensure that fire safety measures are not contravened. However,fire clearance is granted subject to compliance of minimumstandards for fire prevention and fire safety in respect of the kindof occupancy as provided in the building bye-laws and/or theNational Building Code of India. Provisions of BuildingRegulations and/or Bye-laws and/or National Building Code, notCapplicable to high rise buildings are not attracted in the case ofthe building in question. [Para 99][898-D-E]

1.13. The Fire Service Authorities can only ensure that thebuildings comply with fire safety requirements, if any, applicableto residential buildings, which do not fall within the ambit of highDrise buildings. The submission that the Fire Service Authoritiesdo not have ladders of adequate length to tackle outbreak of firein buildings exceeding 15 meter is fallacious and cannot be groundto deny the owner of property, the right to carry out constructionat his property, in accordance with the applicable building laws,Eread with the Master Plan for Delhi, and thereby deprive theowner of his right to effectively utilise his property. [Paras 100,101][898-F-G]

1.14 There is no prohibition on construction of buildingsexceeding 15 meters in height. The dispute is with regard toFclassification of the buildings- Whether such buildings are to beclassified as high rise and subjected to specific Rules andRegulations applicable to high rise buildings. The difference inheight is only about 4/5 feet. The height is well within 17.5 meterwith stilt parking as provided in the Master Plan. If the DelhiFire Service Department does not have ladders to tackle fire inGbuildings exceeding 15 meters even by a few feet, existingbuildings exceeding 15 Meters in height and their inhabitantsare doomed. It is preposterous to even think that multi-storeyedbuildings would be left to their own fire fighting facilities and their own existing staircase in case of outbreak of fire. The argumentseems preposterous. If the Fire Service authorities do not haveadequate fire fighting equipment, they would necessarily have toacquire the same in the interest of the people.[Para 102][898-H;899-A-C]

1.15. The Court need not go into the question of whetherany clearance of the Fire Service Authorities is at all necessary.However, in view of the amendment to the Master Plan for Delhi2021, as amended in September, 2013 by S.O. No. 678(E) dated4th March 2014, a building with stilts which is 17.5 meter or lessin height cannot be considered as a high rise building. If a buildingis not a high rise building, it will not be a multistoried building.[Para 103][899-C-D]

1.16. SDMC cannot keep sanction of the Revised BuildingPlan submitted by the Appellant, way back in January, 2014, inabeyance indefinitely. Nor can sanction be rejected on the groundof non-compliance of fire service requirements applicable tomulti-storied/high rise buildings. A decision with regard tosanction has to be taken within the time stipulated in Clause 2.3.1of the Unified Building Bye-laws. Under Clause 2.3.3(b) of theUnified Building Bye-laws, approval/refusal of agencies, such asDelhi Fire Service must be intimated within 15 days, or the timestipulated in Chapter III of the Unified Building Bye-Laws,whichever is earlier. A decision has to be taken by the Fire ServiceAuthorities within a maximum period of 15 days. It hardly needbe mentioned that in case of refusal, reasons are mandatory, forcompliance with principles of natural justice. It may however, beopen to the SDMC to obtain the opinion of the Fire ServiceAuthorities. It is made clear that objections would not be raisedon the sole ground of non-compliance of rules not applicable to aresidential building which is not a high rise building. A decisionshall immediately be taken on the application for sanction ofRevised Plan submitted on 14th January 2014 in the light of theobservations made, keeping in view the timelines stipulated inClause 2.3.1 of the Unified Building Bye-laws. [Para 104][899-E-H]

1.17. The SDMC may in its discretion seek clearance fromthe Fire Service Authority, but such clearance shall not be withheld A

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Aon the ground of noncompliance of requisites applicable to highrise buildings, or on the frivolous ground of unavailability ofladders of adequate size to carry out inspection. If no views areexpressed within the time as stipulated in the Unified BuildingBye-laws and in particular Clause 2.3.3 thereof, clearance will bedeemed to have been granted. [Para 105][900-A-B]B

1.18 The impugned order rejecting the Revised BuildingPlan is set aside and quashed. [Para 106][900-C]

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5244of 2022.

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From the Judgment and Order dated 20.01.2016 of the High Courtof Delhi at New Delhi in Writ Petition (C) No.1476 of 2014.

A. D. N. Rao, (Amicus Curiae)

Nidhesh Gupta, Sr. Adv., Ms. Deepika Kalia, Kapish Seth, Ms.DPallavi Singh, Mrityunjay Singh, Ms. Priyanka Khosla, Ms. Kanika Chugh,Nimish Seth, Lakshmi Raman Singh, Advs. for the Appellant.

Ms. Aishwarya Bhati, K.M. Nataraj, ASGs, V. Balaji, RaghavendraS. Srivastava, Ms. Poornima Singh, Ms. Manisha Chava, Ms. PriyankaDas, G.S. Makker, B. V. Balaram Das, Vishnu B. Saharya, Viresh B.Saharya, Akshat Agarwal for M/s. Saharya & Co., Ms. Vandana Sehgal,EAmrish Kumar, Advs. for the Respondents.

The Judgment of the Court was delivered by INDIRA BANERJEE J.1. Leave granted.F

2. This appeal is against a judgment and order dated 20[th] January2016, passed by a Division Bench of the High Court of Delhi, dismissingthe Writ Petition being W.P.(C) No.1476 of 2014 filed by the Appellant,against the failure and/or refusal of South Delhi Municipal Corporation(SDMC) to sanction a revised plan, submitted by the Appellant, in respectGof a residential building at C-319, Defence Colony, New Delhi-110024,and seeking consequential reliefs, including orders/directions setting asideRule 27(2) of the Delhi Fire Service Rules 2010 and orders/directions,commanding the Respondents to amend the said rule.

3. The High Court, however, directed that the Appellant would beentitled to apply to the SDMC for regularisation of his construction atthe premises in question.

4. By a registered deed of conveyance dated 15[th] January 2013,the Appellant purchased premises No.C-319, Defence Colony, NewDelhi- 110024, with a view to construct a residential building thereat.The Appellant is the owner of the said premises.

5. Soon thereafter, the Appellant applied to the SDMC for sanctionof a building plan for construction of a building at the said premises, inaccordance with the Development Code of Master Plan and the BuildingBye-laws 1983. The height of the building was shown as 15 metersincluding the stilt, as permissible as per the Building Bye-laws 1983,being the building regulations prevailing at the material time.

6. The building plan submitted by the Appellant was duly sanctionedon 15[th] July 2013. However about two months later, the Ministry ofUrban Development (Delhi Division) amended the Master Plan for Delhiby a notification dated 23[rd] September 2013, which was published inthe Official Gazette on 21[st] October 2013. Thereafter, the Appellantapplied for sanction of a Revised Building Plan. The Revised BuildingPlan has not been sanctioned.

7. The Delhi Development Act 1957, hereinafter referred to asthe “DD Act”, was enacted by Parliament for the development of Delhi,according to plan and for matters ancillary thereto.

8. ‘Building’ is defined in Section 2(b) of the DD Act to include“any structure or erection or part of a structure or erection which isintended to be used for residential, industrial, commercial or otherpurposes, whether in actual use or not.”

9. Section 2(d) of the DD Act defines ‘development’ as follows:- “2(d) “development” with its grammatical variations means thecarrying out of building, engineering, mining or other operationsin, on, over or under land or the making of any material change inany building or land and includes redevelopment.”

10. Some of the relevant provisions of the DD Act are set outhereinbelow for convenience: - AB

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“7. Civic survey of, and master plan for Delhi.—(1) TheAuthority shall, as soon as may be, carry out a civic surveyof, and prepare a master plan for, Delhi.

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(2) The master plan shall—

(a) define the various zones into which Delhi may bedivided for the purposes of development and indicatethe manner in which the land in each zone is proposedto be used (whether by the carrying out thereon ofdevelopment or otherwise) and the stages by whichany such development shall be carried out; and B

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(b) serve as a basic pattern of frame-work within whichthe zonal development plans of the various zones maybe prepared.

(3) The master plan may provide for any other matter whichis necessary for the proper development of Delhi.

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11-A.Modificationstoplan.—(1) The Authority may makeany modifications to the master plan or the zonal developmentplan as it thinks fit, being modifications which, in its opinion,do not effect important alterations in the character of the planand which do not relate to the extent of land-users or thestandards of population density.

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(7) Any reference in any other Chapter, except Chapter III, tothe master plan or the zonal development plan shall beconstrued as a reference to the master plan or the zonaldevelopment plan as modified under the provisions of thissection.

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12. DeclarationofdevelopmentareasanddevelopmentofGlandinthose and other areas.—

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(3) After the commencement of this Act no development ofland shall be undertaken or carried out in any area by anyperson or body (including a department of Government)unless,—

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(i) where that area is a development area, permission forsuch development has been obtained in writing from theAuthority in accordance with the provision of this Act;

(ii) where that area is an area other than a developmentarea, approval of, or sanction for, such development hasbeen obtained in writing from the local authority concernedor any officer or authority thereof empowered orauthorised in this behalf, in accordance with provisionsmade by or under the law governing such authority oruntil such provisions have been made, in accordance withthe provisions of the regulations relating to the grant ofpermission for development made under the Delhi (Controlof Building Operations) Act, 1955 (53 of 1955), and inforce immediately before the commencement of this Act:

Provided that the local authority concerned may subject tothe provisions of Section 53-A amend those regulations intheir application to such area.

13. Application for permission.—(1) Every person or body(including a department of Government) desiring to obtainthe permission referred to in Section 12 shall make anapplication in writing to the Authority in such form andcontaining such particulars in respect of the development towhich the application relates as may be prescribed byregulations.

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(3) On the receipt of an application for permission under sub-section (1), the Authority after making such inquiry as itconsiders necessary in relation to any matter specified inclause (d) of sub-section (2) of Section 8 or in relation to anyother matter, shall, by order in writing, either grant thepermission, subject to such conditions, if any, as may bespecified in the order or refuse to grant such permission:

Provided that before making an order refusing suchpermission, the applicant shall be given a reasonableopportunity to show cause why the permission should not berefused.

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(4) Where permission is refused, the grounds of such refusalshall be recorded in writing and communicated to the applicantin the manner prescribed by regulations.”

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53. Effect of other laws.—(1) Nothing in this Act shall affectthe operation of the Slum Areas (Improvement and Clearance)Act, 1956 (6 of 1956).

(2) Save as otherwise provided in sub-section (4) of section30 or sub-section (8) of section 31 or sub-section (1) of thissection, the provisions of this Act and the rules and regulationsmade thereunder shall have effect notwithstanding anythinginconsistent therewith contained in any other law.

(3) Notwithstanding anything contained in any such other law—

(a) when permission for development in respect of any landhas been obtained under this Act such development shall notbe deemed to be unlawfully undertaken or carried out byreason only of the fact that permission, approval or sanctionrequired under such other law for such development has notbeen obtained; (b) when permission for such development has not beenobtained under this Act, such development shall not be deemedto be lawfully undertaken or carried out by reason only ofthe fact that permission, approval or sanction required undersuch other law for such development has been obtained.

53A. Restriction on power of a local authority to make rules,regulations or bye-laws in respect of certain matters.—(1)Notwithstanding anything contained in any law for the timebeing in force, no rule, regulation or bye-law shall be madeor amended by a local authority in respect of matters specifiedin sub- section (2) unless the Authority, upon considerationof such rule, regulation or bye- law, certifies that it does notcontravene any of the provisions of the Master Plan or theZonal Development Plan.

(2) The matters referred to in sub-section (1) are the following,namely:—

(2) The matters referred to in sub-section (1) are the following,namely:—

(a) water supply, drainage and sewage disposal; (b) erection and re-erection of buildings, including grantof building permissions, licences and imposition ofrestrictions on use and sub-division of buildings;

(c) sub-division of land into building sites, roads andlanes, recreational sites and sites for communityfacilities; and (d) development of land, improvement schemes, andhousing and rehousing schemes.

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58. Laying of rules and regulations before Parliament.- Everyrule and every regulation made under this Act shall be laid,as soon as may be after such rule or regulation is made, beforeeach House of Parliament, while it is in session, for a totalperiod of thirty days which may be comprised in one sessionor in two or more successive sessions, and if, before the expiryof the session immediately following the session or thesuccessive sessions aforesaid, both Houses agree in makingany modification in the rule or regulation, or both Housesagree that the rule or regulation should not be made, the ruleor regulation shall, thereafter, have effect only in suchmodified form or be of no effect, as the case may be; so,however, that any such modification or annulment shall bewithout prejudice to the validity of anything previously doneunder that rule or regulation.”

11. The Delhi Development Authority (DDA) was constituted bythe Central Government in 1957, by a notification issued in the OfficialGazette under Section 3(1) of the DD Act.

12. In exercise of powers conferred by sub-section (1) of Section56 of the DD Act read with Clauses (e), (g) and (r) of sub-section (2) ofthe aforesaid Section, the Central Government made the DelhiDevelopment (Master Plan and Zonal Development Plan) Rules, 1959(hereinafter referred to as “MP&ZD Rules). Some of the relevantprovisions of the MP&ZD Rules are as follows:- “3. Civic Survey. - The civic survey to be carried out by theAuthority may include survey and analysis of the physical, A

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economic and sociological features of Delhi, with reference tonatural resources distribution of a population, industry,communications, housing requirements and such other matters asin the opinion of the Authority, relate to the development of Delhi.

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–4. Form and contents of Master Plan.

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(3) The draft master plan may include all or any of the following:

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(b) “a land use plan” based upon such survey of the present useof land as may be necessary as well as analysis of estimatedfuture needs and consisting of comprehensive proposals for themost desirable utilisation of land such as land agricultural,government, commercial, industrial, residential, cultural, educational,recreational, transportation and other activities; C

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(d) “a public utilities plan” consisting of proposals forprovision of water, electricity, drainage and disposal ofsewage and refuse; (e) “a housing plan” consisting of estimates of housingrequirements and proposals relating to standards of newhousing units; E

5. Public Notice regarding preparation of Master Plan. - (1)As soon as may be after the draft master plan has beenprepared, the Authority shall publish a public notice statingthat - F

(a) the draft Master Plan has been prepared and may beinspected by any person at such time and place may bespecified in those notice; (b) suggestions and objections in writing, if any, in respectof the draft master plan may be filed by any person withthe secretary of the Authority within 90 days from the dateof first publication of the notice.

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Provided that where the Central Government considers itexpedient so to do for the purpose of maintenance of public H

order or in case of any exigency likely to affect the interestof the public it may require such suggestions and objectionto be filed within in period of three days from the date ofthe notice.

(2) This notice may be in Form A appended to these ruleswithout modification with such modification as may benecessary.

6. Mode of Publication of Public Notice. - The Authority shallcause the said notice to be published in the manner prescribedby section 44 of the Act and may also cause it to be publishedin the Official Gazette.

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11. Preparation of final draft Master Plan and its submissionto Central Government. - The Authority shall, afterconsidering the report of the Board and any other matter itthinks fit, finally prepare the master plan and submit it to theCentral Government for its approval.

12. Amendment of Master Plan. - The Authority may amendthe whole or any part of the master plan, if necessary, at theexpiry of every five years in accordance with the procedureprescribed by the Act and these rules as if the proposedamendment were new master plan.

Provided that if the Authority is of opinion that having regardto the circumstances prevailing at any particular time it isnecessary so to do, it may amend the master plan or any partthereof at any time prior to the expiry of the said period, inaccordance with the aforesaid procedure…”

13. By a notification being S.O. 141(E), New Delhi, dated7[th] February 2007 published in the Gazette of India, Extraordinary, PartII Section 3 sub-section (ii), the Central Government approved the MasterPlan for Delhi with the perspective for the year 2021. The Master Planhas from time to time been amended/modified. The Master Plan regulatesand/or controls the construction of buildings including residential premisesin the National Capital Territory of Delhi.

14. By an S.O. 2894(E) dated 23[rd] September 2013, sub clause(iii) of para 4.4.3A of the Master Plan for Delhi was modified and/oramended to read:- A

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“(iii). Maximum height of the building shall be 15m in plotswithout stilt parking and 17.5m in plots with stilt parking. Suchresidential building shall not be considered as high-rise building.For the purpose of fire and life safety requirements, clearanceof Fire Department will be obtained by the individual plotowner.”

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15. Before amendment/modification by S.O.2894/(E) dated23[rd] September 2013, sub-clause (iii), provided that the maximum heightof the building in all plots was to be 15 meters. Clause 4.4.3A (iii) asframed, read “Height: The maximum height of the building in all plotsmust be 15 metres”. After the amendment as aforesaid, ClauseC4.4.3A(iii) provides that maximum height of a building shall be 15 meters,in plots without stilt parking and 17.5 meters in plots with stilt parking.Such residential building shall not be considered as high-rise building.For the purpose of fire and life safety requirements, clearance of FireDepartment will be obtained by the individual plot owner.

D16. Sub-clause (vii) of Clause 4.4.3A of the Master Plan reads:- “(vii) Stilts: If the building is constructed with stilt area of non-habitable height(less than 2.4 m), used for parking, such stiltarea shall not be included in FAR but would be counted towardsthe height of the building.”

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17. Sub-clause (vii) clarifies that the stilt would be counted towardsthe height of the building for the purpose of measuring the total height ofthe building, but would not be included in the FAR (Floor Area Ratio), ifof non-habitable height. An owner of a building with stilt parking, forexample, cannot claim exclusion of the height of the stilt for the purposeFof computing the maximum height of 17.5 Meters. The stilt of non-habitable height would not make any difference to the F.A.R. requiredto be maintained.

18. Chapter 17.0 of the Master Plan provides for a DevelopmentCode to promote quality of built environment, by organising the mostGappropriate development of land, in accordance with the developmentpolicies and land use proposals contained in the Plan.

19. Clauses 3(11), 3(12) and 3(13) of Chapter 17.0 of the MasterPlan in relation to sanction of plans are set out hereinbelow forconvenience:- H

“3(11) Layout Plans / Site Plans and Building plans shall beapproved by the Local Bodies and Authority in their areas ofjurisdiction.

3(12) Authority / Local Body(s) shall be empowered afterlevying penalty to compound deviations from limits ofcoverage/ FAR to the extent of 5% of the permissible coverageand FAR, subject to maximum of 13.5 sqm. in building(s) /premises at the time of considering the completion / occupancycertificate. In Group Housing schemes and Public & semi-public facilities, 5% FAR beyond permissible FAR can becompounded by the authority / Local Body at the time ofconsidering the completion/occupancy certificate.

3(13) Wherever required, the Technical Committee of the DDAshall formulate policy guidelines for the sanctioning of localarea plans, layout plans, comprehensive schemes, re-development schemes, urban renewal schemes and multi-storeyed buildings in all land use categories. The TechnicalCommittee shall be empowered to call for the plans from thedevelopment organisations / Local Bodies and would givedirections / recommendations wherever necessary.”

20. Clause 8(7)(a) of Chapter 17.0 of the Master Plan definesHigh Rise Buildings as follows:- “8(7)(a) Buildings taller than 15m. (without stilt) and17.5 m. (including stilt) in all use zones will be consideredas a High Rise Buildings.”

21. Chapter XVI of the Delhi Municipal Corporation Act, 1957(hereinafter referred to as the “DMC Act” contains regulatory provisionsfor erection/ re-erection of buildings. The provisions of the DMC Actregulating the erection of buildings does not specify any specific heightfor buildings.

22. Section 330-A of the DMC Act incorporated with effect from01.10.1993 provides that the Commissioner is to exercise his powersand discharge his functions under the chapter, under the generalsuperintendence, direction and control of the Central Government. Someof the relevant sections of the said chapter are set out herein below forconvenience.

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331. Definition.—In this Chapter, unless the context otherwiserequires, the expression “to erect a building” means—

(a) to erect a new building on any site whether previouslybuilt upon or not; (b) to re-erect.—

(i) any building of which more than one-half of the cubicalcontents above the level of the plinth have been pulled down,burnt or destroyed, or

(ii) any building of which more than one-half of the superficialarea of the external walls above the level of the plinth hasbeen pulled down, or

(iii) any frame building of which more than half of the numberof the posts or beams in the external walls have been pulleddown; …

332. Prohibition of building without sanction.—No personshall erect or commence to erect any building, or execute anyof the works specified in section 334 except with the previoussanction of the Commissioner, not otherwise than inaccordance with the provisions of this Chapter and of thebye-laws made under this Act in relation to the erection ofbuildings or execution of works.

333. Erection of building.—(1) Every person who intends toerect a building shall apply for sanction by giving notice inwriting of his intention to the Commissioner in such form andcontaining such information as may be prescribed by bye-laws made in this behalf.

(2) Every such notice shall be accompanied by such documentsand plans as may be so prescribed

334. Applications for additions to, or repairs of, buildings.—(1) Every person who intends to execute any of the followingworks, that is to say,—

(a) to make any addition to a building;

(b) to make any alteration or repairs to a building involvingthe removal or re-erection of any external or partly wallthereof or of any wall which supports the roof thereof to anextent exceeding one-half of such wall above the plinth level,such half to be measured in superficial feet;

(c) to make any alteration or repairs to a frame buildinginvolving the removal or re-erection of more than one-half ofthe posts in any such wall thereof as aforesaid; or involvingthe removal or re-erection of any such wall thereof as aforesaidto an extent exceeding one-half of such wall above plinthlevel, such half to be measured in superficial feet; (d) to make any alteration in a building involving—

(i) the sub-division of any room in such building so as to convert the same into two or more separate rooms, or

(ii) the conversion of any passage or space in such buildinginto a room or rooms; (e) to repair, remove, construct, reconstruct or make anyaddition to or structural alteration in any portion of a buildingabutting on a street which stands within the regular line ofsuch street; (f) to close permanently any door or window in an externalwall; (g) to remove or reconstruct the principal staircase or to alterits position; shall apply for sanction by giving notice inwriting of his intention to the Commissioner in such formand containing such information as may be prescribed bybye-laws made in this behalf.

(2) Every such notice shall be accompanied by suchdocuments and plans as may be so prescribed.

335. Conditions of valid notice.—(1) A person giving the noticerequired by section 333 shall specify the purpose for which itis intended to use the building to which such notice relates;and a person giving the notice required by section 334 shallspecify whether the purpose for which the building is beingused is proposed or likely to be changed by the execution ofthe proposed work.

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(2) No notice shall be valid until the information requiredunder sub-section

(1) and any further information and plans which may berequired by bye- laws made in this behalf have been furnishedto the satisfaction of the Commissioner along with the notice.

336. Sanction or refusal of building or work.—(1) TheCommissioner shall sanction the erection of a building or theexecution of a work unless such building or work wouldcontravene any of the provisions of sub-section

(2) of this section or the provisions of section 340.

(2) The grounds on which the sanction of a building or workmay be refused shall be the following, namely:—

(a) that the building or work or the use of the site for thebuilding or work or any of the particulars comprised in thesite plan, ground plan, elevation, section or specificationwould contravene the provisions of any bye-law made in thisbehalf or of any other law or rule, bye-law or order madeunder such other law; (b) that the notice for sanction does not contain the particularsor is not prepared in the manner required under the bye-laws made in this behalf;

(c) that any information or documents required by theCommissioner under this Act or any byelaws made thereunderhas or have not been duly furnished; (d) that in cases falling under section 312, lay-out plans havenot been sanctioned in accordance with section 313; (e) that the building or work would be an encroachment onGovernment land or land vested in the Corporation; (f) that the site of the building or work does not abut on astreet or projected street and that there is no access to suchbuilding or work from any such street by a passage or pathwayappertaining to such site.

(3) The Commissioner shall communicate the sanction to theperson who has given the notice; and where he refuses

sanction on any of the grounds specified in sub-section (2)or under section 340 he shall record a brief statement of hisreasons for such refusal and communicate the refusal alongwith the reasons therefor to the person who has given thenotice.

(4) The sanction or refusal as aforesaid shall be communicatedin such manner as may be specified in the bye-laws made inthis behalf.”

23. Some of the relevant sections of the New Delhi MunicipalCouncil Act, 1994 are set out hereinbelow for convenience:- “237. Prohibition of building without sanction.—(1) No personshall erect or commence to erect any building or execute anyof the works specified in section 239 except with the previoussanction of the Chairperson not otherwise than in accordancewith the provisions of this Chapter and of the bye-laws madeunder this Act in relation to the erection of buildings orexecution of works….

238. Erection of building.—(1) Every person who intends toerect a building shall apply for sanction by giving notice inwriting of his intention to the Chairperson in such form andcontaining such information as may be prescribed by bye-laws made in this behalf.”

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241. Sanction or refusal of building or work.—(1) TheChairperson shall sanction the erection of a building or theexecution of a work unless such building or work wouldcontravene any of the provisions of sub-section (2) of thissection or the provisions of section 245.

(2) The grounds on which the sanction of a building or workmay be refused shall be the following, namely:—

(a) that the building or work or the use of the site for thebuilding or work or any of the particulars comprised inthe site plan, ground plan, elevation, section orspecification would contravene the provisions of any bye-law made in this behalf or of any other law or rule, bye-law or order made under such other law; A

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(b) that the notice for sanction does not contain theparticulars or is not prepared in the manner required underthe bye-laws made in this behalf;

(c) that any information or documents required by theChairperson under this Act or any bye-laws madethereunder has or have not been duly furnished; (d) that in cases falling under section 216, lay-out planshave not been sanctioned in accordance with section 217; (e) that the building or work would be an encroachmenton Central Government or Government land or land vestedin the Council; (f) that the site of the building or work does not abut on astreet or projected street and that there is no access tosuch building or work from any such street by a passageor pathway appertaining to such site; (g) that the land on which it is proposed to erect or re-erectsuch building is vested in the Central Government orGovernment or in the Council, and the consent of theGovernment concerned or, as the case may be, of theCouncil has not been obtained, or if the title of the land isin dispute between such person and the Council or anyGovernment, or for any other reason, to be communicatedin writing to the person, which is deemed to be just andsufficient as effecting such building.

(3) The Chairperson shall communicate the sanction to theperson who has given the notice; and where he refusessanction on any of the grounds specified in sub-section (2)or under section 245 he shall record a brief statement of hisreasons for such refusal and the Chairperson shallcommunicate the refusal alongwith the reasons therefore tothe person who has given the notice.

(4) The sanction or refusal as aforesaid shall becommunicated in such manner as may be specified in the bye-laws made in this behalf.

242. When building or work may be proceeded with.—(1)Where within a period of sixty days or in cases falling under clause (b) of section 236 within a period of thirty days, afterthe receipt of any notice under section 238 or section 239 orof the further information, if any, required under section 240,the Chairperson does not refuse to sanction the building orwork or upon refusal, does not communicate the refusal tothe person who has given the notice, the Chairperson shallbe deemed to have accorded sanction to the building or workand the person by whom the notice has been given shall befree to commence and proceed with the building or work inaccordance with his intention as expressed in the notice andthe documents and plans accompanying the same:

Provided that if it appears to the Chairperson that the site ofthe proposed building or work is likely to be affected by anyscheme of acquisition of land for any public purpose or byany proposed regular line of a public street or extension,improvement, widening or alteration of any street, theChairperson may withhold sanction of the building or workfor such period not exceeding three months as he deems fitand the period of sixty days or as the case may be, the periodof thirty days specified in this sub-section shall be deemed tocommence from the date of the expiry of the period for whichthe sanction has been withheld.

(2) Where a building or work is sanctioned or is deemed tohave been sanctioned by the Chairperson under sub-section(1), the person who has given the notice shall be bound toerect the building or execute the work in accordance withsuch sanction but not so as to contravene any of the provisionsof this Act or any other law or of bye-law made thereunder.

(3) If the person or anyone lawfully claiming under him doesnot commence the erection of the building or the execution ofthe work within one year of the date on which the building orwork is sanctioned or is deemed to have been sanctioned, heshall have to give notice under section 238 or, as the casemay be, under section 239 for fresh sanction of the buildingor the work and the provisions of this section shall apply inrelation to such notice as they apply in relation to the originalnotice.

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(4) Before commencing the erection of a building or executionof a work within the period specified in sub-section (3), theperson concerned shall give notice to the Chairperson of theproposed date of the commencement of the erection of thebuilding or the execution of the work:

Provided that if the commencement does not take place withinseven days of the date so notified, the notice shall be deemednot to have been given and a fresh notice shall be necessaryin this behalf.

***

251. Completion certificates.—(1) Every person who employsan architect registered with the Council or an architects oran engineer or a person approved by the Chairperson todesign or erect a building or execute any work shall, withinone month after the completion of the erection of the buildingor execution of the work, deliver or send or cause to bedelivered or sent to the Chairperson a notice in writing ofsuch completion accompanied by a certificate in the formprescribed by bye-laws made in this behalf and shall give tothe Chairperson all necessary facilities for the inspection ofsuch building or work.

(2) No person shall occupy or permit to be occupied any suchbuilding or use or permit to be used any building or a partthereof effected by any such work until permission has beengranted by the Chairperson in this behalf in accordance withbye-laws made under this Act:

Provided that if the Chairperson fails within a period of thirtydays after the receipt of the notice of completion tocommunicate its refusal to grant such permission, suchpermission shall be deemed to have been granted.”

24. In exercise of the powers conferred under sub-section (1) ofSection 57 of the DD Act, the DDA has from time to time, with previousapproval of the Central Government, made Rules and/or Regulationsand/or Building Bye-laws.

25. By a Notification No. S.O. 513 dated 26[th] February 1959published in the Gazette of Indian Part II Section 3(ii) dated 7[th] March 1959, the DDA adopted the Building Regulations. The Regulations wereamended by a Resolution No. 229 dated 1[st] May 1965. By S.O. No.104,dated 23[rd] June 1983, DDA published the Buildings Bye-laws 1983, beingthe Building Bye- laws in force when the Appellant applies for sanctionof the Building Plan.

26. Section 53 of the DD Act gives an overriding effect to theDD Act over other laws except the Slum Areas (Improvement andClearances) Act 1956. The provisions of the DD Act and the Rules andRegulations framed thereunder which would include the Master Planand Building Bye-laws would have effect, notwithstanding anything tothe contrary in any other law.

27. In exercise of the powers conferred under sub-section (1) ofSection 57 of the DD Act, the DDA made the Unified Building Bye-laws for Delhi, 2016, which became applicable to National Capital ofTerritory of Delhi. The Bye-laws of 1983 stood superseded by theUnified Building Bye-laws for Delhi, 2016.

28. Some of the relevant provisions of the Unified Building Bye-laws for Delhi are set out below:- “1.1 Jurisdiction These Unified Building Bye-Laws shall be applicable to thearea under jurisdiction of the Delhi Development Authorityand concerned local bodies.

1.2 Applicability

These building byelaws shall be applicable to all buildingactivities and read in conjunction with specific notificationsin respect of urban villages/rural villages, unauthorizedregularized colonies and for special areas with regard toregularized resettlement colonies (as mentioned in Chapter6- Regulations Notified by Delhi Development Authorities).These Bye-laws 6 shall be reviewed at the end of every fiveyears. The system of implementation of these building byelawsshall be uniform in the Delhi Development Authority and allthe concerned local bodies.

1.3 Information

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1.3.1 In these bye-laws, unless the context otherwise requiresthe definition given below, under clause 1.4 shall have themeaning indicated against each term.

1.3.2 The words and expressions not defined in these bye-laws shall have the same meaning or sense as in DelhiDevelopment Act, 1957 andMasterPlan for Delhi.

1.3.3 All mandatory Master Plan/ Development ControlRegulations regarding use, coverage, FAR, set-backs, openspaces, height, number of stories, number of dwelling units,parking standards etc., for various categories of buildings,including modifications therein, made from time to time, shallbe applicable mutatis-mutandis in the building Regulationsunder this clause. All amendments/modificationsmadein theseRegulationswill automaticallybeincludedaspartoftheseUnifiedBuildingBye-Laws.

Note: - Extract relating to Development Control Regulations/provisions are reproduced from Master Plan forDelhi.(Chapter 5 and Annexure VI of this document).

1.3.4 All documents such as Acts, Notifications, Rules &Regulations including BIS Codes, National Building Codes,Delhi Fire Service Rules, Indian Electricity Rules, etc. referredin these Building Bye-Laws shall be applicable as amendedfrom time to time. Thus for the current status for any legal,official purpose, the amended provisions issued by theconcerned Ministry/departments(s) shall be followed.

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1.4.15 Building:

Any structure for whatsoever purpose and whatsoever materialconstructed and every part thereof whether used as humanhabitation or not and includes foundation, plinth walls, floors,roofs, chimneys, and building services, fixed platforms,verandahs, balcony, or projection part of a building anythingaffixed thereto or any wall enclosing or intended to encloseany land or space and signs and outdoor display structures,monuments, memorials or any contrivance of permanentnature/stability built under or over ground.

1.4.16 Building Height:

a. The vertical distance in the case of flat roofs is measuredfrom the highest surrounding road level/ ground level up tothe top of structural slab, excluding machine room,irrespective of location of entry level.

b. In the case of pitched roofs, up to the point where theexternal surface of the outer wall intersect the finishedsurface of the sloping roof, and in case of gable facing theroad, the mid-point between the eaves level and the ridge.

c. Architectural features serving no other function except thatof decoration and other building components mentioned inclause no 7.19 shall be excluded for the purpose of takingheight.

d. If the building does not abut on a street, the height shall bemeasured from the highest level of the ground immediatelyadjacent to the building.

1.4.17 Building Line:

The line up to which the plinth of a building adjoining astreet or an extension of a street or on a future street maylawfully extend. It includes the lines prescribed in the MPDor specifically indicated in any Scheme or Layout Plan, orin these Bye-Laws.

1.4.18 Built up Area:

The area covered by a building on all floors within the premise,used for activities or use, including cantilevered portion,basement, stilt/podium, utility, services, mezzanine floors (ifany), other similar areas.

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1.4.60 High Rise:

Any buildings of 15m and above height shall be consideredas high rise building ***

1.4.72 Master Plan:

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The Master Plan for Delhi approved by the CentralGovernment under the Delhi Development Act. 1957 and theamendments made from time to time.

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1.4.75 Occupancy Or Use Group:

The principal occupancy for which a building or a part of abuilding is used or intended to be used, for the purposes ofclassification of a building according to the occupancy, anoccupancy shall be deemed to include subsidiary occupancieswhich are contingent upon it. The occupancy classificationshall have the meaning given below unless otherwise speltout in MPD.

a. Residential Buildings: These shall include any building inwhich sleeping accommodation is provided for normalresidential purposes with or without cooking or dining orboth facilities. It includes one or two or multi-family dwellings,lodging or rooming houses, dormitories/hostels, apartmenthouses and flats and hotels.

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1.4.111 Stilt:

Stilt or stilt floor means non habitable portion of a buildingabove ground level consisting of structural columnssupporting the super structure with at least two sides openfor the purpose of parking cars, scooters, cycles andlandscaping. See 7.15.1.

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1.4.118 To Erect:

To erect a building means: To erect a new building on anysite whether previously built upon or not; To re-erect anybuilding of which portions above the plinth level have beenpulled down, burnt or destroyed; and conversion from oneoccupancy to another.

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1.6 Pre-Code Building Permit

Where any building permit which has been issued by theconcerned local body before the commencement of theseBuilding Bye-Laws and where construction is in progress andhas not been completed within the specified period from thedate of such permit, the said permission shall be deemed tobe sanctioned under these Bye-Laws and shall only be eligiblefor revalidation thereunder. Accordingly, where the validityof sanction has expired and construction has not commenced,construction shall be governed by the provisions of theseBuilding Bye-Laws.

1.7 Development and Construction

1.7.0 Except hereinafter or otherwise provided, these Bye-Laws shall apply to all development, redevelopment, erectionand/or re-erection of a building etc. as well as to the design,construction of, or reconstruction and additions andalterations to a building.

1.7.1 Development permission: No person shall carry out anydevelopment or redevelopment including sub-division on anyplot or land (not forming part of any approved layout planor scheme) or cause to be done without obtaining approvalfrom the Sanctioning Authority for the Layout Plan.

1.7.2 Building Permit: No person shall erect, re-erect or makeaddition/ alterations in any building or cause the same to bedone without, first obtaining a separate building permit foreach such building from the Sanctioning Authority 1.8 Grievance Redressal Committee for Building Bye-laws In DDA and all the concerned local bodies who implementthese building bye- laws, there shall be a Grievance RedressalCommittee for building bye laws which shall be headed by asenior officer of the concerned local body who shall receivecomplaints/ difficulties/ appeals and provide appropriateredressal in a time bound manner. The above committee shallcomprise of:

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a. An officer of the concerned local body not below the levelof Director/Sr. Architect/Superintendent Engineer orequivalent.

b. A senior officer of DDA not below the level of Director/Sr.Architect or equivalent.

c. Three representatives from the profession, one each fromarchitecture, engineering and town planning, to be nominatedby Lieutenant Governor of Delhi.

d. Any other official/ professional may be co-opted if required.

This committee shall be constituted by the chief executive/head of the Sanctioning Authority and shall have a term of 3years after which, it shall be reconstituted with a change ofmembers. If the authority/ local body so desires, some or allthe members may continue.

This committee shall meet regularly, at least once a monthand consider the grievances/ appeals/ queries regardingsanction, completion, interpretation etc. of these bye laws andcodes, etc. The decision of this committee shall be final andbinding in all matters related to interpretation of these buildingbye- laws. All decisions taken by this committee shall berecorded in minutes of the meeting and place on the websiteof the concerned authority/local body. All grievances/ appealsshall be in the form of an application. Fees if any shall bedecided by the authority/concerned local body.

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2.3 Grant of Sanction of Building Plan or Refusal

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2.3 Grant of Sanction of Building Plan or Refusal 2.3.1 Application for sanction of building plan shall besubmitted to the sanctioning authority. The sanctioningauthority may either grant or refuse the sanction or maysanction them with modifications or directions as it may deemnecessary and thereupon shall communicate its decision tothe owner/ applicant within the time limit stipulated in Chapter3 for various categories of buildings specified therein orwithin 30 days of receipt of application, whichever is less,digitally signed as per proforma given in Form B-1.

2.3.2 Sanction of building plan includes new case of sanction,revised sanction, sanction of addition/ alteration and shallbe governed by prevailing norms at the time of application.

2.3.3 Approval/ NOC from external agencies (a) In cases, where the building plan requires approval/ NOCfrom agencies outside the sanctioning authority such as DelhiFire Services, Delhi Urban Art Commission, Airports Authorityof India, Delhi Pollution Control Committee, HeritageConservation Committee, Department of Forest, Departmentof Labour, National Monuments Authority, Chief Inspectorof Factories, Director General of Explosives, etc., thesanctioning authority shall issue the building permit only aftergetting such approval/ NOC from the concerned agency.

(b) The approval/NOC/refusal shall be issued by the outsideagency within 15 days or within the time stipulated in Chapter3, whichever is less; failing which the approval/NOC of theoutside agency on the building plan shall be deemed to beissued. The sanctioning authority shall process theapplication for building permit accordingly.

(c) All such external agencies shall prepare Colour CodedZonal Maps (CCZM) with information on the specific areawhere their approval/ NOC is required. These agencies shallplace these maps on their website and also on the websites ofthe sanctioning authority directly or through a link.

Example: DMRC grants NOC only to such buildings whichfall within 11 m from the boundary of their operational area.DMRC shall make a colour-coded zonal map of their regulatedarea available on their website directly and through a link onthe websites of all sanctioning authority.

(d) These external bodies shall prepare a Standard OperatingProcedure (SOP) explaining all the details regarding the areasfor which their approval/ NOC is required, the requirementsto be met for such approval/ NOC, the procedure to be followedby the person(s) applying for the sanction of the buildingplan and how such person(s) can find whether a buildinglies within the agency’s area of regulations or not. These A

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agencies shall place the SOP on their website and also on thewebsite of sanctioning authority directly or through a link.The SOP shall be simple and clear with illustration(s).

Note: For applicability of Environmental Conditions, See 3.2.

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2.3.4 Deemed Sanction:

(a) If the sanctioning authority fails to intimate the owner/applicant, of its refusal or sanction or any intimation, withinthe time limit stipulated in bye- law 2.3.1, the building planshall be deemed to have been sanctioned. However, the deemedsanctioned building plan shall be released only after the owner/applicant informs the sanctioning authority about the depositof requisite fees and charges, as applicable.

(b) Deemed Sanction shall not be construed to authorize anyperson to do anything in contravention or against the termsof lease or titles of the land or against MPD, any regulations,bye-laws, ordinance, etc.

2.3.5 In case the owner/ applicant fails to remove all theshortcomings communicated by the sanctioning authority,within 15 days from the date of receipt of such communication,the application shall be rejected and the building permit feesshall be forfeited. The same shall be conveyed to the owner/applicant accordingly.

2.3.6 In case of any intimation of shortcomings made by thesanctioning authority/ statutory body to the owner forcompliance; the time period for sanction of building plan forvarious categories of buildings, as specified in byelaw 2.3.1,shall be counted from the date of the receipt of the lastcommunication/ submission made by the owner/ applicant.

2.3.7 In case the sanctioning authority rejects the application,the applicant can resubmit the application for sanction ofbuilding plan along with the building permit fees again.

2.4 Validity of Building Permit

2.4.1 The building permit shall remain valid for five years fromthe date of its issue subject to the condition that construction work at site shall start within one year from the date ofsanction of building plan.

2.4.2 No building activity can be carried out after the expiryof validity of building permit.

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2.4.4 Procedure for Revalidation of Building Permit (a) The building permit can be revalidated for a period inmultiples of year not exceeding 5 years at a time, from thedate of expiry of the validity of the original permit on paymentof building permit fees for revalidation (as per Annexure III).Application for such revalidation shall be submitted alongwith the following documents; In case of change of ownershipor expiry of time for construction in case of leaseholdproperties, ownership documents for updated ownership asprescribed in bye-law.

(b) The application for revalidation shall be processed andrevalidation or objection, if any, shall be communicated withinperiod stipulated in Chapter 3 or 30 days from the date of theapplication, whichever is less.

2.7.4 Approval/ NOC from external agencies (a) In cases, where the issue of OCC requires approval/ NOCfrom agencies outside the sanctioning authority such as DelhiFire Services, Delhi Urban Art Commission, Delhi Jal Board,Heritage Conservation Committee, etc., the sanctioningauthority shall issue the OCC only after getting such approval/NOC from the concerned agency.

(b) The approval/ NOC/ refusal shall be issued by the outsideagency within 15 days of receipt of the application or withinthe time stipulated in Chapter 3, whichever is less; failingwhich the approval/ NOC of the outside agency on the buildingplan shall be deemed to be issued. The sanctioning authorityshall process the application for OCC accordingly …

2.8 Regularisation

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Any building or part thereof constructed unauthorisedly withor without obtaining the sanction of building plan and/orOCC, can be regularised, if the same is within the ambit ofBBL and MPD provisions by paying requisite fees andcharges as per Annexure III & Annexure IV, as per Form D-3.

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2.11 Construction to be in conformity with building bye-laws.

Owners’ liability: Neither granting of permission nor approvalof the buildings and specifications, nor the inspection by thesanctioning authority during erection of the building, shallin any way relieve the owner of such building from fullresponsibility for carrying out the work in accordance withthe building bye-laws and in case of any violation, the ownershall be liable for action under the extant law.

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3.1 RISK BASED CLASSIFICATION FOR APPROVAL OFDBUILDING PLANS

3.1.0 FAST TRACK APPROVAL PROCEDURE

(i) For the buildings classified as Very Low Risk and LowRisk, the fast track procedure for approval of building planshas been specified, wherever applicable, under the bye-laws3.1.1 onwards.

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(ii) For buildings classified as Moderate Risk, the time limitfor grant/ refusal of sanction of building plan, OCC orrevalidation of building permit shall be 20 days.

(iii) For buildings classified as High Risk, the time limit forgrant/ refusal of sanction of building plan, OCC orrevalidation of building permit shall be 30 days.

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3.1.1 RESIDENTIAL BUILDINGS

3.1.1.1 For approval of the residential plotted and grouphousing buildings, risk based classification shall be as perTable 3.1.

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Table 3.1: Risk Matrix for Residential buildings(Residential Plotted* and Group Housing)

Different

if any)

*Residential plotted includes all residential plots forming apart of approved layout/ special areas/ unauthorizedregularized colony/ village abadis/ lal dora & extended laldora resettlement colonies and slum & JJ cluster/Rehabilitation colonies; excluding those within LBZ.

**Different sizes for Group Housing prescribed in MPD-2021.

3.1.1.2 Fast Track Procedure: The fast track procedure forapproval of the residential plotted and group housingbuildings, based on their risk based classification as per bye-law 3.1.1.1, shall be as follows:

(i) For the buildings categorized as Very Low Risk, the processprescribed in Chapter 4 shall be followed.

(ii) For the buildings categorized as Low Risk, an architect/engineer (qualification and competence as per Annexure-I)shall be empowered to issue the building permit, but only aftersubmitting the plan along with requisite documents and feesto the authority/local body. If the owner/ architect/ engineerdesires to get the building plan sanctioned by the local body,building plans prepared by a qualified architect/ engineerwill have to be submitted to the authority/ local body alongwith the fees and other requisite documents and the local bodyshall grant the building permit within 10 days.

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7.1 Space Requirement for Different Parts of ResidentialBuilding of Different Size of Dwelling Units 7.1.1 Main Building: The plinth or any part of a building orouthouse shall be so located with respect to highestsurrounding road level from site / ground level irrespective oflocation of the entry level so that adequate drainage of thesite is assured.

7.1.2 Interior Courtyards, Covered Parking Spaces andGarages: These shall be satisfactorily drained either bygravity or by mechanical means.

7.1.3 Minimum Size, Width and height of different componentsof residential premises, low/high rise as given below in Table7.1.

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7.15 Provision of parking in Stilts, Podium and Landscaping 7.15.1 In case a building is to be constructed on individualplot with stilt floor, a minimum 2.4m height at soffit level ofbeam and maximum 2.7m height at soffit level of slab forproviding parking space is permitted. In podium(s), minimum2.4m height at soffit level of beam and maximum 2.7m heightat soffit level of slab for providing parking space can beconstructed in continuation of the stilt floor having accessfor the parking without conflicting with the access requirementas per clause 2.0.4.j.iv and 8.2 from the plot line. The terraceof podium may be used for plantation, swimming pool,landscaping, other related structures and parking/entranceand exits as required.

7.15.2 In case of provision of stack-parking in stilt floor, theheights prescribed in 7.15.1 for stilt floor may be relaxed.However, in case of stack parking the height shall be as perdesign and structural safety requirement.

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Notes: 1. Shear wall/ bracing/ any other structural provisionas per IS 1893 (Part 1), IS 13920, IS 4326 may be providedto reduce impact of soft storey in the stilt area.

8.0 High Rise

Any buildings of 15m and above height shall be consideredas high rise building. For the buildings categorized as HighRise, clearance from Delhi Fire Service shall be mandatory.These provisions shall be in addition to the general buildingrequirements (low/ high) given in Chapter 7 of this documentand structural safety given in Chapter 9.

9.3 Fire Safety

The building plans for buildings covered under Rule 27 ofDelhi Fire Service Rules shall be marked fire and life safetymeasures as per the National Building Code of Indiaconcerning minimum standards for fire prevention and fireprotection as covered under Rule 33 of the Delhi Fire ServiceRules as amended from time to time; unless otherwise specifiedin these bye –laws.

9.3.1. Fire Escape Staircase

(a) . Fire Escape will be an additional external stair caseand shall not to be taken in to account for calculating theevacuation of the occupants of a specific floor. It shall notbe inclined at an angle greater than 45º from the horizontal.(b). All fire escapes shall be continuous from ground to terrace.(c). Entrance to fire escape shall be separate and remotefrom the internal staircase. 86 (d). The route and enclosureto fire escape shall be free of obstructions at all times, excepta doorway leading to the fire escape which shall have therequired fire resistance. (refer NBC Part 4). €. Fire escapeshall be constructed of non-combustible materials of requiredfire resistance (refer NBC Part 4). Unprotected steel framestaircase will not be accepted as fire escape .(f). Handrailsshall be as per Chapter 11. (g). Scissors staircase can alsobe used as fire escape subject to the condition that the twoentrances to the scissors staircase are not less than 9.0 mapart. (h). In case the provision is for a single staircase, thesame shall be separated at the ground floor level to have anaccess to the basement (if provided).(i). The staircaseenclosure if on external wall of the building shall be ventilatedto atmosphere at each landing or in case it is in the core of A

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the building it shall be maintained at a positive pressure asmentioned in NBC part IV, Fire and Life Safety, with bothautomatic and manual operation facilities and fire alarmsystems.(j). Fire escape staircases shall have straight flightnot less than 1.5 m wide with 30 cm treads and risers notmore than 15 cm. The number of risers shall be limited to 12per flight. (k). Spiral stairs can be used subject to, the use ofspiral staircase shall be limited to low occupant load and to abuilding of height 9.0 m. further a spiral fire escape shall notbe less than 1.5 m in diameter and shall be designed toadequate head room.”

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29. The Delhi Fire Service Act 2007 (hereinafter referred to as“Delhi Fire Service Act”) was enacted by the Legislative Assembly ofthe National Capital Territory of Delhi, to provide for maintenance of afire service and to make more effective provisions for fire preventionand fire safety measures in certain buildings and premises in the NationalDCapital Territory of Delhi and matters connected therewith.

30. Section 2(b) of the Delhi Fire Service Act defines ‘building’ tomean “any structure whether of masonry bricks, woods, mud, metalor other materials and includes a house, out-house, basement,underground parking, stable, latrine, urinal, shed, hut or wall (otherEthan a boundary wall)”

31. Sub-section (c) of Section 2 of the Delhi Fire Service Actdefines ‘building bye-laws’ to mean “the bye-laws made under Section186 of the Cantonments Act, 1924 (2 of 1924) or the bye-laws madeunder Section 349-A of the Delhi Municipal Corporation Act, 1957F(66 of 1957) or the bye-laws made under sub-section (2) of Section260 of the New Delhi Municipal Council Act, 1994 (44 of 1994) orthe regulations made under sub-section (1) of Section 57 of theDelhi Development Act, 1957 (61 of 1957), or the bye-laws madeby the Central Government by publication in the official Gazette,relating to buildings in Delhi”.G

32. Section 2(i) of the Fire Services Act defines “fire preventionand fire safety measures” to mean “such measures as are necessaryin accordance with the building bye-laws/National Building Code of Indiafor the containment, control and extinguishing of fire and for ensuringthe safety of life and property in case of fire and as may be prescribedHin the rules made in this behalf”.

33. Sub-section (s) of Section 2 defines “multi-storeyed building”to mean “a building with such minimum height as may be prescribedunder the rules in this behalf, and notified to the Director by the localauthority”. It does not appear that any height has been prescribed byany local authority and notified to the Director of the Delhi Fire Servicein terms of Section 2(s) of the Delhi Fire Service Act.

34. Chapter VI of the Delhi Fire Services Act makes specialprovisions for Fire Protection and Fire Safety Measures in certain buildingsand premises in Delhi.

35. Sections 32 to 35 contained in chapter VI are set outhereinbelow for convenience:

“32. Special provision for multistoreyed building.—Notwithstanding anything to the contrary contained in this Act,the multistoreyed buildings shall be governed by the provisions forthe fire prevention and fire safety measures hereinafter stipulated.

33. Inspection of buildings, premises, etc.—(1) The nominatedauthority may, after giving three hours notice to the occupier,or if there be no occupier, to the owner of any building havingsuch height as may be specified by rules framed under thisAct or premises, enter and inspect the said building or premisesat any time between sunrise and sunset where such inspectionappears necessary for ascertaining the adequacy orcontravention of fire protection and fire safety measures:

Provided that the nominated authority may enter into andinspect any building or premises at any time if it appears to itto be expedient and necessary to do so in order to ensuresafety of life and property.

(2) The nominated authority shall be provided with all possibleassistance by the owner or occupier, as the case may be, ofthe building or premises for carrying out the inspection undersub-section (1).

(3) When any building or premises used as a human dwellingis entered under sub-section (1) due regard shall be paid tothe social and religious sentiments of the occupiers; and,before any apartment in the actual occupancy of any womenwho, according to the custom does not appear in public, is A

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entered under sub-section (1), notice shall be given to herthat she is at liberty to withdraw, and every reasonable facilityshall be afforded to her for withdrawing.

34. Measures for fire prevention and fire safety.—(1) Thenominated authority shall, after the completion of theinspection of the building or premises under Section 33 recordits views or the deviations from or the contravention of thebuilding bye-laws with regard to the fire prevention and firesafety measures and the inadequacy of such measuresprovided therein with reference to the height of the buildingor the nature of activities carried on in such building orpremises and issue a notice to the owner or occupier of suchbuilding or premises directing him to undertake such measuresas may be specified in the notice.

(2) The nominated authority shall also give a report of any inspectionmade by it under Section 33 to the Director.

35. Provision regarding certain building and premises.—(1)Notwithstanding anything contained in any other law for timebeing in force the Director or the nominated authority mayenter and inspect any building, the construction of which wascompleted on or before the commencement of this Act or anybuilding which was under construction on such date in suchinspection appears necessary for ascertaining the adequacyof fire prevention and fire safety measures in such buildings.

(2) The entry and inspection under sub-section (1) shall bedone by the Director or the nominated authority in the mannerlaid down in Section 33.

(3) The Director or the nominated authority, as the case maybe, shall, after inspection of the building or premises undersub-section (1), and after taking into consideration.—

(i) the provisions of the building bye-laws in accordance withwhich the plan of this said building or premises wassanctioned;

(ii) the conditions imposed, if any, by the local authority atthe time of the sanction of the plan of the said building orpremises; and

(iii) the minimum standards for fire prevention and fire safetymeasures specified for such building or premises as may bespecified by rules framed under this Act, issue a notice to theowner or occupier of such building or premises stating thereinthe inadequacy in regard to the fire prevention and fire safetymeasures in it and direct the owner or occupier to undertakemeasures for rectifying the said inadequacy within the periodas he may consider just and reasonable.

(4) The nominated authority shall also give a report of anyinspection made by it under sub-section (1) to the Director.

36. In exercise of power conferred by Section 66 of the DelhiFire Service Act, the Lieutenant Governor of National Capital Territoryof Delhi has made the Delhi Fire Service Rules 2010, hereinafter referredto as the Fire Service Rules.

37. Some of the relevant provisions of the Fire Service Rules areas follows:

“27. Classes of occupancies likely to cause a risk of fire.

The following classes of occupancies for the purposes of sub-section (1) of section 25 of the Act shall be construed to likelycause a risk of fire, namely:- ….

(2) Residential buildings (other than hotels and guest houses)having height more than 15 meters or having ground plusfour upper stories including mezzanine floor.

(3) Hotels and guest houses having height more than 12 metershaving ground plus three upper stories including mezzaninefloor.

28. Height of building.

The minimum height of the buildings for the purposes of sub-section (1) of section 33 and sub-section (1) of section 35 ofthe Act shall be as specified in rule 27.

….

33. Minimum standards for fire prevention and fire safety forbuildings. (1) The minimum standards for fire prevention and A

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[2022] 7 S.C.R.

fire safety for buildings as may be applicable with referenceto the height of the building and class of occupancy for thepurposes of section 32 and section 35 of the Act shall be asare provided in the building bye-laws or National BuildingCode of India 2005 relating to the following matters:-

(1) Access to building

(2) Number, Width, Type and Arrangement of exits.

(3) Protection of Exits by means of fire check door (s) and orpressurization.

(4) Compartmentation.

(5) Smoke Management System.

(6) Fire Extinguishers.

(7) First-Aid Hose Reels.

(8) Automatic fire detection and alarming system.

(9) MOEFA.

(10) Public Address System.

(11) Automatic Sprinkler System.

(12) Internal Hydrants and Yard Hydrants.

(13) Pumping Arrangements.

(14) Captive Water Storage for fire fighting.

(15) Exit Signage.

(16) Provision of Lifts.

(17) Standby power supply

(18) Refuge Area.

(19) Fire Control Room

(20) Special Fire Protection Systems for Protection of specialRisks,:

Provided that classes of occupancies or buildings or premisesfor which fire prevention and fire safety measures are notprovided in the building bye- laws or National Building Code of India 2005, the Director may require owner or occupier ofsuch occupancies or buildings or premises to provide fireprevention and fire safety measures in accordance withinternational standards as may be provided by the FirePrevention Wing,:

Provided further that where the Government is of the opinionthat it is necessary or expedient so to do, it may, by order, forreasons to be recorded in writing, relax or modify or annulany requirement concerning fire prevention and fire safetymeasures under these rules with respect to any class ofoccupancy in any building or premises in special areas or inrespect of any building or premises in any area that wasconstructed or which was under construction prior to the dateof enforcement of these rules.

(2) Where the Director is of the opinion that it is necessary orexpedient so to do, it may, for reasons to be recorded inwriting, require the owner or occupier of the buildings orpremises to provide additional fire prevention and fire safetymeasures.

34. Issue of fire prevention and fire safety measures.

(1) On receipt of a reference from the local authority or anyother statutory authority under clause (s) of section 2 of theAct the Fire Prevention Wing shall issue fire prevention andfire safety measures under these rules to be incorporated inthe design of the building for the safety of the occupants.

(2) The Fire Prevention Wing may require the owner or occupierto make presentation through Architect (s) on a specified date.

(3) The Fire Prevention Wing shall direct the Architect to modifythe building plans received under sub-rule (1) above to ensurethe compliance of these rules and the architect shall abide bysuch instructions failing which building plans are liable forrejection.

(4) The fire prevention and fire safety measures shall be issuedwithin three weeks from the date of presentation under sub-rule (2) or modification of building plans as may be requiredunder sub-rule (3) if any.

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35. Fire Safety Certificate to be issued.

(1) the Director or any other officer authorized by him in thisbehalf by a general or special order shall issue a Fire SafetyCertificate in Form ‘H’ in First Schedule to the owner oroccupier of the building or premises with such conditions asmay be specified in the Fire Safety Certificate for complianceof fire prevention and fire safety measures as specified underthese rules.

(2) The application for grant of Fire Safety Certificate shallbe made to the Director in Form ‘I’ in First Schedule andshall be accompanied with a certificate from the architect andowner or occupier that all the fire prevention and fire safetymeasures as required under rule 33 have been incorporatedin the building or premises.

(3) On receipt of application under sub-rule (2), the buildingor premises shall be inspected by a team of fire officers toascertain the availability and operability of the fire preventionand fire safety measures who shall recommend to the Directorfor grant or refusal of fire safety certificate.

(4) On receipt of the recommendations under sub-rule (3) theDirector shall grant the fire safety certificate or reject thesame for reasons to be recorded in writing and communicatedto owner or occupier as the case may be.

(5) In case of rejection of application for grant of fire safetycertificate under subrule (4), a fresh application shall be madeby the owner or occupier under sub-rule (2) duly complyingwith the requirements as communicated under sub-rule (4).

(6) The buildings or premises that have already been issuedNo Objection Certificate for the occupancy of the buildingor premises shall deemed to have been issued Fire SafetyCertificate under rule 35 subject to verification of complianceof fire prevention and fire safety measures on which the NoObjection Certificate was issued on the last occasion.

36. Duration of Fire Safety Certificate.

The Fire Safety Certificate issued under rule 35 unless soonercancelled shall be valid for a period 5 years for residential buildings (other than hotels) and 3 years for non-residentialbuildings including hotels from the date of issue.

37. Renewal of Fire Safety Certificate.

(1) Application for renewal of Fire Safety Certificate grantedunder rule 35 as valid under rule 36 shall be made to theDirector in Form ‘I’ in First Schedule along with a copy ofthe Fire Safety Certificate six months before the expiry of theFire Safety Certificate.

(2) On receipt of application under sub-rule (1) the NominatedAuthority shall inspect the building or premises to verify thecompliance of rules and forward the report of the complianceor otherwise to the Director.

(3) On receipt of report under sub-rule (2) the Director orany other officer authorized by him in this behalf by a specialor general order renew the Fire Safety Certificate for a periodspecified under rule 36 or reject the application duly recordingthe reasons therefor.

39. Time for Completion of measures.

(1) Nominated Authority shall indicate the time not exceeding90 days within which fire prevention and fire safety measuresshould be provided as per the requirements of sub-section (1)of section 34 of the Act.

(2) The Director may review the time allowed by the NominatedAuthority under sub-rule (1) above and grant extension oftime once or several times if he is satisfied with the progressof the work subject to maximum of 180 days.

(3) The Fire Safety Certificate issued under rule 35 shall remainsuspended from the date of notice of the Nominated Authorityissued under sub-rule

(1) till the compliance is made to the satisfaction of the Directoror the Nominated Authority and this shall be duly recordedon the Fire Safety Certificate.

(4) The occupancy of the building or premises during the timeallowed for completion of work under sub-rule (1) and sub- A

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rule (2) above shall be at the risk and liability of the owneror occupier.

40. Cancellation of Fire Safety Certificate.

(1) If the owner or occupier fails to comply with the directiongiven under rule 39 within the specified time, the Directoror any other officer authorized by him in this behalf may,without prejudice to any other action under the Act or rules,after giving owner or occupier an opportunity to show cause,why such an order should not be passed by an order in writingstating the reasons therefor, cancel the Fire Safety Certificateissued under rule 35.

(2) The owner or occupier of the building or premises whosefire safety certificate has been cancelled by the Director orany other officer authorized by him in this behalf undersubrule (1), may within 90 days of the receipt of a copy ofthe order by him prefer an appeal in the manner laid downunder rule 42 to the Appellate Authority who may after givingthe owner or occupier an opportunity of being heard,confirm, reverse or modify such order.

42. Appeal.

(1) An appeal to the Appellate Authority under sub-section(7) of section 27 or under sub-section

(2) of section 36 of the Act shall be preferred in Form ‘R’ inFirst Schedule and shall be accompanied by a copy of orderor notice appealed against and by a fee of Rs. 5,000/- (Rupeesfive thousand only) through a bank draft drawn in favour ofDDO (Headquarters), Delhi Fire Service payable at Delhi.(2) The appellate authority shall consider all the circumstancesof the case and make such orders as it may deem just andequitable and his order shall be final.

(3) The authority which made the order appealed against shallgive effect to the order passed by the appellate authority.

38. As noted above, the Appellant had applied to the SDMC forsanction of a building plan, for the construction of a building on the saidpremises.

The height of the building was shown as 15 metres, as per thebuilding Regulations prevailing then.

39. However, about two months after the building plan submittedby the Appellant was sanctioned on 15[th] July 2013, the Ministry of UrbanDevelopment (Delhi Division) amended the Master Plan for Delhi by aNotification dated 23rd September 2013, which was published in theOfficial Gazette on 21st October 2013.

40. As per the amendment, buildings upto 17.5 metres in height,with stilt parking, were not to be considered as high rise buildings. Theamendment also required that clearance of the Fire Department wouldhave to be obtained by the owner of the plot.

41. According to the Appellant, by the time the Appellant came toknow of the amendment of the Master Plan, the Appellant hadcommenced construction in accordance with the building plan assanctioned, which depicted the height of the building as 15 metres withthe stilt parking. The stilt as well as the roof of the ground and firstfloors had been casted. Only the second and the third floor roof castingremained to be done.

42. In terms of the amended Master Plan, the Appellant got arevised Building Plan prepared, which provided for increase of the heightof the building to 16.6 meters with stilt parking, which was well below17.5 meters provided in the amended Master Plan. Admittedly, the buildingpartly constructed by the Appellant is ground plus three floors. TheHeight of the building is 16.6 meters with the parking stilt. If the parkingstilt is excluded the height of the building is well within 15 meters.

43. It is stated that as owner the Appellant was required to obtainfire clearance from the Delhi Fire Service Authorities for sanction of theRevised Building Plan. After preparation of the revised building plan inaccordance with the amended Master Plan, the Appellant had a talkwith the Chief Fire Officer, Delhi over telephone. According to theAppellant, he had informed the Chief Fire Officer that construction hadbeen commenced as per the original sanction plan. According to theAppellant, the Appellant had been assured that there would be no difficultyin obtaining fire clearance by reason of increase in the height of thebuilding by 4 feet.

44. On 20[th] January 2014, the Appellant submitted the RevisedBuilding Plan to the SDMC for increase of the height to 16.6 meters by AB

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Aincreasing the height of the second and third floors by 2 feet each. TheAppellant was, however, informed that the revised building plan couldnot be sanctioned until clearance and/or ‘No Objection’ was obtained bythe Appellant from the Fire Service Authorities.

45. The Unified Building Bye-laws apply to all erection andBreconstruction of buildings by virtue of Clause 1.7.0 thereof. Since theRevised Building Plan is yet to be sanctioned it will be governed by theUnified Building Bye-laws. Clause 1.7.2 of the Unified Building Bye-laws prohibits the erection, addition or alteration of a building, withoutobtaining a separate building permit from the Sanctioning Authority. Asper Clause 8.0 of the Unified Building Bye-laws, any building of 15mCand above is to be considered as a high rise building. When readharmoniously with Clause 7.15.1 stilt parking upto a maximum heightof 2.7 meters has to be excluded in measuring the height of 15 meters,for the purpose of Clause 8.0.

46. By virtue of Clause 1.3.3 of the Unified Building Laws,Dextracted hereinbefore, the provisions of the Master Plan of Delhi, interalia, regarding height or use of buildings are applicable to the BuildingRegulations mutatis mutandis. All amendments to the Master Plan wouldautomatically be included as part of the Unified Building Regulations.

47. The provisions of the Unified Building Regulations are statutorilyErequired to be construed harmoniously with the Master Plan of Delhi.Section 53A of the DD Act expressly provides that no Rule, Regulationor Bye-law is to be made by any local authority, unless the authority,upon consideration of the Rule, Regulation or Bye-law certifies that itdoes not contravene the Master Plan. The phrase ‘buildings of 15m andFabove, are to be considered as high rise buildings’, is to be construed tomean that buildings of 15m and above excluding the height of stilt parking,or without stilt parking are to be considered as high rise buildings. Weare informed that Stilt parking is mandatory now.

48. The Appellant had also entered into correspondence with theGGovernment suggesting amendment of Rule 27 of the Fire ServicesRules to bring the same in conformity with the Master Plan, as amendedby the Notification dated 23[rd] September 2013.

49. The Appellant states that the Appellant had to take loan ofRs.20 Crores from the bank for construction of the building and had topay instalments of Rs.20 lakhs per month for repayment of the loan,H

inclusive of interest. However, the Appellant had to stop the ongoingconstruction and follow up with the department of fire service, seekingapproval/clearance. The revised building plan was not being sanctionedfor want of fire clearance.

50. On or about 28[th] February 2014, the Appellant filed theabovementioned Writ Petition being W.P. (C) No.1476/2014 in the HighCourt of Delhi, inter alia, challenging Rule 27 of the Fire Services Rulesand seeking amendment of the Rules to bring the same in conformitywith the Master Plan.

51. In the Writ Petition, the Appellant prayed for the followingreliefs:- “a. Issue appropriate writ, order or direction setting aside Rule27(2) of the Delhi Fire Service Rules as the same does notincorporate the amendment as provided in the Delhi MasterPlan vide notification dated 23.09.2013 and is isolative ofArticle 14 of the Constitution of India.

b.Issue appropriate writ order or direction commanding theRespondents to amend the Rule 27 of the Delhi Fire ServiceRules so as to align the same in accordance with the amendedmaster plan, that is, by providing for measurement of the heightof the building from the ground level in the case of buildingwithout stilt and the case of building with stilt from the stiltlevel.

c.Direct the South Delhi Municipal Corporation to approve therevised plan of the Petitioner as submitted by the Petitioneron 20[th] January, 2014.

d.Make the said order absolute after hearing the parties.

e.Pass such other order/orders, which may deem fit and properin the facts and circumstances of the case and in the interestof justice.”

52. Soon after the Appellant filed the Writ Petition, the MasterPlan was amended further as under:- “building taller than 15 meters (without stilt) and 17.5 meters(including stilt) in all south zone will be considered as high risebuilding”

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A53. Mr. Nidhesh Gupta, learned Senior Counsel appearing on behalfof the Appellant submitted that the purpose of the amendment was toclarify that individual owners of residential buildings up to 17.5 metersincluding stilt would not fall within the regulatory regime of the DelhiFire Service.

B54. A counter affidavit has been filed on behalf of the Delhi FireService, contents whereof are briefly summarised hereinafter:-

(i) National Capital Territory of Delhi is governed by the MasterPlan of Delhi under the DD Act.

(ii) The Master Plan may be modified or amended by theCCentral Government in accordance with Section 11A of theDD Act to meet the requirements of urban development.

(iii) DDA is the nodal statutory agency to prepare and finalizethe Master Plan.

(iv) Direction and implementation of the Master Plan of thebuilding bye- laws rests with local bodies such as DDA,Municipal Corporation of Delhi, New Delhi MunicipalCouncil.

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(v) Amendment of the Fire Service Rules is within the exclusivedomain of Legislature of the National Capital of Delhi.E

55. In the counter affidavit, it is stated that fire safety clearanceof buildings is issued by the Fire Service Department under Rule 35 ofthe Fire Service Rules in respect of buildings identified under Rule 27.Fire clearance is required in respect of :-F(1)Pandal having seating capacity more than 50 personsor covered area more that 50 square meters.

(2) Residential buildings (other than hotels and guesthouses) having height more than 15 meters or havingground plus four upper stories including mezzanineGfloor.

(3) Hotels and guest houses having height more than 12meters having ground plus three upper stories includingmezzanine floor.

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(4) Educational buildings having height more than 9 metersor having ground plus two upper stories includingmezzanine floor.

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(5) Institutional buildings having height more than 9 metersor having ground plus two upper stories includingmezzanine floor.B

(6) All Assembly buildings.

(7) Business buildings having height more than 15 metersor having ground plus four upper stories includingmezzanine floor.

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(8) Mercantile buildings having height more than 9 metersor having ground plus two upper stories includingmezzanine floor.

(9) Industrial buildings having covered area on all floorsmore than 250 square meters.

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(10) Storage buildings having covered area on all floorsmore than 250 square meters. 13

(11) All Hazardous buildings having covered area on allfloors more than 100 square meters.

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(12) Underground Structures.

56. Rule 27 of the Fire Service Rules lists the classes ofoccupancies which are to be construed as likely to cause risk of fire.They include residential buildings (other than hotels and guest houses)having height of more than 15 meters or having ground plus four storeysincluding mezzanine floor.

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57. Mr. Gupta submitted that it is nobody’s case that the buildingof the Appellant has Ground plus four upper storeys. It is submitted thatthe building has ground plus three storeys. The entire controversy in thiscase revolves around the height of the building, which is well within 17.5meters but above 15 meters, with stilt parking.

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58. Mr. Vishnu B. Saharya, learned counsel appearing on behalfof Respondent No. 3, submitted that the buildings which are within 15meters in height do not require any fire service clearance. The questionis whether buildings within 15 meters excluding the maximum permissible H

Aheight of stilt parking can be denied sanction, on the ground of want offire clearance from the Fire Service Authority.

59. Ms. Aishwarya Bhati, learned Additional Solicitor General,appearing for the Delhi Government and the Fire Service Authoritiessubmitted a compilation of documents to indicate the grounds on whichBthe Fire Service Authorities had objected to the building plan. The FireService Authorities contended that the matter had been examined in thelight of Gazette Notification dated 23[rd] September 2013, issued by theGovernment of India which stated that the maximum height of thebuilding shall be 15 meters in plots without stilt parking and 17.5 meter inplots with stilt parking and that such residential buildings shall not beCconstrued as high rise buildings for the purpose of fire and life safetyrequirements and clearance of Fire Department would be obtained bythe original owner.

60. According to the fire service authorities, on compliance of theminimum standards for fire prevention and fire safety in respect of theDvarious kinds of occupancy specified above, fire clearance is granted.The minimum standards for fire prevention and fire safety of buildingsare as provided in the Building Bye-Laws and/or the National BuildingCode of India relating to :- E(1) Access to building

(2) Number, Width, Type and Arrangement of exits.

(3) Protection of Exits by means of fire check door (s) andor pressurization.

F(4) Compartmentation.

(5) Smoke Management System.

(6) Fire Extinguishers.

(7) First-Aid Hose Reels.

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(8) Automatic fire detection and alarming system.

(9) MOEFA.

(10) Public Address System.

H(11) Automatic Sprinkler System.

VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS.[INDIRA BANERJEE J.]

(12) Internal Hydrants and Yard Hydrants.

(13) Pumping Arrangements.(14) Captive Water Storage for fire fighting.

(15) Exit Signage.

(16) Provision of Lifts.(17) Standby power supply(18) Refuge Area.

(19) Fire Control Room

(20) Special Fire Protection Systems for Protection of specialRisks,:

61. In this case, it is a matter of record that the application of theAppellant for revised building plan has been rejected on the sole groundthat the Appellant had not removed the lacunae pointed out by the FireService Authorities.

62. The provisions of Part 4 of the National Building Code ofIndia relating to fire and life safety requirements applies to all high risebuildings and special buildings specified in clause 1.2(b) of Part 4 of theNational Building Code of India. The requirements have no applicationto residential buildings which are not high rise buildings.

63. The Fire Service Authorities also observed that the provisionsof fire safety clearance and provisions for arrangements such as openspaces, alternate staircase, internal road, 6 meters wide surrounding thebuilding etc. were vital from the point of view of life safety considerations.These arrangements are applicable to multi-storeyed and/or High RiseBuildings.

64. The Fire Service Authorities contend that buildings beyond15 meters in height irrespective of the type occupancy, pose differentchallenges in rescue and firefighting operations. The fire protectionrequirement in respect of residential buildings is set forth in a Tablebeing annexure R-1 to the counter affidavit which is reproducedhereinbelow”:- A

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A“Annexure-RICOMPARISON OF FIRE PROTECTION REQUIREMENTS:RESIDENTIAL BUILDINGS-APARTMENT HOUSES

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65. It is stated that the Fire Service Authorities are in a dilemmaas the notification of 23[rd] September 2013 clarifies that residentialbuildings with stilt parking having height of 17.5 meters or less, shall notbe considered as high rise buildings, but the notification does not clarifywhether it shall be out of the ambit of fire safety requirements of openspaces, alternate staircase, etc. that are mandatory for buildings havingheight of 15 meters or more.

66. Having made the aforesaid observations, the Chief Fire Officerkept approval on hold on the following grounds :

“1.All around 6 meters motorable road for fire tendermovement was not provided around the building as perClause 11.3(d) of the Building Bye- Laws 1983/4.6(b)of NBC Part 3

2. Alternate staircase was not provided as per Clause16.3.4 of the Building By-Laws 1983. 6.1.3.4(b) of theNational Building Code of India, Part-4;

3. Width of the staircase was not mentioned on the BuildingPlan; and

4. Fire fighting arrangements as per the National BuildingCode of Indi, Part-4, Fire and Life Safety were notproposed on the building plans.”

67. Under Section 32 of the Delhi Fire Service Act 2007, multi-storeyed buildings are governed by the fire prevention and fire safetymeasures, stipulated in Sections 33, 34 and 35 of the said Act. Thebuilding of the Appellant, under construction is not a multi-storeyedbuilding.

68. Sub-section (s) of Section 2 of the Delhi Fire Service Actdefines multi-storeyed buildings to mean a building of such minimumheight as may be prescribed under the Rules in this behalf and notified tothe Director by the local authority. Local authority has been defined insub- section Q to include the DDA, the Municipal Corporation of Delhiestablished under the Delhi Municipal Corporation Act, 1957 or any otherauthority as might be notified by the Central Government or theGovernment, as the case may be. SDMC is a local authority contemplatedin sub-Section (q) of Section 2 of the Delhi Fire Service Act.

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A69. As noted above, there does not appear to be any prescriptionof minimum height or intimation to the Director of the Delhi Fire Service,as required under Section 2(s) of the Delhi Fire Service Act. TheBuilding Bye-laws 1983 and the Unified Building Bye-laws read withthe Master Plan would have to be deemed as Prescription and Notificationunder Section 2(s). In any case, in view of Section 53 and 53A of theBDD Act, the Master Plan and the Building Rules, Regulations and BuildingBye-laws under the DD Act would prevail in case of inconsistency withany other Rules or Regulations.

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70. Section 32 of the Delhi Fire Service Act provides thatnotwithstanding anything to the contrary contained in the said Act, multi-Cstoreyed buildings are to be governed by the provisions of the fire provisionand fire safety measures thereafter stipulated.

71. Chapter V of the Fire Service Rules requires the Fire PreventionWing under the charge of a Chief Fire Officer to examine building plansreferred to the Fire Service Wing by any local authority or any statutoryDauthority from the fire prevention and fire safety point of view and issuedirectives relating to fire prevention and fire safety measures forcompliance by the builder, owner or occupier. The fire prevention wingis also empowered to study the fire accidents in the National CapitalTerritory of Delhi and assist in the framing of policies relating to fireEprevention and fire safety and matters similar and/or incidental thereto.

72. Rule 27 of the Fire Service Rules, enumerates the classes ofoccupancies which are likely to cause risk of fire. Residential buildings(other than hotels and guest houses), having height above 15 meters orhaving ground plus four upper storeys, including Mezzanine floors aredeemed to cause risk of fire.F

73. Under Rule 28 of the Fire Service Rules, the minimum heightof the buildings, for the purposes of sub-section (1) of Section 33 andsub- section (1) of Section 35 of the Fire Service Act, would be, asspecified in Rule 27, that is, height more than 15 meters or ground plusGfour upper storeys in case of residential buildings. Height more than 15metres would necessarily have to be construed as height more than 15metres without stilt parking or excluding the height of stilt parking withinthe limits as prescribed.

74. Section 33 relating to inspection of buildings and/or premisesfor ascertaining the adequacy or contravention of fire protection andH

fire safety measures, applies only to buildings, as specified, of minimumheight as specified in Rule 33 of the Fire Services Rules. The minimumstandards for fire prevention and fire safety for buildings, as stipulated inRule 33, for the purposes of Sections 33 and 35 of the Fire Service Act,are applicable as per the height of the building and class of occupancyas provided in Building Bye-laws or National Building Code of India,2005.

75. As per the proviso to Rule 33 in case of classes of occupanciesor buildings or premises for which fire prevention and fire safety measuresare not provided in the Building bye-laws or National Building Code ofIndia 2005, the Director may require the owner or occupier of suchoccupancies or buildings or premises to provide fire prevention and safetymeasures in accordance with international standards as may be providedby the Fire Prevention wing.

76. As per the Second proviso, where the Government is of theopinion that it is necessary or expedient so to do, it may, by order, forreasons to be recorded in writing, relax or modify or annul any requirementconcerning the fire prevention and fire safety measures under theseRules, with respect to any class of occupancy, in any building or premisesin special areas or in respect of any building or premises in any areathat was constructed or which was under construction prior to the dateof enforcement of these Rules.

77. Similarly, where the Director is of the opinion that it is necessary,or expedient so to do, it may for reasons to be recorded in writing, requirethe owner or occupier of the buildings or premise to provide additionalfire prevention and fire safety measures.

78. Rule 34 of the Delhi Fire Service Rules provides that, on receiptof a reference from the local authority or any other statutory authority,the Fire Prevention Wing may require the owner or occupier to modifythe building plans to ensure the compliance of the Delhi Fire ServiceRules, fire prevention and fire safety measures are to be issued withinthree weeks from the date of presentation under sub-rule (2) ormodification of building plans as may be required under sub-rule (3) ifany.

79. Rule 35 casts an obligation on the Director, or any otherofficer(s) authorized by the Rules, to issue a Fire Safety Certificate inthe requisite form, if the application is accompanied with a certificate A

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Afrom the Architect and owner or occupier stating that all the fire preventionand fire safety measures as required under Rule 33 have been incorporatedin the building or premises. Rule 35 only applies to high rise buildings.

80. On receipt of application, the building might be inspected by ateam of fire officers to ascertain the availability or operability of the fireBprevention and fire safety measures.

81. As observed above, multi-storeyed buildings are governed bythe provisions for fire prevention and fire safety measures stipulated inChapter VI of the Delhi Fire Service Rules.

82. Building bye-laws have been defined in Section 2(c) to meanCbye- laws made under the Delhi Cantonment Act, 1924, the DelhiMunicipal Corporation Act 1957, the New Delhi Municipal Council Act,1994 or the regulations made under sub-section (1) of Section 57 of theDelhi Development Act, 1957 or the bye-laws made by the CentralGovernment by publication in the Official Gazette, relating to buildings inDDelhi. The prevalent bye-laws and in particular 1.3.3 of the UnifiedBuilding Bye-Laws issued by the DDA makes it amply clear that thewords and expressions used in the bye-laws would have the samemeaning or sense as in the DD Act. Bye-law 1.3.3 makes it absolutelyclear that all Master Plan/Development Control Regulations regardinguse, coverage, F.A.R., set-backs, open spaces, height, number of storeys,Enumber of dwelling units, parking standards etc. for various categoriesof buildings including modifications therein made from time to time shallbe applicable mutatis- mutandis to the Building Regulations. In view ofthe Master Plan read with building bye-laws, high rise building/multi-storeyed building would mean a building taller than 15 meter without stiltor 17.5 metre with stilt.F

83. “Multi-storeyed building” is defined in Section 2(s) of the FireService Act to mean a building with such minimum height, as may beprescribed under the rules in this behalf, and notified to the Director bythe local authority. “local authority” has been defined in Section 2(q) ofthe Fire Service Act to mean the Delhi Cantonment Board establishedGunder the Cantonment Act, 1924 (2 of 1924), the Delhi DevelopmentAuthority, the Municipal Corporation of Delhi, the New Delhi MunicipalCouncil Act or any other Authority under any other law which might benotified in this behalf by the Central Government or the Government, asthe case may be.H

84. In the absence of any specific prescription of height in termsof Section 2(s) of the Delhi Fire Service Act or notification to the Director,the Master Plan read with the applicable Building Bye-laws, is to bedeemed the prescribed height notified in terms of Section 2(s). Theprescribed height is deemed to be height not exceeding 15 meters withoutparking stilt and/or excluding the height of the stilt parking, upto themaximum limit permitted.

85. Rule 27(2) of the Delhi Fire Service Rules which readsResidential Buildings (other than hotels and guest houses) having heightmore than 15 meters or having ground plus four upper storeys includingmezzanine floor, has to be construed as residential building having heightmore than 15 meters excluding stilt. It is implicit in the Fire Safety Rulesthat only buildings with stilt parking, exceeding 17.5 meters in height,would be considered as high rise building and/or multi-storeyed building.

86. The prayers in the Writ Petition filed in the High Court foramendment of Rule 27 of the Fire Service Rules are misconceived.There are no cogent grounds of challenge to Rule 27 of the Fire ServiceRules. Height prescriptions, as stated above, differ from place to place,based upon in depth study and consideration of all relevant factors. Therecould be no question of this Court directing the Lieutenant Governor ofthe National Capital Territory of Delhi to amend Rule 27. What is requiredis a meaningful purposive construction of Rule 27, in the light of the DDAct and the applicable Building Bye-laws read with the Master Plan, asamended.

87. The Appellants have referred to the Calcutta MunicipalCorporation Building Rules 2009 and Building Regulations applicable toseveral other cities to demonstrate that Rule 27 of the Fire Service Rulesis discriminatory. The Rules and Regulations referred to have been madeby the States under their own Statutes. There cannot be any uniformprescribed height for buildings all over the country. It is for the relevantrule making authority to take a decision with regard to height of a buildingfor the requisite level of safety including fire safety, taking into accountall relevant factors; such as topography, propensity to seismic turbulenceof the region, population density, traffic, etc.

88. The arguments advanced on behalf of the Appellant, in theHigh Court have duly been recorded in paragraph 6 of the impugnedjudgment and order. The said paragraph is extracted hereinbelow forconvenience:- A

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“6. The senior counsel for the petitioner:

(a) has drawn our attention to Delhi Building Bye-Laws 1983;(i) Bye-law 2.1 whereof defines “Act” as the DelhiDevelopment Act, 1957;

(ii) Bye-law 2.51 whereof defines “Master Plan” as the MasterPlan for Delhi approved by the Central Government underthe Delhi Development Act, 1957 and the amendments madefrom time to time;

(iii) Bye-law 2.02 whereof provides that the words andexpressions not defined in the Bye-laws shall have the samemeaning or sense as in the Delhi Municipal Corporation Act,1957, Delhi Development Act and the Master Plan for Delhi;

(iv) Bye-law 2.03 whereof provides that all mandatory MasterPlan/Zonal Plan regulations regarding coverage, floor arearatio, use, set-backs, open spaces, height, number of storeys,number of dwelling units, parking standards etc. for variouscategories of buildings including modifications thereof madefrom time to time shall be applicable mutatis mutandis in thebuilding regulations and that all amendments/modificationsmade in the building regulations will automatically beincluded as part of the Bye-laws;

(v) Bye-law 2.36 whereof defines “Floor Area Ratio (FAR)”as the quotient obtained by dividing the total covered area(plinth area) on all floors multiplied by 100 by the area of theplot;

(vi) Bye-law 2.58 whereof defines “Parking Space” as anarea enclosed or unenclosed, covered or open, sufficient insize to park vehicles, together with a driveway connectingthe parking space with a street or alley and permitting ingressand egress of the vehicles;

(vii) Bye-law 3.1 whereof provides that in addition to theprovision of the Delhi Development Act, the Building Bye-laws shall apply to the building regulation activity, in the UnionTerritory of Delhi under the jurisdiction of the DelhiDevelopment Authority (DDA);

(viii) Appendix J whereof containing ‘Relevant Extracts fromMPD- 2021 regarding Development Control Regulations’provides the maximum height of constructions of residentialplotted development, of 15 metres and further provides that ifthe building is constructed with stilt area of non-habitableheight (less than 2.4 metres), used for parking, such stilt areashall not be included in FAR but would be counted towardsthe height of the building; (b) has drawn our attention to the Notification dated 4[th] March,2014 of the Ministry of Urban Development (Delhi Division)issued in exercise of powers conferred by Section 11-A(2) ofthe Delhi Development Act making modifications in the MPD-2021 and whereby the definition of High Rise Buildings inClause 8(7) of Chapter 17 titled ‘Development Code’ of theMaster Plan has been changed to “Buildings taller than 15metres (without stilt) and 17.5 metres (including stilt) in alluse zones will be considered as High Rise Buildings” andfurther providing that in case of stack-parking in stilt floor,minimum height of 2.4 metres for stilt floor may be relaxed;

(c) has drawn our attention to Bye-law 6.2.4.1 of the BuildingBye- laws aforesaid relating to ‘Building Plans forMultistoreyed/Special Buildings which are more than 15metres in height and has argued that the same is by way ofan exception to Bye-law 6.2.4 dealing with ‘Building Plan’for plots measuring up to 250 sq.m. and above 250 sq.m.and has demonstrated that the building plan for suchmultistoreyed/special buildings has to show inter alia thelocation and size of fire lift, smoke exhauster system, accessto fire appliances/vehicles with details of vehicular turningcircle and clear motorable access way around the buildingetc.; (d) has argued:

(I) that the petitioner on 15[th] July, 2013 got the plan forconstruction on property No. C-319, Defence Colony, NewDelhi sanctioned from the Municipal Corporation of Delhi(MCD); AB

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(II) that at the time of sanction of plan, the height of thebuilding permissible under the Bye-laws was 15 metres whichincluded the stilt which had been made mandatory; A

(III) that upon amendment of the Master Plan vide Notificationdated 23[rd] September, 2013 published on 21[st] October, 2013,maximum height of the building was prescribed as 15 metresin plot without stilt parking and 17.5 metres in plot with stiltparking and further providing that such buildings were notto be considered as high rise buildings “for the purpose offire and life safety requirements, clearance of Fire Departmentwill be obtained by the individual plot owner”; B

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(IV) that by the time, the petitioner came to know about theaforesaid amendment, he had already casted stilt as well asthe ground and the first floors and the only second and thirdfloor roof casting remained;

(V) that in order to take advantage of the amended MasterPlan, the petitioner got a revised plan made by providing twofeet extra on the second and third floors, thus taking the heightof the entire building to 16.16 metres, that is, well below the17.5 metres provided in the amended Master Plan; D

E(VI) that since the amended Master Plan provided for takingclearance of the Fire Department, the petitioner applied on3[rd] January, 2014 and on 20[th] January, 2014 submitted revisedbuilding plans to the SDMC indicating therein that thepetitioner shall be increasing the height of the second andthird floors by two feet each to take the total height to 16.16Fmetres; E

(VII) that on 22[nd] January, 2014, the MCD referred the file tothe Fire Department, GNCTD; (e) has invited attention to the Delhi Fire Service Act (DFSA),2007 and has contended:

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(i) that there is no provision therein for compliance of theprovisions contained therein by residential buildings;

(ii) that though Section 25 thereof empowers the GNCTD toby notification in the official gazette declare any class of H

occupancy and pandal which are likely to cause a risk of firebut the GNCTD has not issued any notification;

(iii) that Section 32 thereof requires only the ‘multistoreyedbuildings’ to be governed by the provisions for the fireprevention and fire safety measures stipulated therein;

(iv) that the said measures are contained in the Delhi FireService Rules supra; (f) has invited attention to Rule 27 of the Rules supra listingthe classes of occupancies to be construed as likely to causea risk of fire and serial No. 2 whereof contains residentialbuildings (other than hotels and guest houses) having heightmore than 15 metres or having ground plus four upper storeysincluding mezzanine floor; (g) has contended,

(I) that once the Master Plan has changed the maximum heightof residential building from 15 metres to 17.5 metres andwhich change as per the provisions aforesaid of the BuildingBye-laws stands incorporated in the Building Bye-laws also,the rules cannot be permitted to continue classifying residentialbuildings of more than 15 metres but less than 17.5 metresheight as posing risk of fire;

(II) that rules aforesaid cannot be contrary to and have to besubservient to the Central Government legislation;

(III) that even otherwise Section 25 of the DFSA entitles theGovernment to declare only a class of occupancy, as likely tocause a risk of fire and not by height;

(IV) that the rule aforesaid is arbitrary per se and the heightof 15 metres contained therein, after the amendment of theMaster Plan and the consequent amendment of the BuildingBye-laws will have to be read as 17.5 metres;

(V) that the GNCTD, post the amendment of the Master Planand the Building Bye-laws, ought to have amended the Rules,but has failed to do so; A

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A(VI) that even the Development Code was amended on 4[th]March, 2014 in consonance with the amendments to theMaster Plan;

(VII) that the height of the occupancy, even after the amendmentaforesaid, remains 15 metres only and only to deal with theBpaucity of parking in streets in front of residential housesand to provide for parking, stilt floor in each residentialbuilding has been made compulsory;

(VIII) that the rules aforesaid framed by the GNCTD cannothave priority over the Master Plan or Building Bye-laws; C

(IX) that to hold that a residential building of more than 15metres but less than 17.5 metres height becomes a multi-storeyed building or a high rise building, would be absurdinasmuch as the plot size of such building does not admit of aprovision being made for two staircases, or providing forDmovement of a fire brigade all around the building and tohold so would also be contrary to the layout plan of thebuilding prescribing front and rear set-backs only;

(X) that the Supreme Court in para 66 of Delhi Bar Association(Regd.) v. Union of India (2008) 13 SCC 628 has held thatElaw framed by the GNCTD if repugnant to central law, wouldbe void.”

89. The Respondent Nos. 1 to 3 had filed their counter affidavitstating that under Rule 33 of the Fire Service Rules sets minimumstandards for fire prevention and fire safety of buildings. The standardsFfor fire prevention and fire safety depend on the height of the buildingsand class of occupancy, as provided in the applicable Building Bye-lawsor National Building Code of India. In Court it was admitted that therewas no fire protection requirement for one or two family private dwellingsand for residential building up to 15 metres in height.

90. From the impugned judgment and order, it appears that, inGcourse of arguments, the High Court inquired how increase in the heightof the residential building over 16.5 metres changed the position viz-a-viz safety and fire prevention. The Chief Fire Officer explained that thefloors above 15 metres could not be reached by manual ladder, havingregard to the incline at which the ladder is required to be placed alongsideHthe building. It was also argued that in case of fire in buildings above 15

metres in height, induction of air from outside would make fire spreadvery fast.

91. There can be no doubt that any construction has to conform toregulations made in the larger interest of the inhabitants of the city, toprotect environment, prevent fire, prevent accidents, provide for essentialamenities etc. There can also be no doubt that regulatory provisions forconstruction activities are in public interest.

92. At the same time a building which is not a high rise building asper the applicable rules or regulation cannot be compelled to complywith fire prevention and fire safety regulations applicable to high risebuildings.

93. It is not in dispute that the Appellant had got a plan sanctionedfrom the Municipal Corporation of Delhi on 15[th] July 2013. At that timethe height of the building permissible under Bye-laws was 15 metreswhich included the stilt, which had been made mandatory. It is also notin dispute that upon amendment of the Master Plan by Notificationdated 23[rd] September 2013 published on 21[st] October 2013 maximumheight of the building was prescribed as 15 metres without stilt parkingand 17.5 metres with stilt parking. After the amendment, the MasterPlan provides that buildings up to 15 metres without stilt parking and17.5 metres with stilt parking are not be to considered as high rise andfor the purpose of fire and life safety requirements, clearance of FireDepartment was to be obtained by the individual plot owner. The Appellantwas entitled in law to take advantage of the amended Master Plan forDelhi and he accordingly applied to SDMC for sanction of revised planon 20[th] January 2014. The revised plan was referred to the Delhi FireService Authorities by SDMC on 22[nd] January 2014.

94. Under clause 8.0 of the Unified Building Bye-Laws for Delhi2016, clearance from Delhi Fire Service is mandatory only for HighRise Building. The Building of the Appellant, under construction is not aHigh Rise Building, for the reasons discussed. Clearance from the DelhiFire Service is therefore, not mandatory for sanction of the RevisedBuilding Plan submitted by the Appellant.

95. There can be no doubt that the Appellant must comply withsafety requirements including fire requirements necessary for buildingswhich are not high rise. However, rules applicable to High Rise Buildingscannot be applied to buildings which are not High Rise Buildings.

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A96. The challenge to Rule 27(2) of the Fire Service Rules wasmisconceived and the High Court rightly rejected the challenge to thesaid Rule. It is also well settled that orders in the nature of Mandamusdirecting a rule making authority to amend Rules is not granted by theHigh Court in proceedings under Article 226 of the Constitution of India.The High Court rightly refused to pass any such order.B

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97. The High Court, however erred in dismissing the Writ Petitionwithout granting any relief to the Appellant. The High Court might havemoulded the relief sought in terms of Prayer C.

98. Admittedly the building in question does not exceed 17.5 meterCwith parking stilt. As stated above, height exceeding 15 meter to qualifyas high rise building must be construed as height exceeding 15 meterwithout stilt parking and/or excluding the permissible height of stilt parkingas per the building regulations read with the Master Plan of Delhi. Thebuilding in question is not a high rise building.

D99. Irrespective of whether fire clearance is mandatory in respectof the buildings, which are not high rise, it is open to the SDMC to getclearance from the fire service authorities to ensure that fire safetymeasures are not contravened. However, as admitted on behalf of thefire service authorities, fire clearance is granted subject to complianceof minimum standards for fire prevention and fire safety in respect ofEthe kind of occupancy as provided in the building bye-laws and/or theNational Building Code of India. Provisions of Building Regulations and/or Bye-laws and/or National Building Code, not applicable to high risebuildings are not attracted in the case of the building in question.

100. The Fire Service Authorities can only ensure that the buildingsFcomply with fire safety requirements, if any, applicable to residentialbuildings, which do not fall within the ambit of high rise buildings.

101. The argument that the Fire Service Authorities do not haveladders of adequate length to tackle outbreak of fire in buildings exceeding15 meter is fallacious and cannot be ground to deny the owner of property,Gthe right to carry out construction at his property, in accordance with theapplicable building laws, read with the Master Plan for Delhi, and therebydeprive the owner of his right to effectively utilise his property.

102. There is no prohibition on construction of buildings exceeding15 meters in height. The dispute is with regard to classification of theHbuildings- Whether such buildings are to be classified as high rise and subjected to specific Rules and Regulations applicable to high risebuildings. The difference in height is only about 4/5 feet. The height iswell within 17.5 meter with stilt parking as provided in the Master Plan.If the Delhi Fire Service Department does not have ladders to tacklefire in buildings exceeding 15 meters even by a few feet, existingbuildings exceeding 15 Meters in height and their inhabitants are doomed.It is preposterous to even think that multi-storeyed buildings would beleft to their own fire fighting facilities and their own existing staircase incase of outbreak of fire. The argument seems preposterous. If the FireService authorities do not have adequate fire fighting equipment, theywould necessarily have to acquire the same in the interest of the people.

103. We need not go into the question of whether any clearanceof the Fire Service Authorities is at all necessary. However, in view ofthe amendment to the Master Plan for Delhi 2021, as amended inSeptember, 2013 by S.O. No. 678(E) dated 4th March 2014, a buildingwith stilts which is 17.5 meter or less in height cannot be considered asa high rise building. If a building is not a high rise building, it will not bea multi- storied building.

104. SDMC cannot keep sanction of the Revised Building Plansubmitted by the Appellant, way back in January, 2014, in abeyanceindefinitely. Nor can sanction be rejected on the ground of non-complianceof fire service requirements applicable to multi-storied/high rise buildings.A decision with regard to sanction has to be taken within the timestipulated in Clause 2.3.1 of the Unified Building Bye-laws. Under Clause2.3.3(b) of the Unified Building Bye-laws, approval/refusal of agencies,such as Delhi Fire Service must be intimated within 15 days, or the timestipulated in Chapter III of the Unified Building Bye-Laws, whichever isearlier. In other words, a decision has to be taken by the Fire ServiceAuthorities within a maximum period of 15 days. It hardly need bementioned that in case of refusal, reasons are mandatory, for compliancewith principles of natural justice. It may however, be open to the SDMCto obtain the opinion of the Fire Service Authorities. It is made clear thatobjections will not be raised on the sole ground of non-compliance ofrules not applicable to a residential building which is not a high rise building.A decision shall immediately be taken on the application for sanction ofRevised Plan submitted on 14th January 2014 in the light of theobservations made above, keeping in view the timelines stipulated inClause 2.3.1 of the Unified Building Bye-laws.

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A105. The SDMC may in its discretion seek clearance from theFire Service Authority, but such clearance shall not be withheld on theground of non- compliance of requisites applicable to high rise buildings,or on the frivolous ground of unavailability of ladders of adequate size tocarry out inspection. If no views are expressed within the time asstipulated in the Unified Building Bye-laws and in particular Clause 2.3.3Bthereof, computed from the date of communication of this judgment andorder, clearance will be deemed to have been granted.

106. The appeal is, accordingly, allowed to the extent indicatedabove. The impugned order rejecting the Revised Building Plan is setaside and quashed.C

107. The SDMC shall consider the application afresh in the lightof the observations/findings given hereinabove.

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Nidhi Jain

(Assisted by : Tamana, LCRA)

Appeal partly allowed.

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