A bench comprising Chief Justice DK Upadhyaya and Justice Amit Borkar heard the public interest litigation (PIL) filed by Singh
The Bombay High Court has rejected a petition that sought to temporarily restrict the Mumbai Chief Fire Officer (CFO) from issuing no-objection certificates (NOCs) for building constructions in the city. The petitioner, lawyer Abha Singh, had requested this restraint as an interim measure while fire safety regulations for buildings vulnerable to man-made disasters are being finalized.
A bench comprising Chief Justice DK Upadhyaya and Justice Amit Borkar heard the public interest litigation (PIL) filed by Singh, which sought the enforcement of draft fire safety rules introduced in 2009. These regulations were proposed in response to the November 26, 2008, terror attacks in Mumbai and were intended to enhance fire safety in high-risk buildings.
During the hearing, Additional Government Pleader Jyoti Chavan informed the court that the Maharashtra government is in the process of implementing the new fire safety regulations. She explained that on March 15, the government issued a notice to add a new provision, 56A, to the Development Control and Promotion Regulation (DCPR) for Greater Mumbai. This provision outlines special safety control regulations for buildings at risk of man-made disasters.
Chavan added that the notice was published in the state government gazette to solicit public objections and suggestions regarding the proposed modifications. Objections from across Maharashtra have been received, and it will take approximately two to two-and-a-half months to finalize the procedure and issue the official notification. The court directed that the process should be completed within two months.
Meanwhile, advocate Aditya Pratap, representing Singh, argued for interim relief, citing multiple instances where the CFO had granted NOCs that allowed open spaces between buildings to be reduced to less than five feet, endangering public safety. Pratap alleged that the CFO appeared to prioritize the interests of builders over public safety.
In response, the bench instructed the CFO to personally address the allegations made by Pratap. The court stated that it would consider the interim relief request only after the state government finalises the fire safety regulations.
