Supreme Court - Daily Orders
Avinash Mehrotra vs Union Of India on 12 February, 2025
Author: B.R. Gavai
Bench: B.R. Gavai
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
MISCELLANEOUS APPLICATION NO._______ OF 2025
(Diary No(s). 42800/2024)
IN
WRIT PETITION(C) NO. 483 OF 2004
AVINASH MEHROTRA Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
O R D E R
1. The miscellaneous application has been filed by the Central Board of Secondary Education (CBSE) seeking clarification of certain directions issued by this Court in its judgment and order dated 13.04.2009.
2. The clauses of which the clarification is sought are read as under:-
(ii) The nursery and elementary schools should be housed in single storied buildings and the maximum number of floors in school buildings shall be restricted to three including the ground floor.
(iv) The staircases, which act as exists or Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2025.02.15 16:30:39 IST escape routes, shall adhere to provisions Reason: specified in the National Building Code of India 2005 to ensure quick evacuation of children.2
3. Vide our order dated 21.12.2024, we had directed the senior officer dealing Fire Safety from the Urban Development Department of the Government of India to file an affidavit as to what steps have been taken for ensuring fire safety before finalizing the National Building Plan.
4. In pursuance to the aforesaid directions, Shri Hira Lal Mishra, Under Secretary, AMRUT Division, Ministry & Urban Affairs has filed an affidavit dated 06.01.2025.
5. In the affidavit, it is stated that with the passage of time as well as the advancement of safety measures in public buildings, the Model Building Bye-laws were revised by the Ministry of Housing and Urban Affairs in 2016. It is stated that in the said Bye-laws, the Development Code for “Educational Facilities” was recommended under Chapter 3 of the Bye-Laws. The details thereof are given in paragraph 6 of the said affidavit.
6. It is further stated in the affidavit that the Fire Protection and Fire Safety requirements 3 are part of Chapter 11 in Model Building Byelaws 2016 (“MBBL-2016” for short). It is further stated that during the revision of the MBBL, detailed consultations were undertaken with Central as well as various State agencies and after due deliberations, MBBL-2016 was revised/amended.
7. The affidavit further states that MBBL-2016 have been circulated to the various State Governments so as to enable the State Governments to adopt the provisions of the MBBL-2016 alongwith the suitable modifications as per the local needs and requirements.
8. In that view of the matter, we find that the Clause (ii) and (iv) of the paragraph 3.3 of the judgment and order dated 13.04.2009 needs to be clarified. The said paragraphs shall now be read as under:
(ii) The nursery and elementary schools should be housed in the buildings which are constructed in accordance with the MBBL-2016 as are applicable in the local buildings bye-laws.
(iv) The staircases, which act as exists or escape routes, shall adhere to provisions specified in MBBL-2016 or as per the local bye-
laws as are applicable to the areas where such schools are situated.
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9. The miscellaneous application is, accordingly disposed of.
….........................J (B.R. GAVAI) ...........................J (AUGUSTINE GEORGE MASIH) New Delhi February 12, 2025 5 ITEM NO.13 COURT NO.2 SECTION PIL-W S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS MISCELLANEOUS APPLICATION Diary No(s). 42800/2024 [Arising out of impugned final judgment and order dated 14-08-2017 in W.P.(C) No. No. 483/2004 passed by the Supreme Court of India] AVINASH MEHROTRA Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (IA No. 212669/2024 - APPLICATION FOR PERMISSION AND IA No. 212673/2024 - CLARIFICATION/DIRECTION) Date : 12-02-2025 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) :
Mr. Tushar Mehta, Solicitor General Ms. Pankhuri Shrivastava, Adv. Ms. Neelam Sharma, AOR Mr. Aditya Kumar, Adv.
Mr. Prashant Kumar, AOR For Respondent(s) :
Mr. Mukesh K. Giri, AOR Mr. Mandaar Mukesh Giri, Adv.
Mr. Ravinder Singh, Adv. Mr. Bijender Singh Gautam, Adv. M/S. Lawyer S Knit & Co, AOR Mr. Rajesh Srivastava, AOR Mr. Gaurav Verma, Adv.
Mr. Ajay Pal, AOR Mr. Shibashish Misra, AOR Mr. Ramesh Babu M. R., AOR Mr. Ansar Ahmad Chaudhary, AOR Mr. S.D.Sanjay, A.S.G. 6 Ms. Aarushi Singh, Adv. Mr. Kartikeya Asthana, Adv. Ms. Sunita Sharma, Adv. Mr. Rajat Nair, Adv.
Mr. Kushal Kolwar, Adv.. Mr. Shubham Prakash Mishra, Adv. Mr. Parthvi Ahuja, Adv. Ms. Pankhuri Srivastava, Adv. Mr. M.K. Maroria, AOR Mr. Sudarshan Lamba, AOR Mr. Anuvrat Sharma, AOR Mr. G. N. Reddy, AOR Mr. Anil Shrivastav, AOR Mr. Gopal Singh, AOR Mr. Dharmendra Kumar Sinha, AOR Ms. Hemantika Wahi, AOR Mr. Naresh K. Sharma, AOR Mr. Gopal Prasad, AOR Mr. C. K. Sasi, AOR Ms. Meena K Poulose, Adv.
Mr. Ranjan Mukherjee, AOR Mr. P. V. Yogeswaran, AOR Ms. K. Enatoli Sema, AOR Mr. Amit Kumar Singh, Adv. Ms. Chubalemla Chang, Adv. Mr. Prang Newmai, Adv.
Mr. Suresh Chandra Tripathy, AOR Mr. Karan Bharihoke, AOR Mr. Kuldip Singh, AOR M/S. Arputham Aruna And Co, AOR Mr. K. V. Vijayakumar, AOR Mr. M. Yogesh Kanna, AOR Mr. Abhijit Sengupta, AOR Mrs. Anil Katiyar, AOR Ms. G. Indira, AOR Mr. Sudarshan Singh Rawat, AOR Ms. Saakshi Singh Rawat, Adv. Mr. Ajay Kumar Bahuguna, Adv. Mr. Sunny Sachin Rawat, Adv.
Ms. Baani Khanna, AOR Mr. Robin Singh, Adv.7
Mr. Rohit Kumar, Adv. Mr. Kapil Balwani, Adv. Ms. Tejal Nagauri, Adv.
Mr. Samir Ali Khan, AOR Mr. Pranjal Sharma, Adv. Mr. Anil Kumar Verma, Adv.
UPON hearing the counsel the Court made the following O R D E R The miscellaneous application is disposed of in terms of the signed order.
(DEEPAK SINGH) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [Signed order is placed on the file]