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FIRE SAFETY PROVISIONS

8. To make more effective provisions of Fire Prevention and Fire Safety Measures in buildings and premises, the Parliament enacted the Delhi Fire Prevention and Fire Safety Act, 1986 (hereinafter referred to as the "Safety Act"). The Chief Fire Officer is required to be appointed under the provisions contained in this Act.

9. Section 3 of the Act, authorizes the nominated authority to inspect the said building or premises to ensure that fire safety measures are provided for the safety of life and property. Duty is cast upon the owner or the occupier to render all possible assistance. Duty is also cast upon the nominated authority to record its views on the deviations from or the contraventions of, the building bye-laws with regard to the fire prevention and fire safety measures and in the absence of any such measure, notice is to be issued to the owner or occupier to undertake such measures as may be specified in the notice.

We find no infirmity in the judgments of the High Court. The special leave petitions are dismissed. However, if the petitioner wants any clarification, it is open to the petitioner to approach the High Court."

Therefore, there is no reason as to why similar directions should not be given in the instant case.

49. The Apex Court in V.M. Kurian v. State of Kerala and others , deprecated the dispensation of requirement for protection from fire hazards as minimum width of stair case was dispensed with. The government in that case by granting exemption enabled the party to construct the building in violation of certain rules. The State government permitted construction of high rise buildings by relaxing certain conditions by exemption from operation of certain Rules. (1) minimum open spaces required to be kept in the front, rear and sides, (2) front, rear and side yards, (3) projections into and constructions on open spaces (4) floor area ratio, (5) maximum prescribed height, (6) aerodrome vicinity height restrictions, (7) parking spaces, (9) minimum width of stair cases, and (9) fire protection were the essential requirements to be complied with the Rules. The court pointed out that the Rules which are mandatory in nature and are required to be complied cannot be dispensed with. Observance and compliance with the Rules is for public safety and convenience. There cannot be relaxation of the Rules which are mandatory in nature and cannot be dispensed with especially in the case of a high rise building. Apex Court pointed out that in case of one or two storied building where there are minor deviations from the Rules, which do not affect the public safety and convenience would be different thing. But as the Court found that the deviations were of high magnitude and contrary to public safety and convenience and therefore held that construction of eight storied building was contrary to the mandatory provisions of the Rules and not sustainable in law. In the instant case by an Act of Parliament, Safety Act came to be enacted as also Safety Rules under the said Act and the non-compliance of these provisions as also the building bye-laws which are mandatory in nature, any deviation there from should be dealt with strictly by the authorities.