Bombay High Court Directs BMC To File Affidavit Detailing Fire Emergency Measures Such As SOP, Response Time, Number Of Fire Stations & Manpower

The Bombay High Court on Friday directed the Brihanmumbai Municipal Corporation (BMC) to submit an affidavit outlining the measures implemented to address emergencies arising from sudden fires in city buildings.

A division bench of Chief Justice Devendra Upadhyaya and Justice Arif S Doctor also instructed BMC to include in the affidavit the Standard Operating Procedure (SOP) adhered to in such situations, the number of fire stations and manpower within municipal limits, and the response time of fire teams in a fire incident.

“We direct that by the next date of listing of the matter an affidavit in reply shall be filed by CFO BMC giving details of measures to meet exigencies caused by certain breaking of fire in the city of Mumbai. The detail of standard operating procedure shall also be provided by BMC in its affidavit. The affidavit shall also disclose how many fire stations are there in BMC and the man power in such power stations”, the court directed.

The court was dealing with a PIL initiated by lawyer Abha Singh urging the state government to promptly release the final notification concerning the 'Special Regulations for Buildings Vulnerable to Manmade Disasters.'

On Wednesday, the high court criticized the state government for its perceived laxity in enforcing fire safety regulations for structures susceptible to man-made disasters. Expressing concern over frequent fire incidents in Mumbai leading to loss of lives, the court referenced a recent tragedy where an 82-year-old woman and her 60-year-old son perished in a Girgaon-based residential building fire.

The court emphasized that an expert committee had submitted its report with recommendations in February, but the government had shown no progress.

During the hearing on Friday, Additional Government Pleader Jyoti Chavan presented a timeline from the principal secretary of the state Urban Development Department. According to the timeline, the Chief Minister will approve of committee recommendations and department views by January 15, 2024.

Subsequent steps include the notice for incorporating security rules in Unified Development Control And Promotion Regulations (UDCPR) and Development Control and Promotion Regulations (DCPR), 2034, will be taken by January 22, 2024. General Public would be required to submit suggestions by February 21, 2024. Procedures to be adopted by the town planning officer, along with the final notification under the Maharashtra Regional and Town Planning (MRTP) Act, are projected to be completed by May 20, 2024.

The court directed the state government to strictly adhere to the provided timeline and instructed the state government to furnish an affidavit detailing the progress in adopting the regulations. Additionally, the court directed the petitioner to make the BMC commissioner, chief fire officer, and the director of fire services/fire safety of the Maharashtra government party respondents to the case and seek their responses by the next hearing scheduled for January 30, 2024.

The PIL, filed in 2018 by Abha Singh, highlighted the lack of progress since a notice was issued in February 2009 regarding Draft Special Regulations for Buildings Vulnerable to Manmade Disasters. Despite several disasters occurring since then, a final notification was never issued. The court, in July 2022, ordered the formation of an Expert Committee to incorporate special regulations in DCPR 2034 and UDCPR.

Case no. – Public Interest Litigation No. 80 of 2019

Case Title – Abha Singh v. State of Maharashtra

Click Here To Read/Download Order