The Uttarakhand High Court quashed Dehradun District Magistrate's order directing issuance of Fire No Objection Certificate to a builder of a residential society, observing that despite being alive to deficiencies in the construction the DM issued the order without visiting the site or calling a report from fire safety department.

The court was hearing a writ petition by the association of residents of a Group Housing Complex–Pinnacle Residency in Dehradun, which had challenged Dehradun District Magistrate's order directing Chief Fire Officer to issue the NOC to respondent No. 5-builder, M/s Disha Hospitality Pvt. Limited.

The builder had before the DM, appealed against a notice by the CFO pointing out certain defects/deficiencies in the group housing complex from fire safety perspective, which was overruled by the DM's order.

Justice Manoj Kumar Tiwari observed that as per the reports submitted by Chief Fire Officer based on fire mock drills held from time to time, an Reinforced Cement Concrete (RCC) slab was found constructed over pillars near entry point of the group housing complex, which is said to be obstructing the passage of fire tenders and fire-fighting equipment are facing difficulty in reaching the residential complex.

"The appellate authority/District Magistrate, however, has not considered whether the RCC slab in question was part of the building plan as approved by the competent authority in MDDA, or it was built later without approval from MDDA," the court said.

The court found force in the petitioner's contention that NOCs dated 15.03.2018 and 29.09.2018 were issued by Fire Safety Department based on drawings and undertaking given by the builder, as construction had not begun. Therefore if a structure was made later in violation of approved building plan obstructing the passage of fire tenders and other heavy machinery, then Fire Safety Officer cannot be directed to issue NOC to the builder for getting the illegal structure compounded by ignoring the unauthorized construction which can endanger the life of persons residing in the complex.

It thus said:

"There is nothing to indicate in the impugned order that District Magistrate visited the site or called report from authorities of Fire Safety Department or MDDA or Revenue Department, before directing Chief Fire Officer to issue NOC. Since the notice, appealed against is based on report of fire mock drill conducted by experts in the field of fire safety, therefore, it was incumbent upon the Appellate Authority to arrive at the satisfaction objectively that the RCC slab and other constructions raised by respondent No. 5 meet the fire safety standards prescribed in National Building Code of India and Rules/regulations/Bye-laws framed on the subject. Such satisfaction can be arrived at based on some material, however reading of the impugned order indicates that there was no material available before the appellate authority, except the video produced by the builder, which cannot be the sole basis for allowing the appeal.

Perusal of the impugned order reveals that District Magistrate was alive to existence of RCC slab which could not have been overlooked by Fire Safety Department, while granting NOC, yet Chief Fire Officer was directed to issue NOC by holding that MDDA is aware about the rules/bye-laws applicable for compounding of unauthorized structure raised by respondent No. 5".

The residents had filed an earlier plea contending that some structures were raised by the builder in violation of building plan sanctioned by Mussoorie Dehradun Development Authority (“MDDA”) and further that the norms for fire safety laid down under Uttarakhand Fire & Emergency Service, Fire Prevention and Fire Safety Act, 2016 were not satisfied. That writ petition was disposed of by co-ordinate bench with direction to authorities of MDDA to act upon the recommendation made by Chief Fire Officer vide letter dated 19.06.2021 and to take appropriate action by issuing necessary direction to the Builder for installing the requisite fire fighting facilities, as per provisions of Fire safety Act

This order was challenged by the building before the division bench, which said that the builder will be given an opportunity of hearing by the authorities before an order is passed. Subsequently the DM passed the order permitting grant of fire NOC.

Allowing the writ petition, the court remitted the matter back to the District Magistrate, Dehradun to decide the appeal filed by the builder afresh as per law after hearing all necessary parties.

The DM's order was set aside.

Case title: Pinnacle Residency Apartments Owners Association Dehradun v/s District Magistrate Dehradun and others

Writ Petition No. 3631 of 2023 (MS)

Click Here To Read/Download Order