LEKSHMY DEVY Vs. ASSISTANT DIVISIONAL OFFICER

JUDGEMENT

(1.) Petitioner has constructed a five storied mercantile-cum-residential building within the limits of the Corporation of Kochi (the Corporation). Ext. P1 is the building permit issued to the petitioner by the Corporation on 18.01.2014. Before obtaining Ext. P1 building permit, the petitioner has obtained through the Corporation, No Objection Certificate from the Fire and Rescue Services Department of the State Government for the construction proposed. The height of the building proposed by the petitioner as per the plan submitted for building permit as also for No Objection Certificate of the Fire and Rescue Services Department was 14.95 meters. After the construction, the petitioner applied for occupancy certificate. When the petitioner applied for occupancy certificate, the Corporation requested the first respondent, the competent authority to issue the final No Objection Certificate of the Fire and Rescue Services Department for the building. Ext. P2 is the communication sent by the Corporation to the first respondent in this connection. Ext. P3 is the reply to Ext. P2 communication received by the Assistant Executive Engineer of the Corporation. As per Ext. P3, the first respondent required the Corporation to ascertain and report the height of the building. Ext. P4 is the reply to Ext. P3 communication sent by the Corporation to the first respondent. In Ext. P4 reply, the Corporation stated that the height of the building is 14.95 meters from the ground floor and 15.85 meters from the level of the adjoining street. Fire safety measures to be adopted for buildings having a height above 15 meters and below 15 meters, are different. In so far as the height of the building of the petitioner was found to be above 15 meters from the level of the adjoining street, the first respondent took the view that the petitioner has to adopt fire safety measures to be adopted for buildings having a height above 15 meters. Ext. P5 is the communication issued by the first respondent in this connection. Ext. P5 is under challenge in the writ petition.

(2.) According to the petitioner, the requirements concerning fire safety measures to be adopted in buildings are the requirements provided for in Part IV of the National Building Code of India in terms of Rule 44 of the Kerala Municipality Building Rules, 1999 (the Rules); that Part IV of the National Building Code of India provides the manner in which the height of the building is to be ascertained for the purpose of adopting fire safety measures; that the height of the building is to be ascertained from the average level of the ground around and contiguous to the building to the terrace of the last visible floor of the building adjacent to the external wall in terms of the National Building Code of India and that if the height of the building is measured in the said manner, the building of the petitioner can be considered only as a building having a height less than 15 meters.

(3.) A statement has been filed by the first respondent. The stand taken by the first respondent in the statement is that the height of the building has been arrived at by the Fire and Rescue Services Department as provided for under Rule 2(aq) of the Rules.