DESAI HOMES Vs. FIRE & RESCUE SERVICES

JUDGEMENT

(1.) The petitioner is aggrieved by the non-consideration of an application for issuance of final No Objection Certificate [for brevity "NOC"] by the 1st respondent, an officer of the Fire and Rescue Services department.

(2.) The petitioner had obtained a building permit, as is seen at Exhibit P1, which stood renewed upto 29.06.2017. The petitioner had completed the construction of a multi-storeyed apartment complex, filed a Completion Certificate and applied for Occupancy Certificate before the respondent, Municipality, as is seen from Exhibit P Prior to the Occupancy Certificate being granted, the Municipality conducts an inspection of the premises to ensure that the construction is done in accordance with the Kerala Municipality Building Rules, 1999 [for brevity "KMBR, 1999"] and on such satisfaction, seeks a NOC from the Fire and Rescue Services. The same was sought for by Exhibit P4. Certain defects were pointed out by the Divisional Officer of Fire and Rescue Service, the 1st respondent, on inspection. The petitioner is said to have rectified the same; which was intimated as per Exhibit P5. A further communication was also addressed to the Divisional Officer as per Exhibit P6, since the Divisional Officer had insisted on the access to be of 10 metres length as required by Table 4 under Rule 33(1) of KMBR, 1999.

(3.) The petitioner, by Exhibit P6 had informed the 1st respondent that when the permit was issued in the year 2008, the requirement was for providing an access of 5 metres width to multiple residential units. The same was enhanced to 7 metres in 2009 and then to 10 metres in 201 The insistence of 10 metres width is not applicable to the petitioner's construction, which is as per Exhibit P1 permit. The petitioner also relies on the decision of the Hon'ble Supreme Court in T. Vijayalakshmi v. Town Planning Member [(2006) 8 SCC 502] and a decision of a learned Single Judge of this Court in W.P.(C) No.28686 of 2010 dated 02.06.2011 [Roy M.Mathew v. The Director (Technical), Fire & Rescue Services & another] to urge the contention that the requirement for granting of Occupancy Certificate and NOC shall be, as found in the Building Rules, at the time of issuance of permit. The petitioner also relies on Exhibit P7 Circular issued by the Government to the very same effect.