JEWEL HOMES PVT. LTD. Vs. REGIONAL FIRE OFFICER

JUDGEMENT

(1.) Petitioner has secured a building permit from the Kottayam Municipality for construction of a multi-storied building. Construction is complete, according to the petitioner in all respects, however, when the fire authority was approached for securing fire clearance, the same is not granted for the reason that, some acquisition proposal are made by the railway, consequent to which, there is a likelihood of the access road being acquired by the railway for the expansion work. It is thus seeking appropriate directions, this writ petition is filed.

(2.) A statement is filed by the 1st respondent, virtually justifying the stand adopted by the fire authority and it is also pointed out that, since the railway has acquired the existing road along with the surrounding land, the existing road itself has seized to exist, hence the demand of the petitioner to consider the existing road is not practical, and only when the road if any formed by the railway comes into existence and has a necessary width of 5 meters, then it can be taken into consideration.

(3.) The 3rd respondent railway has filed a detailed counter affidavit, wherein, the proposal for acquisition is admitted, however it is submitted that, the discussions are going on and it may take one to two years to complete the acquisition proceedings and doubling of track at the junction in question. It is also pointed out that, during that period, there will be shift in the road alignment at the present junction of completed service road and Illikadvu road. So the area at the junction can be demarcated in the presence of all stake holders.