VIKAS SINGH versus GOVT. OF NCT OF DELHI & ORS

Citation: [2022] 7 S.C.R. 833 · Decided: 11-08-2022 · Supreme Court of India · Bench: INDIRA BANERJEE · Disposal: Case Partly allowed

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Judgment (excerpt)

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VIKAS SINGH
v.
GOVT. OF NCT OF DELHI & ORS.
(Civil Appeal No. 5244 of 2022)
AUGUST 11, 2022
[INDIRA BANERJEE AND V. RAMASUBRAMANIAN, JJ.]
Urban Development: Delhi Fire Service Rules 2010: rr. 27,
28, 33, 34 to 37, 39, 40 and 42 – Sanction for revised building plan
– Failure and/or refusal of South Delhi Municipal Corporation
(SDMC) – Appellant, owner of premises applied to SDMC for
sanction of a building plan for construction of residential building
as per the bye-laws – Height of the building shown as 15 meters
including stilt as permissible as per bye-Laws – Plan duly sanctioned
– Subsequently, the Ministry amended the Master Plan for Delhi –
Appellant applied for sanction of Revised Building Plan – However,
the same was not sanctioned for want of fire clearance – As per the
amendment, maximum height of the building would be 15 meters, in
plots without stilt parking and buildings upto 17.5 metres in height,
with stilt parking, and such residential building were not to be
considered as high rise building – Amendment also required that
clearance of the Fire Department would be obtained by the
individual plot owner – Height of the appellant’s building was 16.6
with the parking stilt, which was well below 17.5 meters as provided
in the Master Plan – Writ Petition by the appellant challenging
refusal of SDMC to sanction a revised plan; and seeking setting
aside of s. 27(2) – Dismissed by the High Court – On appeal, held:
In view of the amendment to the Master Plan for Delhi 2021, a
building with stilts which is 17.5 meter or less in height cannot be
considered as a high rise building – If a building is not a high rise
building, it will not be a multi-storied building – Under clause 8.0
of the Unified Building Bye-Laws for Delhi 2016, clearance from
Delhi Fire Service is mandatory only for High Rise Building –
However, the building of the appellant, under construction is not a
High Rise Building – Thus, clearance from the Delhi Fire Service is
not mandatory for sanction of the Revised Building Plan submitted
by the appellant – No doubt the appellant must comply with safety
[2022] 7 S.C.R. 833
833
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SUPREME COURT REPORTS
[2022] 7 S.C.R.
requirements including fire requirements necessary for buildings
which are not high rise – However, rules applicable to High Rise
buildings cannot be applied to buildings which are not High Rise
Buildings – Thus, the High Court erred in not directing the SDMC
to approve the revised plan of the appellant – Order passed by the
High Court is quashed and set aside – SDMC to take decision on
the application for sanction of Revised Plan within the stipulated
time – Delhi Development Act 1957 – Delhi Development (Master
Plan and zonal Development Plan) Rules, 1959 – Delhi Municipal
Corporation Act, 1957 – New Delhi Municipal Council Act, 1994 –
Unified Building bye-Laws for Delhi, 2016 – Delhi Fire Service
Act, 2007 – ss. 2, 32 to 35 – Development Code of Master Plan and
the Building Bye-laws 1983.
Delhi Fire Service Rules, 2010: r 27 – Classes of occupancies
likely to cause a risk of fire – Writ petition seeking amendment of r.
27 to bring the same in conformity with the master plan, as amended
whereby building taller than 15 metres (without stilt) and 17.5 metres
(including stilt) in all south zone would be considered as high rise
building – Held : There are no cogent grounds of challenge to r 27
– Height prescriptions differ from place to place, based upon
in-depth study and consideration of all relevant factors – A
meaningful purposive construction of r. 27 is required, in the light
of the DD Act and the applicable Building Bye-laws r/w the Master
Plan, as amended – Thus, the challenge to r 27(2) was misconceived
and the High Court rightly rejected the challenge.
Partly allowing the appeal, the Court
HELD: 1.1 Rule 27 of the Fire Service Rules, enumerates
the classes of occupancies which are likely to cause risk of fire.
Residential buildings (other than hotels and guest houses), having
height above 15 meters or having ground plus four upper storeys,
including Mezzanine floors are deemed to cause risk of fire. [Para
72][888-E-F]
1.2. Under Rule 28 the minimum height of the buildings,
for the purposes of sub-section (1) of Section 33 and subsection
(1) of Section 35 of the Fire Service Act, would be, as specified in
Rule 27, that is, height more than 15 meters or ground plus four
upper storeys in case of residential buildings. Height more than
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