Last week, the Bombay High Court demanded a response from the Additional Chief Secretary or Principal Secretary of the state Urban Development Department (UDD) regarding the minimum time required to enforce fire safety regulations for buildings at risk. The court criticised the state government for failing to meet deadlines for issuing final notifications. It issued a warning that if the proper procedures are not followed, it may pass an order halting all development approvals granted by various planning authorities and corporations, at least within the city of Mumbai, during the next hearing.
In light of recent fire incidents, including the deadly fire on 6 October that claimed the lives of seven family members, including three young children, in a ground-plus-two-storey building in Chembur's Siddharth Colony, the court stressed that an immediate decision was expected from the government.
The order followed a public interest litigation (PIL) filed by lawyer Abha Singh. A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar directed the government to issue the final notification on the "Special Regulations for Buildings Vulnerable to Manmade Disasters," which were introduced following the 26/11 terror attacks. The regulations are part of the Unified Development Control and Promotion Regulations (UDCPR) for the rest of Maharashtra and the Development Control and Promotion Regulations (DCPR), 2034 for Greater Mumbai.
The proposed revisions aim to strengthen the regulations governing development and building permits, ensure compliance with fire safety measures, and address risks from various man-made and natural disasters. Aditya Pratap, the petitioner's advocate, claimed that the city's authorities had shamefully approved numerous residential and commercial buildings without proper fire safety measures, potentially leading to accidents.
In response, the government's Additional Government Pleader (AGP) Jyoti Chavan said the finalisation process might be delayed due to the code of conduct for the upcoming elections. Chavan presented a letter dated 7 October from a UDD official stating that the file was ready and awaiting final approval. Referring to the Chembur fire incident, the bench noted that such incidents should not be considered isolated and must draw the attention of all concerned. The court had previously expressed the expectation that the final notification would be issued within two months when passing the order in July this year.
The bench voiced its dissatisfaction, stating that, given the urgency of the matter, it had hoped the final notification would be issued by 9 October, within two months of the July order. AGP Chavan sought time to consult with officials after the court verbally warned that it might summon the Additional Chief Secretary or Principal Secretary of the UDD to appear before it. The bench granted her request but warned of serious consequences if necessary actions were not taken. The next hearing was scheduled for Friday, 11 October.
In conclusion, the court's firm stance highlights the urgency of addressing fire safety concerns in Mumbai's vulnerable buildings, particularly in light of recent tragedies. With the state government under scrutiny for delays, the pressure is mounting to finalise regulations that could potentially prevent further disasters. The upcoming hearings will be crucial in determining whether the authorities will take immediate, decisive action to safeguard lives or face the consequences of continued inaction.
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