Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Urban Development: Delhi Fire Service Rules 2010: rr. 27 33 34 to 37 40 and 42 28 39 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | 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 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 1983Delhi 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. |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2022 INSC 824 |
Petitioner | Vikas Singh |
Respondent | Govt. Of Nct Of Delhi & Ors |
SCR | [2022] 7 S.C.R. 833 |
Judgement Date | 2022-08-11 |
Case Number | 5244 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |