Supreme Court of India
VIKAS SINGHversusGOVT. OF NCT OF DELHI & ORS
- Citation
- 2022 INSC 824
- Decided
- 11 August 2022
- Disposal
- Case Partly allowed
- Bench
- INDIRA BANERJEE
Holding
A residential building of up to 17.5 metres with stilt parking is not a high‑rise building under the amended Master Plan and Unified Building Bye‑laws, so fire‑service clearance under Rule 27 is not mandatory.
Summary
Vikas Singh, the owner of a residential plot in Delhi, obtained a building plan sanction in July 2013 for a 15‑metre structure including a stilt. After the Delhi Master Plan was amended in September 2013 to allow buildings up to 17.5 metres with stilt parking and to treat such structures as non‑high‑rise, Singh applied for a revised plan of 16.6 metres in January 2014. The South Delhi Municipal Corporation (SDMC) refused to sanction the revised plan pending fire‑service clearance, prompting Singh to file a writ petition challenging the refusal and seeking amendment of Rule 27(2) of the Delhi Fire Service Rules. The High Court dismissed the petition; the Supreme Court held that, under the amended Master Plan and the Unified Building Bye‑laws, the building is not a high‑rise and therefore fire‑service clearance is not mandatory. Consequently, the High Court’s order was set aside, and SDMC was directed to decide the revised plan within the stipulated time.
Issues considered
- The building’s height of 16.6 metres with a stilt parking makes it a high‑rise or not under the amended Master Plan and Unified Building Bye‑laws.
- Whether fire‑service clearance under Rule 27 of the Delhi Fire Service Rules is mandatory for the revised building plan.
- Whether Rule 27(2) of the Delhi Fire Service Rules should be amended to conform to the Master Plan.
- The jurisdiction of the Delhi Fire Service Act and its rules vis‑à‑vis the Delhi Development Act and the Master Plan.
Legislation cited
- Delhi Development Acts. 2(b), s. 2(d), s. 53, s. 53A
- Delhi Development (Master Plan and Zonal Development Plan) Rules
- Delhi Fire Service Act, 2007s. 2(b), s. 2(s), s. 32, s. 33, s. 34, s. 35
- Delhi Fire Service Rules, 2010s. 27, s. 28, s. 33, s. 34, s. 35, s. 42
- Delhi Municipal Corporation Acts. 330-A
- New Delhi Municipal Council Act
- Unified Building Bye‑laws for Delhi, 2016
Subjects
building planfire clearancehigh‑rise buildingDelhi Fire Service RulesUnified Building Bye‑lawsMaster Plan amendmentmunicipal corporationfire safetyRule 27civil appeal
Judgment
[2022] 7 S.C.R. 833 833
VIKAS SINGH A
v.
GOVT. OF NCT OF DELHI & ORS.
(Civil Appeal No. 5244 of 2022)
AUGUST 11, 2022 B
[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
C
(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, D
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
E
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: F
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
G
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
H
833
834 SUPREME COURT REPORTS [2022] 7 S.C.R.
A 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
B
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
C 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
D 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
E 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
F 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]
G
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
H
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 835
15 metres would necessarily have to be construed as height more A
than 15 metres without stilt parking or excluding the height of
stilt parking within the limits as prescribed. [Para 73][888-G]
1.3. Building bye-laws have been defined in Section 2(c) to
mean bye- laws made under the Delhi Cantonment Act, 1924,
the Delhi Municipal Corporation Act 1957, the New Delhi B
Municipal Council Act, 1994 or the regulations made under sub-
section (1) of Section 57 of the Delhi Development Act, 1957 or
the bye-laws made by the Central Government by publication in
the Official Gazette, relating to buildings in Delhi. The prevalent
bye-laws and in particular 1.3.3 of the Unified Building Bye-Laws
issued by the DDA makes it amply clear that the words and C
expressions used in the bye-laws would have the same meaning
or sense as in the DD Act. Bye-law 1.3.3 makes it absolutely
clear that all Master Plan/Development Control Regulations
regarding use, coverage, F.A.R., set-backs, open spaces, height,
number of storeys, number of dwelling units, parking standards D
etc. for various categories of buildings including modifications
therein made from time to time shall be applicable mutatis-
mutandis to the Building Regulations. In view of the Master Plan
read with building bye-laws, high rise building/multi-storeyed
building would mean a building taller than 15 meter without stilt
or 17.5 metre with stilt. [Para 82][890-C-F] E
1.4. “Multi-storeyed building” is defined in Section 2(s) of
the Fire Service Act to mean a building with such minimum height,
as may be prescribed under the rules in this behalf, and notified
to the Director by the local authority. “local authority” has been
defined in Section 2(q) of the Fire Service Act to mean the Delhi F
Cantonment Board established under the Cantonment Act, 1924,
the Delhi Development Authority, the Municipal Corporation of
Delhi, the New Delhi Municipal Council Act or any other Authority
under any other law which might be notified in this behalf by the
Central Government or the Government, as the case may be. G
[Para 83][890-G-H]
1.5. In the absence of any specific prescription of height in
terms of Section 2(s) of the Delhi Fire Service Act or notification
H
836 SUPREME COURT REPORTS [2022] 7 S.C.R.
A to the Director, the Master Plan read with the applicable Building
Bye-laws, is to be deemed the prescribed height notified in terms
of Section 2(s). The prescribed height is deemed to be height
not exceeding 15 meters without parking stilt and/or excluding
the height of the stilt parking, upto the maximum limit permitted.
[Para 84][891-A-B]
B
1.6. Rule 27(2) which reads Residential Buildings (other
than hotels and guest houses) having height more than 15 meters
or having ground plus four upper storeys including mezzanine
floor, has to be construed as residential building having height
more than 15 meters excluding stilt. It is implicit in the Fire Safety
C Rules that only buildings with stilt parking, exceeding 17.5 meters
in height, would be considered as high rise building and/or multi-
storeyed building.[Para 85][891-C]
1.7 The prayers in the Writ Petition filed in the High Court
for amendment of Rule 27 of the Fire Service Rules are
D misconceived. There are no cogent grounds of challenge to Rule
27 of the Fire Service Rules. Height prescriptions differ from
place to place, based upon in depth study and consideration of all
relevant factors. There could be no question of this Court
directing the Lieutenant Governor of the National Capital
E Territory of Delhi to amend Rule 27. What is required is a
meaningful purposive construction of Rule 27, in the light of the
DD Act and the applicable Building Bye-laws read with the Master
Plan, as amended. The challenge to Rule 27(2) was misconceived.
It is also well settled that orders in the nature of Mandamus
directing a rule making authority to amend Rules is not granted
F by the High Court in proceedings under Article 226 of the
Constitution. The High Court rightly rejected the challenge to
the said Rule, however erred in dismissing the Writ Petition
without granting any relief to the appellant. [Paras 86, 96, 97][891-
D-E; 898-A-B]
G 1.8 There can be no doubt that any construction has to
conform to regulations made in the larger interest of the
inhabitants of the city, to protect environment, prevent fire,
prevent accidents, provide for essential amenities etc. There can
also be no doubt that regulatory provisions for construction
H activities are in public interest. At the same time a building which
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 837
is not a high rise building as per the applicable rules or regulation A
cannot be compelled to comply with fire prevention and fire safety
regulations applicable to high rise buildings. [Paras 91, 92][897-
B-C]
1.9 The appellant had got a plan sanctioned from the MCD
on 15.07.2013. At that time the height of the building permissible B
under Bye-laws was 15 metres which included the stilt, which
had been made mandatory. Upon amendment of the Master Plan
by Notification dated 23.09.2013 published on 21.10.2013
maximum height of the building was prescribed as 15 metres
without stilt parking and 17.5 metres with stilt parking. After the
amendment, the Master Plan provides that buildings up to 15 C
metres without stilt parking and 17.5 metres with stilt parking
are not be to considered as high rise and for the purpose of fire
and life safety requirements, clearance of Fire Department was
to be obtained by the individual plot owner. The appellant was
entitled in law to take advantage of the amended Master Plan for D
Delhi and he accordingly applied to SDMC for sanction of revised
plan on 20.01.2014. The revised plan was referred to the Delhi
Fire Service Authorities by SDMC on 22.01.2014. [Para 93][897-
C-F]
1.10. Under clause 8.0 of the Unified Building Bye-Laws E
for Delhi 2016, clearance from Delhi Fire Service is mandatory
only for High Rise Building. The Building of the appellant, under
construction is not a High Rise Building. Clearance from the Delhi
Fire Service is therefore, not mandatory for sanction of the
Revised Building Plan submitted by the appellant. There can be
no doubt that the appellant must comply with safety requirements F
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. [Para
94, 95][897-F-H]
1.11. Admittedly the building in question does not exceed G
17.5 meter with parking stilt. Height exceeding 15 meter to
qualify as high rise building must be construed as height
exceeding 15 meter without stilt parking and/or excluding the
permissible height of stilt parking as per the building regulations
H
838 SUPREME COURT REPORTS [2022] 7 S.C.R.
A read with the Master Plan of Delhi. The building in question is
not a high rise building. [Para 98][898-C]
1.12. Irrespective of whether fire clearance is mandatory
in respect of the buildings, which are not high rise, it is open to
the SDMC to get clearance from the fire service authorities to
B ensure that fire safety measures are not contravened. However,
fire clearance is granted subject to compliance of minimum
standards for fire prevention and fire safety in respect of the kind
of occupancy as provided in the building bye-laws and/or the
National Building Code of India. Provisions of Building
Regulations and/or Bye-laws and/or National Building Code, not
C applicable to high rise buildings are not attracted in the case of
the building in question. [Para 99][898-D-E]
1.13. The Fire Service Authorities can only ensure that the
buildings comply with fire safety requirements, if any, applicable
to residential buildings, which do not fall within the ambit of high
D rise buildings. The submission that the Fire Service Authorities
do not have ladders of adequate length to tackle outbreak of fire
in buildings exceeding 15 meter is fallacious and cannot be ground
to deny the owner of property, the right to carry out construction
at his property, in accordance with the applicable building laws,
E read with the Master Plan for Delhi, and thereby deprive the
owner of his right to effectively utilise his property. [Paras 100,
101][898-F-G]
1.14 There is no prohibition on construction of buildings
exceeding 15 meters in height. The dispute is with regard to
F classification of the buildings- Whether such buildings are to be
classified as high rise and subjected to specific Rules and
Regulations applicable to high rise buildings. The difference in
height is only about 4/5 feet. The height is well within 17.5 meter
with stilt parking as provided in the Master Plan. If the Delhi
Fire Service Department does not have ladders to tackle fire in
G buildings exceeding 15 meters even by a few feet, existing
buildings exceeding 15 Meters in height and their inhabitants
are doomed. It is preposterous to even think that multi-storeyed
buildings would be left to their own fire fighting facilities and their
H
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 839
own existing staircase in case of outbreak of fire. The argument A
seems preposterous. If the Fire Service authorities do not have
adequate fire fighting equipment, they would necessarily have to
acquire the same in the interest of the people.[Para 102][898-H;
899-A-C]
1.15. The Court need not go into the question of whether B
any clearance of the Fire Service Authorities is at all necessary.
However, in view of the amendment to the Master Plan for Delhi
2021, as amended in September, 2013 by S.O. No. 678(E) dated
4th March 2014, 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 multistoried building. C
[Para 103][899-C-D]
1.16. SDMC cannot keep sanction of the Revised Building
Plan submitted by the Appellant, way back in January, 2014, in
abeyance indefinitely. Nor can sanction be rejected on the ground
of non-compliance of fire service requirements applicable to D
multi-storied/high rise buildings. A decision with regard to
sanction has to be taken within the time stipulated in Clause 2.3.1
of the Unified Building Bye-laws. Under Clause 2.3.3(b) of the
Unified Building Bye-laws, approval/refusal of agencies, such as
Delhi Fire Service must be intimated within 15 days, or the time E
stipulated in Chapter III of the Unified Building Bye-Laws,
whichever is earlier. A decision has to be taken by the Fire Service
Authorities within a maximum period of 15 days. It hardly need
be mentioned that in case of refusal, reasons are mandatory, for
compliance with principles of natural justice. It may however, be
open to the SDMC to obtain the opinion of the Fire Service F
Authorities. It is made clear that objections would not be raised
on the sole ground of non-compliance of rules not applicable to a
residential building which is not a high rise building. A decision
shall immediately be taken on the application for sanction of
Revised Plan submitted on 14th January 2014 in the light of the G
observations made, keeping in view the timelines stipulated in
Clause 2.3.1 of the Unified Building Bye-laws. [Para 104][899-E-
H]
1.17. The SDMC may in its discretion seek clearance from
the Fire Service Authority, but such clearance shall not be withheld H
840 SUPREME COURT REPORTS [2022] 7 S.C.R.
A on the ground of noncompliance of requisites applicable to high
rise buildings, or on the frivolous ground of unavailability of
ladders of adequate size to carry out inspection. If no views are
expressed within the time as stipulated in the Unified Building
Bye-laws and in particular Clause 2.3.3 thereof, clearance will be
deemed to have been granted. [Para 105][900-A-B]
B
1.18 The impugned order rejecting the Revised Building
Plan is set aside and quashed. [Para 106][900-C]
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5244
of 2022.
C From the Judgment and Order dated 20.01.2016 of the High Court
of Delhi at New Delhi in Writ Petition (C) No.1476 of 2014.
A. D. N. Rao, (Amicus Curiae)
Nidhesh Gupta, Sr. Adv., Ms. Deepika Kalia, Kapish Seth, Ms.
D Pallavi Singh, Mrityunjay Singh, Ms. Priyanka Khosla, Ms. Kanika Chugh,
Nimish Seth, Lakshmi Raman Singh, Advs. for the Appellant.
Ms. Aishwarya Bhati, K.M. Nataraj, ASGs, V. Balaji, Raghavendra
S. Srivastava, Ms. Poornima Singh, Ms. Manisha Chava, Ms. Priyanka
Das, G.S. Makker, B. V. Balaram Das, Vishnu B. Saharya, Viresh B.
Saharya, Akshat Agarwal for M/s. Saharya & Co., Ms. Vandana Sehgal,
E
Amrish Kumar, Advs. for the Respondents.
The Judgment of the Court was delivered by
INDIRA BANERJEE J.
1. Leave granted.
F
2. This appeal is against a judgment and order dated 20 th January
2016, passed by a Division Bench of the High Court of Delhi, dismissing
the Writ Petition being W.P.(C) No.1476 of 2014 filed by the Appellant,
against the failure and/or refusal of South Delhi Municipal Corporation
(SDMC) to sanction a revised plan, submitted by the Appellant, in respect
G of a residential building at C-319, Defence Colony, New Delhi-110024,
and seeking consequential reliefs, including orders/directions setting aside
Rule 27(2) of the Delhi Fire Service Rules 2010 and orders/directions,
commanding the Respondents to amend the said rule.
H
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 841
[INDIRA BANERJEE J.]
3. The High Court, however, directed that the Appellant would be A
entitled to apply to the SDMC for regularisation of his construction at
the premises in question.
4. By a registered deed of conveyance dated 15th January 2013,
the Appellant purchased premises No.C-319, Defence Colony, New
Delhi- 110024, with a view to construct a residential building thereat. B
The Appellant is the owner of the said premises.
5. Soon thereafter, the Appellant applied to the SDMC for sanction
of a building plan for construction of a building at the said premises, in
accordance with the Development Code of Master Plan and the Building
Bye-laws 1983. The height of the building was shown as 15 meters C
including the stilt, as permissible as per the Building Bye-laws 1983,
being the building regulations prevailing at the material time.
6. The building plan submitted by the Appellant was duly sanctioned
on 15th July 2013. However about two months later, the Ministry of
Urban Development (Delhi Division) amended the Master Plan for Delhi D
by a notification dated 23rd September 2013, which was published in
the Official Gazette on 21st October 2013. Thereafter, the Appellant
applied for sanction of a Revised Building Plan. The Revised Building
Plan has not been sanctioned.
7. The Delhi Development Act 1957, hereinafter referred to as E
the “DD Act”, was enacted by Parliament for the development of Delhi,
according to plan and for matters ancillary thereto.
8. ‘Building’ is defined in Section 2(b) of the DD Act to include
“any structure or erection or part of a structure or erection which is
intended to be used for residential, industrial, commercial or other F
purposes, whether in actual use or not.”
9. Section 2(d) of the DD Act defines ‘development’ as follows:-
“2(d) “development” with its grammatical variations means the
carrying out of building, engineering, mining or other operations
in, on, over or under land or the making of any material change in G
any building or land and includes redevelopment.”
10. Some of the relevant provisions of the DD Act are set out
hereinbelow for convenience: -
H
842 SUPREME COURT REPORTS [2022] 7 S.C.R.
A “7. Civic survey of, and master plan for Delhi.—(1) The
Authority shall, as soon as may be, carry out a civic survey
of, and prepare a master plan for, Delhi.
(2) The master plan shall—
(a) define the various zones into which Delhi may be
B divided for the purposes of development and indicate
the manner in which the land in each zone is proposed
to be used (whether by the carrying out thereon of
development or otherwise) and the stages by which
any such development shall be carried out; and
C (b) serve as a basic pattern of frame-work within which
the zonal development plans of the various zones may
be prepared.
(3) The master plan may provide for any other matter which
is necessary for the proper development of Delhi.
D
***
11-A. Modifications to plan.—(1) The Authority may make
any modifications to the master plan or the zonal development
plan as it thinks fit, being modifications which, in its opinion,
do not effect important alterations in the character of the plan
E
and which do not relate to the extent of land-users or the
standards of population density.
….
(7) Any reference in any other Chapter, except Chapter III, to
F the master plan or the zonal development plan shall be
construed as a reference to the master plan or the zonal
development plan as modified under the provisions of this
section.
12. Declaration of development areas and development of
G land in those and other areas.—
…
(3) After the commencement of this Act no development of
land shall be undertaken or carried out in any area by any
person or body (including a department of Government)
H unless,—
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 843
[INDIRA BANERJEE J.]
(i) where that area is a development area, permission for A
such development has been obtained in writing from the
Authority in accordance with the provision of this Act;
(ii) where that area is an area other than a development
area, approval of, or sanction for, such development has
been obtained in writing from the local authority concerned B
or any officer or authority thereof empowered or
authorised in this behalf, in accordance with provisions
made by or under the law governing such authority or
until such provisions have been made, in accordance with
the provisions of the regulations relating to the grant of
permission for development made under the Delhi (Control C
of Building Operations) Act, 1955 (53 of 1955), and in
force immediately before the commencement of this Act:
Provided that the local authority concerned may subject to
the provisions of Section 53-A amend those regulations in
their application to such area. D
13. Application for permission.—(1) Every person or body
(including a department of Government) desiring to obtain
the permission referred to in Section 12 shall make an
application in writing to the Authority in such form and
containing such particulars in respect of the development to E
which the application relates as may be prescribed by
regulations.
…
(3) On the receipt of an application for permission under sub- F
section (1), the Authority after making such inquiry as it
considers necessary in relation to any matter specified in
clause (d) of sub-section (2) of Section 8 or in relation to any
other matter, shall, by order in writing, either grant the
permission, subject to such conditions, if any, as may be
specified in the order or refuse to grant such permission: G
Provided that before making an order refusing such
permission, the applicant shall be given a reasonable
opportunity to show cause why the permission should not be
refused.
H
844 SUPREME COURT REPORTS [2022] 7 S.C.R.
A (4) Where permission is refused, the grounds of such refusal
shall be recorded in writing and communicated to the applicant
in the manner prescribed by regulations.”
***
53. Effect of other laws.—(1) Nothing in this Act shall affect
B the operation of the Slum Areas (Improvement and Clearance)
Act, 1956 (6 of 1956).
(2) Save as otherwise provided in sub-section (4) of section
30 or sub-section (8) of section 31 or sub-section (1) of this
section, the provisions of this Act and the rules and regulations
C made thereunder shall have effect notwithstanding anything
inconsistent therewith contained in any other law.
(3) Notwithstanding anything contained in any such other law—
(a) when permission for development in respect of any land
D has been obtained under this Act such development shall not
be deemed to be unlawfully undertaken or carried out by
reason only of the fact that permission, approval or sanction
required under such other law for such development has not
been obtained;
(b) when permission for such development has not been
E
obtained under this Act, such development shall not be deemed
to be lawfully undertaken or carried out by reason only of
the fact that permission, approval or sanction required under
such other law for such development has been obtained.
53A. Restriction on power of a local authority to make rules,
F
regulations or bye-laws in respect of certain matters.—(1)
Notwithstanding anything contained in any law for the time
being in force, no rule, regulation or bye-law shall be made
or amended by a local authority in respect of matters specified
in sub- section (2) unless the Authority, upon consideration
G of such rule, regulation or bye- law, certifies that it does not
contravene any of the provisions of the Master Plan or the
Zonal Development Plan.
(2) The matters referred to in sub-section (1) are the following,
namely:—
H
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 845
[INDIRA BANERJEE J.]
(a) water supply, drainage and sewage disposal; A
(b) erection and re-erection of buildings, including grant
of building permissions, licences and imposition of
restrictions on use and sub-division of buildings;
(c) sub-division of land into building sites, roads and
lanes, recreational sites and sites for community B
facilities; and
(d) development of land, improvement schemes, and
housing and rehousing schemes.
*** C
58. Laying of rules and regulations before Parliament.- Every
rule and every regulation made under this Act shall be laid,
as soon as may be after such rule or regulation is made, before
each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session D
or in two or more successive sessions, and if, before the expiry
of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making
any modification in the rule or regulation, or both Houses
agree that the rule or regulation should not be made, the rule
or regulation shall, thereafter, have effect only in such E
modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done
under that rule or regulation.”
11. The Delhi Development Authority (DDA) was constituted by F
the Central Government in 1957, by a notification issued in the Official
Gazette under Section 3(1) of the DD Act.
12. In exercise of powers conferred by sub-section (1) of Section
56 of the DD Act read with Clauses (e), (g) and (r) of sub-section (2) of
the aforesaid Section, the Central Government made the Delhi G
Development (Master Plan and Zonal Development Plan) Rules, 1959
(hereinafter referred to as “MP&ZD Rules). Some of the relevant
provisions of the MP&ZD Rules are as follows:-
“3. Civic Survey. - The civic survey to be carried out by the
Authority may include survey and analysis of the physical, H
846 SUPREME COURT REPORTS [2022] 7 S.C.R.
A economic and sociological features of Delhi, with reference to
natural resources distribution of a population, industry,
communications, housing requirements and such other matters as
in the opinion of the Authority, relate to the development of Delhi.
4. Form and contents of Master Plan. –
B …..
(3) The draft master plan may include all or any of the following:
…
(b) “a land use plan” based upon such survey of the present use
C of land as may be necessary as well as analysis of estimated
future needs and consisting of comprehensive proposals for the
most desirable utilisation of land such as land agricultural,
government, commercial, industrial, residential, cultural, educational,
recreational, transportation and other activities;
D …
(d) “a public utilities plan” consisting of proposals for
provision of water, electricity, drainage and disposal of
sewage and refuse;
(e) “a housing plan” consisting of estimates of housing
E requirements and proposals relating to standards of new
housing units;
5. Public Notice regarding preparation of Master Plan. - (1)
As soon as may be after the draft master plan has been
prepared, the Authority shall publish a public notice stating
F that -
(a) the draft Master Plan has been prepared and may be
inspected by any person at such time and place may be
specified in those notice;
G (b) suggestions and objections in writing, if any, in respect
of the draft master plan may be filed by any person with
the secretary of the Authority within 90 days from the date
of first publication of the notice.
Provided that where the Central Government considers it
expedient so to do for the purpose of maintenance of public
H
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 847
[INDIRA BANERJEE J.]
order or in case of any exigency likely to affect the interest A
of the public it may require such suggestions and objection
to be filed within in period of three days from the date of
the notice.
(2) This notice may be in Form A appended to these rules
without modification with such modification as may be B
necessary.
6. Mode of Publication of Public Notice. - The Authority shall
cause the said notice to be published in the manner prescribed
by section 44 of the Act and may also cause it to be published
in the Official Gazette. C
…
11. Preparation of final draft Master Plan and its submission
to Central Government. - The Authority shall, after
considering the report of the Board and any other matter it
thinks fit, finally prepare the master plan and submit it to the D
Central Government for its approval.
12. Amendment of Master Plan. - The Authority may amend
the whole or any part of the master plan, if necessary, at the
expiry of every five years in accordance with the procedure
prescribed by the Act and these rules as if the proposed E
amendment were new master plan.
Provided that if the Authority is of opinion that having regard
to the circumstances prevailing at any particular time it is
necessary so to do, it may amend the master plan or any part
thereof at any time prior to the expiry of the said period, in
F
accordance with the aforesaid procedure…”
13. By a notification being S.O. 141(E), New Delhi, dated
7th February 2007 published in the Gazette of India, Extraordinary, Part
II Section 3 sub-section (ii), the Central Government approved the Master
Plan for Delhi with the perspective for the year 2021. The Master Plan
has from time to time been amended/modified. The Master Plan regulates G
and/or controls the construction of buildings including residential premises
in the National Capital Territory of Delhi.
14. By an S.O. 2894(E) dated 23rd September 2013, sub clause
(iii) of para 4.4.3A of the Master Plan for Delhi was modified and/or
amended to read:- H
848 SUPREME COURT REPORTS [2022] 7 S.C.R.
A “(iii). Maximum height of the building shall be 15m in plots
without stilt parking and 17.5m in plots with stilt parking. Such
residential building shall not be considered as high-rise building.
For the purpose of fire and life safety requirements, clearance
of Fire Department will be obtained by the individual plot
owner.”
B
15. Before amendment/modification by S.O.2894/(E) dated
23rd September 2013, sub-clause (iii), provided that the maximum height
of the building in all plots was to be 15 meters. Clause 4.4.3A (iii) as
framed, read “Height: The maximum height of the building in all plots
must be 15 metres”. After the amendment as aforesaid, Clause
C 4.4.3A(iii) provides that maximum height of a building shall be 15 meters,
in plots without stilt parking and 17.5 meters in plots with stilt parking.
Such residential building shall not be considered as high-rise building.
For the purpose of fire and life safety requirements, clearance of Fire
Department will be obtained by the individual plot owner.
D 16. Sub-clause (vii) of Clause 4.4.3A of the Master Plan reads:-
“(vii) Stilts: If the building is constructed with stilt area of non-
habitable height(less than 2.4 m), used for parking, such stilt
area shall not be included in FAR but would be counted towards
the height of the building.”
E
17. Sub-clause (vii) clarifies that the stilt would be counted towards
the height of the building for the purpose of measuring the total height of
the building, but would not be included in the FAR (Floor Area Ratio), if
of non-habitable height. An owner of a building with stilt parking, for
example, cannot claim exclusion of the height of the stilt for the purpose
F of computing the maximum height of 17.5 Meters. The stilt of non-
habitable height would not make any difference to the F.A.R. required
to be maintained.
18. Chapter 17.0 of the Master Plan provides for a Development
Code to promote quality of built environment, by organising the most
G appropriate development of land, in accordance with the development
policies and land use proposals contained in the Plan.
19. Clauses 3(11), 3(12) and 3(13) of Chapter 17.0 of the Master
Plan in relation to sanction of plans are set out hereinbelow for
convenience:-
H
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 849
[INDIRA BANERJEE J.]
“3(11) Layout Plans / Site Plans and Building plans shall be A
approved by the Local Bodies and Authority in their areas of
jurisdiction.
3(12) Authority / Local Body(s) shall be empowered after
levying penalty to compound deviations from limits of
coverage/ FAR to the extent of 5% of the permissible coverage B
and FAR, subject to maximum of 13.5 sqm. in building(s) /
premises at the time of considering the completion / occupancy
certificate. In Group Housing schemes and Public & semi-
public facilities, 5% FAR beyond permissible FAR can be
compounded by the authority / Local Body at the time of
considering the completion/occupancy certificate. C
3(13) Wherever required, the Technical Committee of the DDA
shall formulate policy guidelines for the sanctioning of local
area plans, layout plans, comprehensive schemes, re-
development schemes, urban renewal schemes and multi-
storeyed buildings in all land use categories. The Technical D
Committee shall be empowered to call for the plans from the
development organisations / Local Bodies and would give
directions / recommendations wherever necessary.”
20. Clause 8(7)(a) of Chapter 17.0 of the Master Plan defines
High Rise Buildings as follows:- E
“8(7)(a) Buildings taller than 15m. (without stilt) and
17.5 m. (including stilt) in all use zones will be considered
as a High Rise Buildings.”
21. Chapter XVI of the Delhi Municipal Corporation Act, 1957 F
(hereinafter referred to as the “DMC Act” contains regulatory provisions
for erection/ re-erection of buildings. The provisions of the DMC Act
regulating the erection of buildings does not specify any specific height
for buildings.
22. Section 330-A of the DMC Act incorporated with effect from
G
01.10.1993 provides that the Commissioner is to exercise his powers
and discharge his functions under the chapter, under the general
superintendence, direction and control of the Central Government. Some
of the relevant sections of the said chapter are set out herein below for
convenience.
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850 SUPREME COURT REPORTS [2022] 7 S.C.R.
A 331. Definition.—In this Chapter, unless the context otherwise
requires, the expression “to erect a building” means—
(a) to erect a new building on any site whether previously
built upon or not;
(b) to re-erect.—
B
(i) any building of which more than one-half of the cubical
contents above the level of the plinth have been pulled down,
burnt or destroyed, or
(ii) any building of which more than one-half of the superficial
C area of the external walls above the level of the plinth has
been pulled down, or
(iii) any frame building of which more than half of the number
of the posts or beams in the external walls have been pulled
down;
D …
332. Prohibition of building without sanction.—No person
shall erect or commence to erect any building, or execute any
of the works specified in section 334 except with the previous
sanction of the Commissioner, not otherwise than in
E accordance with the provisions of this Chapter and of the
bye-laws made under this Act in relation to the erection of
buildings or execution of works.
333. Erection of building.—(1) Every person who intends to
erect a building shall apply for sanction by giving notice in
F writing of his intention to the Commissioner in such form and
containing such information as may be prescribed by bye-
laws made in this behalf.
(2) Every such notice shall be accompanied by such documents
and plans as may be so prescribed
G 334. Applications for additions to, or repairs of, buildings.—
(1) Every person who intends to execute any of the following
works, that is to say,—
(a) to make any addition to a building;
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VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 851
[INDIRA BANERJEE J.]
(b) to make any alteration or repairs to a building involving A
the removal or re-erection of any external or partly wall
thereof or of any wall which supports the roof thereof to an
extent exceeding one-half of such wall above the plinth level,
such half to be measured in superficial feet;
(c) to make any alteration or repairs to a frame building B
involving the removal or re-erection of more than one-half of
the posts in any such wall thereof as aforesaid; or involving
the removal or re-erection of any such wall thereof as aforesaid
to an extent exceeding one-half of such wall above plinth
level, such half to be measured in superficial feet;
C
(d) to make any alteration in a building involving—
(i) the sub-division of any room in such building so as to convert
the same into two or more separate rooms, or
(ii) the conversion of any passage or space in such building
into a room or rooms; D
(e) to repair, remove, construct, reconstruct or make any
addition to or structural alteration in any portion of a building
abutting on a street which stands within the regular line of
such street;
(f) to close permanently any door or window in an external E
wall;
(g) to remove or reconstruct the principal staircase or to alter
its position; shall apply for sanction by giving notice in
writing of his intention to the Commissioner in such form
and containing such information as may be prescribed by F
bye-laws made in this behalf.
(2) Every such notice shall be accompanied by such
documents and plans as may be so prescribed.
335. Conditions of valid notice.—(1) A person giving the notice
required by section 333 shall specify the purpose for which it G
is intended to use the building to which such notice relates;
and a person giving the notice required by section 334 shall
specify whether the purpose for which the building is being
used is proposed or likely to be changed by the execution of
the proposed work.
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852 SUPREME COURT REPORTS [2022] 7 S.C.R.
A (2) No notice shall be valid until the information required
under sub-section
(1) and any further information and plans which may be
required by bye- laws made in this behalf have been furnished
to the satisfaction of the Commissioner along with the notice.
B 336. Sanction or refusal of building or work.—(1) The
Commissioner shall sanction the erection of a building or the
execution of a work unless such building or work would
contravene any of the provisions of sub-section
(2) of this section or the provisions of section 340.
C
(2) The grounds on which the sanction of a building or work
may be refused shall be the following, namely:—
(a)that the building or work or the use of the site for the
building or work or any of the particulars comprised in the
D site plan, ground plan, elevation, section or specification
would contravene the provisions of any bye-law made in this
behalf or of any other law or rule, bye-law or order made
under such other law;
(b) that the notice for sanction does not contain the particulars
or is not prepared in the manner required under the bye-
E
laws made in this behalf;
(c) that any information or documents required by the
Commissioner under this Act or any byelaws made thereunder
has or have not been duly furnished;
F (d) that in cases falling under section 312, lay-out plans have
not been sanctioned in accordance with section 313;
(e) that the building or work would be an encroachment on
Government land or land vested in the Corporation;
(f) that the site of the building or work does not abut on a
G street or projected street and that there is no access to such
building or work from any such street by a passage or pathway
appertaining to such site.
(3) The Commissioner shall communicate the sanction to the
person who has given the notice; and where he refuses
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[INDIRA BANERJEE J.]
sanction on any of the grounds specified in sub-section (2) A
or under section 340 he shall record a brief statement of his
reasons for such refusal and communicate the refusal along
with the reasons therefor to the person who has given the
notice.
(4) The sanction or refusal as aforesaid shall be communicated B
in such manner as may be specified in the bye-laws made in
this behalf.”
23. Some of the relevant sections of the New Delhi Municipal
Council Act, 1994 are set out hereinbelow for convenience:-
“237. Prohibition of building without sanction.—(1) No person C
shall erect or commence to erect any building or execute any
of the works specified in section 239 except with the previous
sanction of the Chairperson not otherwise than in accordance
with the provisions of this Chapter and of the bye-laws made
under this Act in relation to the erection of buildings or D
execution of works….
238. Erection of building.—(1) Every person who intends to
erect a building shall apply for sanction by giving notice in
writing of his intention to the Chairperson in such form and
containing such information as may be prescribed by bye- E
laws made in this behalf.”
***
241.Sanction or refusal of building or work.—(1) The
Chairperson shall sanction the erection of a building or the
execution of a work unless such building or work would F
contravene any of the provisions of sub-section (2) of this
section or the provisions of section 245.
(2) The grounds on which the sanction of a building or work
may be refused shall be the following, namely:—
(a) that the building or work or the use of the site for the G
building or work or any of the particulars comprised in
the site plan, ground plan, elevation, section or
specification would contravene the provisions of any bye-
law made in this behalf or of any other law or rule, bye-
law or order made under such other law; H
854 SUPREME COURT REPORTS [2022] 7 S.C.R.
A (b) that the notice for sanction does not contain the
particulars or is not prepared in the manner required under
the bye-laws made in this behalf;
(c) that any information or documents required by the
Chairperson under this Act or any bye-laws made
B thereunder has or have not been duly furnished;
(d) that in cases falling under section 216, lay-out plans
have not been sanctioned in accordance with section 217;
(e) that the building or work would be an encroachment
on Central Government or Government land or land vested
C in the Council;
(f) that the site of the building or work does not abut on a
street or projected street and that there is no access to
such building or work from any such street by a passage
or pathway appertaining to such site;
D
(g) that the land on which it is proposed to erect or re-erect
such building is vested in the Central Government or
Government or in the Council, and the consent of the
Government concerned or, as the case may be, of the
Council has not been obtained, or if the title of the land is
E in dispute between such person and the Council or any
Government, or for any other reason, to be communicated
in writing to the person, which is deemed to be just and
sufficient as effecting such building.
(3) The Chairperson shall communicate the sanction to the
F person who has given the notice; and where he refuses
sanction on any of the grounds specified in sub-section (2)
or under section 245 he shall record a brief statement of his
reasons for such refusal and the Chairperson shall
communicate the refusal alongwith the reasons therefore to
the person who has given the notice.
G
(4) The sanction or refusal as aforesaid shall be
communicated in such manner as may be specified in the bye-
laws made in this behalf.
242. When building or work may be proceeded with.—(1)
H Where within a period of sixty days or in cases falling under
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 855
[INDIRA BANERJEE J.]
clause (b) of section 236 within a period of thirty days, after A
the receipt of any notice under section 238 or section 239 or
of the further information, if any, required under section 240,
the Chairperson does not refuse to sanction the building or
work or upon refusal, does not communicate the refusal to
the person who has given the notice, the Chairperson shall
B
be deemed to have accorded sanction to the building or work
and the person by whom the notice has been given shall be
free to commence and proceed with the building or work in
accordance with his intention as expressed in the notice and
the documents and plans accompanying the same:
Provided that if it appears to the Chairperson that the site of C
the proposed building or work is likely to be affected by any
scheme of acquisition of land for any public purpose or by
any proposed regular line of a public street or extension,
improvement, widening or alteration of any street, the
Chairperson may withhold sanction of the building or work D
for such period not exceeding three months as he deems fit
and the period of sixty days or as the case may be, the period
of thirty days specified in this sub-section shall be deemed to
commence from the date of the expiry of the period for which
the sanction has been withheld.
E
(2) Where a building or work is sanctioned or is deemed to
have been sanctioned by the Chairperson under sub-section
(1), the person who has given the notice shall be bound to
erect the building or execute the work in accordance with
such sanction but not so as to contravene any of the provisions
of this Act or any other law or of bye-law made thereunder. F
(3) If the person or anyone lawfully claiming under him does
not commence the erection of the building or the execution of
the work within one year of the date on which the building or
work is sanctioned or is deemed to have been sanctioned, he
shall have to give notice under section 238 or, as the case G
may be, under section 239 for fresh sanction of the building
or the work and the provisions of this section shall apply in
relation to such notice as they apply in relation to the original
notice.
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856 SUPREME COURT REPORTS [2022] 7 S.C.R.
A (4) Before commencing the erection of a building or execution
of a work within the period specified in sub-section (3), the
person concerned shall give notice to the Chairperson of the
proposed date of the commencement of the erection of the
building or the execution of the work:
B Provided that if the commencement does not take place within
seven days of the date so notified, the notice shall be deemed
not to have been given and a fresh notice shall be necessary
in this behalf.
***
C 251. Completion certificates.—(1) Every person who employs
an architect registered with the Council or an architects or
an engineer or a person approved by the Chairperson to
design or erect a building or execute any work shall, within
one month after the completion of the erection of the building
D or execution of the work, deliver or send or cause to be
delivered or sent to the Chairperson a notice in writing of
such completion accompanied by a certificate in the form
prescribed by bye-laws made in this behalf and shall give to
the Chairperson all necessary facilities for the inspection of
such building or work.
E
(2) No person shall occupy or permit to be occupied any such
building or use or permit to be used any building or a part
thereof effected by any such work until permission has been
granted by the Chairperson in this behalf in accordance with
bye-laws made under this Act:
F
Provided that if the Chairperson fails within a period of thirty
days after the receipt of the notice of completion to
communicate its refusal to grant such permission, such
permission shall be deemed to have been granted.”
24. In exercise of the powers conferred under sub-section (1) of
G
Section 57 of the DD Act, the DDA has from time to time, with previous
approval of the Central Government, made Rules and/or Regulations
and/or Building Bye-laws.
25. By a Notification No. S.O. 513 dated 26th February 1959
published in the Gazette of Indian Part II Section 3(ii) dated 7th March
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VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 857
[INDIRA BANERJEE J.]
1959, the DDA adopted the Building Regulations. The Regulations were A
amended by a Resolution No. 229 dated 1st May 1965. By S.O. No.104,
dated 23rd June 1983, DDA published the Buildings Bye-laws 1983, being
the Building Bye- laws in force when the Appellant applies for sanction
of the Building Plan.
26. Section 53 of the DD Act gives an overriding effect to the B
DD Act over other laws except the Slum Areas (Improvement and
Clearances) Act 1956. The provisions of the DD Act and the Rules and
Regulations framed thereunder which would include the Master Plan
and Building Bye-laws would have effect, notwithstanding anything to
the contrary in any other law.
C
27. In exercise of the powers conferred under sub-section (1) of
Section 57 of the DD Act, the DDA made the Unified Building Bye-
laws for Delhi, 2016, which became applicable to National Capital of
Territory of Delhi. The Bye-laws of 1983 stood superseded by the
Unified Building Bye-laws for Delhi, 2016.
D
28. Some of the relevant provisions of the Unified Building Bye-
laws for Delhi are set out below:-
“1.1 Jurisdiction
These Unified Building Bye-Laws shall be applicable to the
area under jurisdiction of the Delhi Development Authority E
and concerned local bodies.
1.2 Applicability
These building byelaws shall be applicable to all building
activities and read in conjunction with specific notifications
F
in respect of urban villages/rural villages, unauthorized
regularized colonies and for special areas with regard to
regularized resettlement colonies (as mentioned in Chapter
6- Regulations Notified by Delhi Development Authorities).
These Bye-laws 6 shall be reviewed at the end of every five
years. The system of implementation of these building byelaws G
shall be uniform in the Delhi Development Authority and all
the concerned local bodies.
1.3 Information
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858 SUPREME COURT REPORTS [2022] 7 S.C.R.
A 1.3.1 In these bye-laws, unless the context otherwise requires
the definition given below, under clause 1.4 shall have the
meaning indicated against each term.
1.3.2 The words and expressions not defined in these bye-
laws shall have the same meaning or sense as in Delhi
B Development Act, 1957 and Master Plan for Delhi.
1.3.3 All mandatory Master Plan/ Development Control
Regulations regarding use, coverage, FAR, set-backs, open
spaces, height, number of stories, number of dwelling units,
parking standards etc., for various categories of buildings,
C including modifications therein, made from time to time, shall
be applicable mutatis-mutandis in the building Regulations
under this clause. All amendments/ modifications made in
these Regulations will automatically be included as part of
these Unified Building Bye-Laws.
D Note: - Extract relating to Development Control Regulations/
provisions are reproduced from Master Plan for
Delhi.(Chapter 5 and Annexure VI of this document).
1.3.4 All documents such as Acts, Notifications, Rules &
Regulations including BIS Codes, National Building Codes,
E Delhi Fire Service Rules, Indian Electricity Rules, etc. referred
in these Building Bye-Laws shall be applicable as amended
from time to time. Thus for the current status for any legal,
official purpose, the amended provisions issued by the
concerned Ministry/departments(s) shall be followed.
F ***
1.4.15 Building:
Any structure for whatsoever purpose and whatsoever material
constructed and every part thereof whether used as human
habitation or not and includes foundation, plinth walls, floors,
G roofs, chimneys, and building services, fixed platforms,
verandahs, balcony, or projection part of a building anything
affixed thereto or any wall enclosing or intended to enclose
any land or space and signs and outdoor display structures,
monuments, memorials or any contrivance of permanent
nature/stability built under or over ground.
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VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 859
[INDIRA BANERJEE J.]
1.4.16 Building Height: A
a. The vertical distance in the case of flat roofs is measured
from the highest surrounding road level/ ground level up to
the top of structural slab, excluding machine room,
irrespective of location of entry level.
b. In the case of pitched roofs, up to the point where the B
external surface of the outer wall intersect the finished
surface of the sloping roof, and in case of gable facing the
road, the mid-point between the eaves level and the ridge.
c. Architectural features serving no other function except that
of decoration and other building components mentioned in C
clause no 7.19 shall be excluded for the purpose of taking
height.
d. If the building does not abut on a street, the height shall be
measured from the highest level of the ground immediately
adjacent to the building. D
1.4.17 Building Line:
The line up to which the plinth of a building adjoining a
street or an extension of a street or on a future street may
lawfully extend. It includes the lines prescribed in the MPD
E
or specifically indicated in any Scheme or Layout Plan, or
in these Bye-Laws.
1.4.18 Built up Area:
The area covered by a building on all floors within the premise,
used for activities or use, including cantilevered portion, F
basement, stilt/podium, utility, services, mezzanine floors (if
any), other similar areas.
***
1.4.60 High Rise:
G
Any buildings of 15m and above height shall be considered
as high rise building
***
1.4.72 Master Plan:
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860 SUPREME COURT REPORTS [2022] 7 S.C.R.
A The Master Plan for Delhi approved by the Central
Government under the Delhi Development Act. 1957 and the
amendments made from time to time.
***
1.4.75 Occupancy Or Use Group:
B
The principal occupancy for which a building or a part of a
building is used or intended to be used, for the purposes of
classification of a building according to the occupancy, an
occupancy shall be deemed to include subsidiary occupancies
which are contingent upon it. The occupancy classification
C shall have the meaning given below unless otherwise spelt
out in MPD.
a. Residential Buildings: These shall include any building in
which sleeping accommodation is provided for normal
residential purposes with or without cooking or dining or
D both facilities. It includes one or two or multi-family dwellings,
lodging or rooming houses, dormitories/hostels, apartment
houses and flats and hotels.
***
1.4.111 Stilt:
E
Stilt or stilt floor means non habitable portion of a building
above ground level consisting of structural columns
supporting the super structure with at least two sides open
for the purpose of parking cars, scooters, cycles and
landscaping. See 7.15.1.
F
***
1.4.118 To Erect:
To erect a building means: To erect a new building on any
site whether previously built upon or not; To re-erect any
G building of which portions above the plinth level have been
pulled down, burnt or destroyed; and conversion from one
occupancy to another.
***
H
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 861
[INDIRA BANERJEE J.]
1.6 Pre-Code Building Permit A
Where any building permit which has been issued by the
concerned local body before the commencement of these
Building Bye-Laws and where construction is in progress and
has not been completed within the specified period from the
date of such permit, the said permission shall be deemed to B
be sanctioned under these Bye-Laws and shall only be eligible
for revalidation thereunder. Accordingly, where the validity
of sanction has expired and construction has not commenced,
construction shall be governed by the provisions of these
Building Bye-Laws.
C
1.7 Development and Construction
1.7.0 Except hereinafter or otherwise provided, these Bye-
Laws shall apply to all development, redevelopment, erection
and/or re-erection of a building etc. as well as to the design,
construction of, or reconstruction and additions and D
alterations to a building.
1.7.1 Development permission: No person shall carry out any
development or redevelopment including sub-division on any
plot or land (not forming part of any approved layout plan
or scheme) or cause to be done without obtaining approval E
from the Sanctioning Authority for the Layout Plan.
1.7.2 Building Permit: No person shall erect, re-erect or make
addition/ alterations in any building or cause the same to be
done without, first obtaining a separate building permit for
each such building from the Sanctioning Authority F
1.8 Grievance Redressal Committee for Building Bye-laws
In DDA and all the concerned local bodies who implement
these building bye- laws, there shall be a Grievance Redressal
Committee for building bye laws which shall be headed by a
senior officer of the concerned local body who shall receive G
complaints/ difficulties/ appeals and provide appropriate
redressal in a time bound manner. The above committee shall
comprise of:
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862 SUPREME COURT REPORTS [2022] 7 S.C.R.
A a. An officer of the concerned local body not below the level
of Director/Sr. Architect/Superintendent Engineer or
equivalent.
b. A senior officer of DDA not below the level of Director/Sr.
Architect or equivalent.
B c. Three representatives from the profession, one each from
architecture, engineering and town planning, to be nominated
by Lieutenant Governor of Delhi.
d. Any other official/ professional may be co-opted if required.
C This committee shall be constituted by the chief executive/
head of the Sanctioning Authority and shall have a term of 3
years after which, it shall be reconstituted with a change of
members. If the authority/ local body so desires, some or all
the members may continue.
D This committee shall meet regularly, at least once a month
and consider the grievances/ appeals/ queries regarding
sanction, completion, interpretation etc. of these bye laws and
codes, etc. The decision of this committee shall be final and
binding in all matters related to interpretation of these building
bye- laws. All decisions taken by this committee shall be
E recorded in minutes of the meeting and place on the website
of the concerned authority/local body. All grievances/ appeals
shall be in the form of an application. Fees if any shall be
decided by the authority/concerned local body.
***
F
2.3 Grant of Sanction of Building Plan or Refusal
2.3.1 Application for sanction of building plan shall be
submitted to the sanctioning authority. The sanctioning
authority may either grant or refuse the sanction or may
sanction them with modifications or directions as it may deem
G necessary and thereupon shall communicate its decision to
the owner/ applicant within the time limit stipulated in Chapter
3 for various categories of buildings specified therein or
within 30 days of receipt of application, whichever is less,
digitally signed as per proforma given in Form B-1.
H
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 863
[INDIRA BANERJEE J.]
2.3.2 Sanction of building plan includes new case of sanction, A
revised sanction, sanction of addition/ alteration and shall
be governed by prevailing norms at the time of application.
2.3.3 Approval/ NOC from external agencies
(a) In cases, where the building plan requires approval/ NOC
from agencies outside the sanctioning authority such as Delhi B
Fire Services, Delhi Urban Art Commission, Airports Authority
of India, Delhi Pollution Control Committee, Heritage
Conservation Committee, Department of Forest, Department
of Labour, National Monuments Authority, Chief Inspector
of Factories, Director General of Explosives, etc., the C
sanctioning authority shall issue the building permit only after
getting such approval/ NOC from the concerned agency.
(b) The approval/NOC/refusal shall be issued by the outside
agency within 15 days or within the time stipulated in Chapter
3, whichever is less; failing which the approval/NOC of the D
outside agency on the building plan shall be deemed to be
issued. The sanctioning authority shall process the
application for building permit accordingly.
(c) All such external agencies shall prepare Colour Coded
Zonal Maps (CCZM) with information on the specific area E
where their approval/ NOC is required. These agencies shall
place these maps on their website and also on the websites of
the sanctioning authority directly or through a link.
Example: DMRC grants NOC only to such buildings which
fall within 11 m from the boundary of their operational area. F
DMRC shall make a colour-coded zonal map of their regulated
area available on their website directly and through a link on
the websites of all sanctioning authority.
(d) These external bodies shall prepare a Standard Operating
Procedure (SOP) explaining all the details regarding the areas
G
for which their approval/ NOC is required, the requirements
to be met for such approval/ NOC, the procedure to be followed
by the person(s) applying for the sanction of the building
plan and how such person(s) can find whether a building
lies within the agency’s area of regulations or not. These
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864 SUPREME COURT REPORTS [2022] 7 S.C.R.
A agencies shall place the SOP on their website and also on the
website of sanctioning authority directly or through a link.
The SOP shall be simple and clear with illustration(s).
Note: For applicability of Environmental Conditions, See 3.2.
***
B
2.3.4 Deemed Sanction:
(a) If the sanctioning authority fails to intimate the owner/
applicant, of its refusal or sanction or any intimation, within
the time limit stipulated in bye- law 2.3.1, the building plan
C shall be deemed to have been sanctioned. However, the deemed
sanctioned building plan shall be released only after the owner/
applicant informs the sanctioning authority about the deposit
of requisite fees and charges, as applicable.
(b) Deemed Sanction shall not be construed to authorize any
D person to do anything in contravention or against the terms
of lease or titles of the land or against MPD, any regulations,
bye-laws, ordinance, etc.
2.3.5 In case the owner/ applicant fails to remove all the
shortcomings communicated by the sanctioning authority,
within 15 days from the date of receipt of such communication,
E
the application shall be rejected and the building permit fees
shall be forfeited. The same shall be conveyed to the owner/
applicant accordingly.
2.3.6 In case of any intimation of shortcomings made by the
sanctioning authority/ statutory body to the owner for
F
compliance; the time period for sanction of building plan for
various categories of buildings, as specified in byelaw 2.3.1,
shall be counted from the date of the receipt of the last
communication/ submission made by the owner/ applicant.
2.3.7 In case the sanctioning authority rejects the application,
G the applicant can resubmit the application for sanction of
building plan along with the building permit fees again.
2.4 Validity of Building Permit
2.4.1 The building permit shall remain valid for five years from
H the date of its issue subject to the condition that construction
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 865
[INDIRA BANERJEE J.]
work at site shall start within one year from the date of A
sanction of building plan.
2.4.2 No building activity can be carried out after the expiry
of validity of building permit.
…
B
2.4.4 Procedure for Revalidation of Building Permit
(a) The building permit can be revalidated for a period in
multiples of year not exceeding 5 years at a time, from the
date of expiry of the validity of the original permit on payment
of building permit fees for revalidation (as per Annexure III). C
Application for such revalidation shall be submitted along
with the following documents; In case of change of ownership
or expiry of time for construction in case of leasehold
properties, ownership documents for updated ownership as
prescribed in bye-law.
D
(b) The application for revalidation shall be processed and
revalidation or objection, if any, shall be communicated within
period stipulated in Chapter 3 or 30 days from the date of the
application, whichever is less.
2.7.4 Approval/ NOC from external agencies
E
(a) In cases, where the issue of OCC requires approval/ NOC
from agencies outside the sanctioning authority such as Delhi
Fire Services, Delhi Urban Art Commission, Delhi Jal Board,
Heritage Conservation Committee, etc., the sanctioning
authority shall issue the OCC only after getting such approval/
F
NOC from the concerned agency.
(b) The approval/ NOC/ refusal shall be issued by the outside
agency within 15 days of receipt of the application or within
the time stipulated in Chapter 3, whichever is less; failing
which the approval/ NOC of the outside agency on the building
plan shall be deemed to be issued. The sanctioning authority G
shall process the application for OCC accordingly
…
2.8 Regularisation
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866 SUPREME COURT REPORTS [2022] 7 S.C.R.
A Any building or part thereof constructed unauthorisedly with
or without obtaining the sanction of building plan and/or
OCC, can be regularised, if the same is within the ambit of
BBL and MPD provisions by paying requisite fees and
charges as per Annexure III & Annexure IV, as per Form D-3.
B …
2.11 Construction to be in conformity with building bye-laws.
Owners’ liability: Neither granting of permission nor approval
of the buildings and specifications, nor the inspection by the
sanctioning authority during erection of the building, shall
C in any way relieve the owner of such building from full
responsibility for carrying out the work in accordance with
the building bye-laws and in case of any violation, the owner
shall be liable for action under the extant law.
3.1 RISK BASED CLASSIFICATION FOR APPROVAL OF
D BUILDING PLANS
3.1.0 FAST TRACK APPROVAL PROCEDURE
(i) For the buildings classified as Very Low Risk and Low
Risk, the fast track procedure for approval of building plans
has been specified, wherever applicable, under the bye-laws
E
3.1.1 onwards.
(ii) For buildings classified as Moderate Risk, the time limit
for grant/ refusal of sanction of building plan, OCC or
revalidation of building permit shall be 20 days.
F (iii) For buildings classified as High Risk, the time limit for
grant/ refusal of sanction of building plan, OCC or
revalidation of building permit shall be 30 days.
3.1.1 RESIDENTIAL BUILDINGS
3.1.1.1 For approval of the residential plotted and group
G housing buildings, risk based classification shall be as per
Table 3.1.
H
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 867
[INDIRA BANERJEE J.]
Table 3.1: Risk Matrix for Residential buildings A
(Residential Plotted* and Group Housing)
Different
B
if any)
C
*Residential plotted includes all residential plots forming a
part of approved layout/ special areas/ unauthorized
regularized colony/ village abadis/ lal dora & extended lal
dora resettlement colonies and slum & JJ cluster/
D
Rehabilitation colonies; excluding those within LBZ.
**Different sizes for Group Housing prescribed in MPD-2021.
3.1.1.2 Fast Track Procedure: The fast track procedure for
approval of the residential plotted and group housing
buildings, based on their risk based classification as per bye- E
law 3.1.1.1, shall be as follows:
(i) For the buildings categorized as Very Low Risk, the process
prescribed in Chapter 4 shall be followed.
(ii) For the buildings categorized as Low Risk, an architect/
engineer (qualification and competence as per Annexure-I) F
shall be empowered to issue the building permit, but only after
submitting the plan along with requisite documents and fees
to the authority/local body. If the owner/ architect/ engineer
desires to get the building plan sanctioned by the local body,
building plans prepared by a qualified architect/ engineer G
will have to be submitted to the authority/ local body along
with the fees and other requisite documents and the local body
shall grant the building permit within 10 days.
…
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868 SUPREME COURT REPORTS [2022] 7 S.C.R.
A 7.1 Space Requirement for Different Parts of Residential
Building of Different Size of Dwelling Units
7.1.1 Main Building: The plinth or any part of a building or
outhouse shall be so located with respect to highest
surrounding road level from site / ground level irrespective of
B location of the entry level so that adequate drainage of the
site is assured.
7.1.2 Interior Courtyards, Covered Parking Spaces and
Garages: These shall be satisfactorily drained either by
gravity or by mechanical means.
C 7.1.3 Minimum Size, Width and height of different components
of residential premises, low/high rise as given below in Table
7.1.
…
D 7.15 Provision of parking in Stilts, Podium and Landscaping
7.15.1 In case a building is to be constructed on individual
plot with stilt floor, a minimum 2.4m height at soffit level of
beam and maximum 2.7m height at soffit level of slab for
providing parking space is permitted. In podium(s), minimum
2.4m height at soffit level of beam and maximum 2.7m height
E
at soffit level of slab for providing parking space can be
constructed in continuation of the stilt floor having access
for the parking without conflicting with the access requirement
as per clause 2.0.4.j.iv and 8.2 from the plot line. The terrace
of podium may be used for plantation, swimming pool,
F landscaping, other related structures and parking/entrance
and exits as required.
7.15.2 In case of provision of stack-parking in stilt floor, the
heights prescribed in 7.15.1 for stilt floor may be relaxed.
However, in case of stack parking the height shall be as per
G design and structural safety requirement.
…
Notes: 1. Shear wall/ bracing/ any other structural provision
as per IS 1893 (Part 1), IS 13920, IS 4326 may be provided
to reduce impact of soft storey in the stilt area.
H
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 869
[INDIRA BANERJEE J.]
8.0 High Rise A
Any buildings of 15m and above height shall be considered
as high rise building. For the buildings categorized as High
Rise, clearance from Delhi Fire Service shall be mandatory.
These provisions shall be in addition to the general building
requirements (low/ high) given in Chapter 7 of this document B
and structural safety given in Chapter 9.
9.3 Fire Safety
The building plans for buildings covered under Rule 27 of
Delhi Fire Service Rules shall be marked fire and life safety
measures as per the National Building Code of India C
concerning minimum standards for fire prevention and fire
protection as covered under Rule 33 of the Delhi Fire Service
Rules as amended from time to time; unless otherwise specified
in these bye –laws.
9.3.1. Fire Escape Staircase D
(a). Fire Escape will be an additional external stair case
and shall not to be taken in to account for calculating the
evacuation of the occupants of a specific floor. It shall not
be inclined at an angle greater than 45º from the horizontal.
(b). All fire escapes shall be continuous from ground to terrace. E
(c). Entrance to fire escape shall be separate and remote
from the internal staircase. 86 (d). The route and enclosure
to fire escape shall be free of obstructions at all times, except
a doorway leading to the fire escape which shall have the
required fire resistance. (refer NBC Part 4). €. Fire escape F
shall be constructed of non-combustible materials of required
fire resistance (refer NBC Part 4). Unprotected steel frame
staircase will not be accepted as fire escape .(f). Handrails
shall be as per Chapter 11. (g). Scissors staircase can also
be used as fire escape subject to the condition that the two
entrances to the scissors staircase are not less than 9.0 m G
apart. (h). In case the provision is for a single staircase, the
same shall be separated at the ground floor level to have an
access to the basement (if provided).(i). The staircase
enclosure if on external wall of the building shall be ventilated
to atmosphere at each landing or in case it is in the core of
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870 SUPREME COURT REPORTS [2022] 7 S.C.R.
A the building it shall be maintained at a positive pressure as
mentioned in NBC part IV, Fire and Life Safety, with both
automatic and manual operation facilities and fire alarm
systems.(j). Fire escape staircases shall have straight flight
not less than 1.5 m wide with 30 cm treads and risers not
more than 15 cm. The number of risers shall be limited to 12
B
per flight. (k). Spiral stairs can be used subject to, the use of
spiral staircase shall be limited to low occupant load and to a
building of height 9.0 m. further a spiral fire escape shall not
be less than 1.5 m in diameter and shall be designed to
adequate head room.”
C 29. The Delhi Fire Service Act 2007 (hereinafter referred to as
“Delhi Fire Service Act”) was enacted by the Legislative Assembly of
the National Capital Territory of Delhi, to provide for maintenance of a
fire service and to make more effective provisions for fire prevention
and fire safety measures in certain buildings and premises in the National
D Capital Territory of Delhi and matters connected therewith.
30. Section 2(b) of the Delhi Fire Service Act defines ‘building’ to
mean “any structure whether of masonry bricks, woods, mud, metal
or other materials and includes a house, out-house, basement,
underground parking, stable, latrine, urinal, shed, hut or wall (other
E than a boundary wall)”
31. Sub-section (c) of Section 2 of the Delhi Fire Service Act
defines ‘building bye-laws’ to mean “the bye-laws made under Section
186 of the Cantonments Act, 1924 (2 of 1924) or the bye-laws made
under Section 349-A of the Delhi Municipal Corporation Act, 1957
F (66 of 1957) or the bye-laws made under sub-section (2) of Section
260 of the New Delhi Municipal Council Act, 1994 (44 of 1994) or
the regulations made under sub-section (1) of Section 57 of the
Delhi Development Act, 1957 (61 of 1957), or the bye-laws made
by the Central Government by publication in the official Gazette,
relating to buildings in Delhi”.
G
32. Section 2(i) of the Fire Services Act defines “fire prevention
and fire safety measures” to mean “such measures as are necessary
in accordance with the building bye-laws/National Building Code of India
for the containment, control and extinguishing of fire and for ensuring
the safety of life and property in case of fire and as may be prescribed
H in the rules made in this behalf”.
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 871
[INDIRA BANERJEE J.]
33. Sub-section (s) of Section 2 defines “multi-storeyed building” A
to mean “a building with such minimum height as may be prescribed
under the rules in this behalf, and notified to the Director by the local
authority”. It does not appear that any height has been prescribed by
any local authority and notified to the Director of the Delhi Fire Service
in terms of Section 2(s) of the Delhi Fire Service Act.
B
34. Chapter VI of the Delhi Fire Services Act makes special
provisions for Fire Protection and Fire Safety Measures in certain buildings
and premises in Delhi.
35. Sections 32 to 35 contained in chapter VI are set out
hereinbelow for convenience: C
“32. Special provision for multistoreyed building.—
Notwithstanding anything to the contrary contained in this Act,
the multistoreyed buildings shall be governed by the provisions for
the fire prevention and fire safety measures hereinafter stipulated.
33. Inspection of buildings, premises, etc.—(1) The nominated D
authority may, after giving three hours notice to the occupier,
or if there be no occupier, to the owner of any building having
such height as may be specified by rules framed under this
Act or premises, enter and inspect the said building or premises
at any time between sunrise and sunset where such inspection E
appears necessary for ascertaining the adequacy or
contravention of fire protection and fire safety measures:
Provided that the nominated authority may enter into and
inspect any building or premises at any time if it appears to it
to be expedient and necessary to do so in order to ensure F
safety of life and property.
(2) The nominated authority shall be provided with all possible
assistance by the owner or occupier, as the case may be, of
the building or premises for carrying out the inspection under
sub-section (1).
G
(3) When any building or premises used as a human dwelling
is entered under sub-section (1) due regard shall be paid to
the social and religious sentiments of the occupiers; and,
before any apartment in the actual occupancy of any women
who, according to the custom does not appear in public, is
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872 SUPREME COURT REPORTS [2022] 7 S.C.R.
A entered under sub-section (1), notice shall be given to her
that she is at liberty to withdraw, and every reasonable facility
shall be afforded to her for withdrawing.
34. Measures for fire prevention and fire safety.—(1) The
nominated authority shall, after the completion of the
B inspection of the building or premises under Section 33 record
its views or the deviations from or the contravention of the
building bye-laws with regard to the fire prevention and fire
safety measures and the inadequacy of such measures
provided therein with reference to the height of the building
or the nature of activities carried on in such building or
C premises and issue a notice to the owner or occupier of such
building or premises directing him to undertake such measures
as may be specified in the notice.
(2) The nominated authority shall also give a report of any inspection
made by it under Section 33 to the Director.
D
35. Provision regarding certain building and premises.—(1)
Notwithstanding anything contained in any other law for time
being in force the Director or the nominated authority may
enter and inspect any building, the construction of which was
completed on or before the commencement of this Act or any
E building which was under construction on such date in such
inspection appears necessary for ascertaining the adequacy
of fire prevention and fire safety measures in such buildings.
(2) The entry and inspection under sub-section (1) shall be
done by the Director or the nominated authority in the manner
F laid down in Section 33.
(3) The Director or the nominated authority, as the case may
be, shall, after inspection of the building or premises under
sub-section (1), and after taking into consideration.—
(i) the provisions of the building bye-laws in accordance with
G
which the plan of this said building or premises was
sanctioned;
(ii) the conditions imposed, if any, by the local authority at
the time of the sanction of the plan of the said building or
premises; and
H
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 873
[INDIRA BANERJEE J.]
(iii) the minimum standards for fire prevention and fire safety A
measures specified for such building or premises as may be
specified by rules framed under this Act, issue a notice to the
owner or occupier of such building or premises stating therein
the inadequacy in regard to the fire prevention and fire safety
measures in it and direct the owner or occupier to undertake
B
measures for rectifying the said inadequacy within the period
as he may consider just and reasonable.
(4) The nominated authority shall also give a report of any
inspection made by it under sub-section (1) to the Director.
36. In exercise of power conferred by Section 66 of the Delhi C
Fire Service Act, the Lieutenant Governor of National Capital Territory
of Delhi has made the Delhi Fire Service Rules 2010, hereinafter referred
to as the Fire Service Rules.
37. Some of the relevant provisions of the Fire Service Rules are
as follows: D
“27. Classes of occupancies likely to cause a risk of fire.
The following classes of occupancies for the purposes of sub-
section (1) of section 25 of the Act shall be construed to likely
cause a risk of fire, namely:-
E
….
(2) Residential buildings (other than hotels and guest houses)
having height more than 15 meters or having ground plus
four upper stories including mezzanine floor.
(3) Hotels and guest houses having height more than 12 meters F
having ground plus three upper stories including mezzanine
floor.
28. Height of building.
The minimum height of the buildings for the purposes of sub-
section (1) of section 33 and sub-section (1) of section 35 of G
the Act shall be as specified in rule 27.
….
33. Minimum standards for fire prevention and fire safety for
buildings. (1) The minimum standards for fire prevention and
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874 SUPREME COURT REPORTS [2022] 7 S.C.R.
A fire safety for buildings as may be applicable with reference
to the height of the building and class of occupancy for the
purposes of section 32 and section 35 of the Act shall be as
are provided in the building bye-laws or National Building
Code of India 2005 relating to the following matters:-
B (1) Access to building
(2) Number, Width, Type and Arrangement of exits.
(3) Protection of Exits by means of fire check door (s) and or
pressurization.
C (4) Compartmentation.
(5) Smoke Management System.
(6) Fire Extinguishers.
(7) First-Aid Hose Reels.
D (8) Automatic fire detection and alarming system.
(9) MOEFA.
(10) Public Address System.
(11) Automatic Sprinkler System.
E (12) Internal Hydrants and Yard Hydrants.
(13) Pumping Arrangements.
(14) Captive Water Storage for fire fighting.
(15) Exit Signage.
F (16) Provision of Lifts.
(17) Standby power supply
(18) Refuge Area.
(19) Fire Control Room
G
(20) Special Fire Protection Systems for Protection of special
Risks,:
Provided that classes of occupancies or buildings or premises
for which fire prevention and fire safety measures are not
provided in the building bye- laws or National Building Code
H
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 875
[INDIRA BANERJEE J.]
of India 2005, the Director may require owner or occupier of A
such occupancies or buildings or premises to provide fire
prevention and fire safety measures in accordance with
international standards as may be provided by the Fire
Prevention Wing,:
Provided further that where the Government is of the opinion B
that it is necessary or expedient so to do, it may, by order, for
reasons to be recorded in writing, relax or modify or annul
any requirement concerning fire prevention and fire safety
measures under these rules with respect to any class of
occupancy in any building or premises in special areas or in
respect of any building or premises in any area that was C
constructed or which was under construction prior to the date
of enforcement of these rules.
(2) Where the Director is of the opinion that it is necessary or
expedient so to do, it may, for reasons to be recorded in
writing, require the owner or occupier of the buildings or D
premises to provide additional fire prevention and fire safety
measures.
34. Issue of fire prevention and fire safety measures.
(1) On receipt of a reference from the local authority or any E
other statutory authority under clause (s) of section 2 of the
Act the Fire Prevention Wing shall issue fire prevention and
fire safety measures under these rules to be incorporated in
the design of the building for the safety of the occupants.
(2) The Fire Prevention Wing may require the owner or occupier F
to make presentation through Architect (s) on a specified date.
(3) The Fire Prevention Wing shall direct the Architect to modify
the building plans received under sub-rule (1) above to ensure
the compliance of these rules and the architect shall abide by
such instructions failing which building plans are liable for
G
rejection.
(4) The fire prevention and fire safety measures shall be issued
within three weeks from the date of presentation under sub-
rule (2) or modification of building plans as may be required
under sub-rule (3) if any.
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876 SUPREME COURT REPORTS [2022] 7 S.C.R.
A 35. Fire Safety Certificate to be issued.
(1) the Director or any other officer authorized by him in this
behalf by a general or special order shall issue a Fire Safety
Certificate in Form ‘H’ in First Schedule to the owner or
occupier of the building or premises with such conditions as
B may be specified in the Fire Safety Certificate for compliance
of fire prevention and fire safety measures as specified under
these rules.
(2) The application for grant of Fire Safety Certificate shall
be made to the Director in Form ‘I’ in First Schedule and
C shall be accompanied with a certificate from the architect and
owner or occupier that all the fire prevention and fire safety
measures as required under rule 33 have been incorporated
in the building or premises.
(3) On receipt of application under sub-rule (2), the building
D or premises shall be inspected by a team of fire officers to
ascertain the availability and operability of the fire prevention
and fire safety measures who shall recommend to the Director
for grant or refusal of fire safety certificate.
(4) On receipt of the recommendations under sub-rule (3) the
E Director shall grant the fire safety certificate or reject the
same for reasons to be recorded in writing and communicated
to owner or occupier as the case may be.
(5) In case of rejection of application for grant of fire safety
certificate under subrule (4), a fresh application shall be made
F by the owner or occupier under sub-rule (2) duly complying
with the requirements as communicated under sub-rule (4).
(6) The buildings or premises that have already been issued
No Objection Certificate for the occupancy of the building
or premises shall deemed to have been issued Fire Safety
Certificate under rule 35 subject to verification of compliance
G
of fire prevention and fire safety measures on which the No
Objection Certificate was issued on the last occasion.
36. Duration of Fire Safety Certificate.
The Fire Safety Certificate issued under rule 35 unless sooner
H cancelled shall be valid for a period 5 years for residential
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 877
[INDIRA BANERJEE J.]
buildings (other than hotels) and 3 years for non-residential A
buildings including hotels from the date of issue.
37. Renewal of Fire Safety Certificate.
(1) Application for renewal of Fire Safety Certificate granted
under rule 35 as valid under rule 36 shall be made to the
Director in Form ‘I’ in First Schedule along with a copy of B
the Fire Safety Certificate six months before the expiry of the
Fire Safety Certificate.
(2) On receipt of application under sub-rule (1) the Nominated
Authority shall inspect the building or premises to verify the
compliance of rules and forward the report of the compliance C
or otherwise to the Director.
(3) On receipt of report under sub-rule (2) the Director or
any other officer authorized by him in this behalf by a special
or general order renew the Fire Safety Certificate for a period
specified under rule 36 or reject the application duly recording D
the reasons therefor.
39. Time for Completion of measures.
(1) Nominated Authority shall indicate the time not exceeding
90 days within which fire prevention and fire safety measures
E
should be provided as per the requirements of sub-section (1)
of section 34 of the Act.
(2) The Director may review the time allowed by the Nominated
Authority under sub-rule (1) above and grant extension of
time once or several times if he is satisfied with the progress
F
of the work subject to maximum of 180 days.
(3) The Fire Safety Certificate issued under rule 35 shall remain
suspended from the date of notice of the Nominated Authority
issued under sub-rule
(1) till the compliance is made to the satisfaction of the Director G
or the Nominated Authority and this shall be duly recorded
on the Fire Safety Certificate.
(4) The occupancy of the building or premises during the time
allowed for completion of work under sub-rule (1) and sub-
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878 SUPREME COURT REPORTS [2022] 7 S.C.R.
A rule (2) above shall be at the risk and liability of the owner
or occupier.
40. Cancellation of Fire Safety Certificate.
(1) If the owner or occupier fails to comply with the direction
given under rule 39 within the specified time, the Director
B or any other officer authorized by him in this behalf may,
without prejudice to any other action under the Act or rules,
after giving owner or occupier an opportunity to show cause,
why such an order should not be passed by an order in writing
stating the reasons therefor, cancel the Fire Safety Certificate
C issued under rule 35.
(2) The owner or occupier of the building or premises whose
fire safety certificate has been cancelled by the Director or
any other officer authorized by him in this behalf under
subrule (1), may within 90 days of the receipt of a copy of
D the order by him prefer an appeal in the manner laid down
under rule 42 to the Appellate Authority who may after giving
the owner or occupier an opportunity of being heard,
confirm, reverse or modify such order.
42. Appeal.
E (1) An appeal to the Appellate Authority under sub-section
(7) of section 27 or under sub-section
(2) of section 36 of the Act shall be preferred in Form ‘R’ in
First Schedule and shall be accompanied by a copy of order
or notice appealed against and by a fee of Rs. 5,000/- (Rupees
F five thousand only) through a bank draft drawn in favour of
DDO (Headquarters), Delhi Fire Service payable at Delhi.
(2) The appellate authority shall consider all the circumstances
of the case and make such orders as it may deem just and
equitable and his order shall be final.
G (3) The authority which made the order appealed against shall
give effect to the order passed by the appellate authority.
38. As noted above, the Appellant had applied to the SDMC for
sanction of a building plan, for the construction of a building on the said
premises.
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VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 879
[INDIRA BANERJEE J.]
The height of the building was shown as 15 metres, as per the A
building Regulations prevailing then.
39. However, about two months after the building plan submitted
by the Appellant was sanctioned on 15th July 2013, the Ministry of Urban
Development (Delhi Division) amended the Master Plan for Delhi by a
Notification dated 23rd September 2013, which was published in the B
Official Gazette on 21st October 2013.
40. As per the amendment, buildings upto 17.5 metres in height,
with stilt parking, were not to be considered as high rise buildings. The
amendment also required that clearance of the Fire Department would
have to be obtained by the owner of the plot. C
41. According to the Appellant, by the time the Appellant came to
know of the amendment of the Master Plan, the Appellant had
commenced construction in accordance with the building plan as
sanctioned, which depicted the height of the building as 15 metres with
the stilt parking. The stilt as well as the roof of the ground and first D
floors had been casted. Only the second and the third floor roof casting
remained to be done.
42. In terms of the amended Master Plan, the Appellant got a
revised Building Plan prepared, which provided for increase of the height
of the building to 16.6 meters with stilt parking, which was well below E
17.5 meters provided in the amended Master Plan. Admittedly, the building
partly constructed by the Appellant is ground plus three floors. The
Height of the building is 16.6 meters with the parking stilt. If the parking
stilt is excluded the height of the building is well within 15 meters.
43. It is stated that as owner the Appellant was required to obtain F
fire clearance from the Delhi Fire Service Authorities for sanction of the
Revised Building Plan. After preparation of the revised building plan in
accordance with the amended Master Plan, the Appellant had a talk
with the Chief Fire Officer, Delhi over telephone. According to the
Appellant, he had informed the Chief Fire Officer that construction had
been commenced as per the original sanction plan. According to the G
Appellant, the Appellant had been assured that there would be no difficulty
in obtaining fire clearance by reason of increase in the height of the
building by 4 feet.
44. On 20th January 2014, the Appellant submitted the Revised
Building Plan to the SDMC for increase of the height to 16.6 meters by H
880 SUPREME COURT REPORTS [2022] 7 S.C.R.
A increasing the height of the second and third floors by 2 feet each. The
Appellant was, however, informed that the revised building plan could
not be sanctioned until clearance and/or ‘No Objection’ was obtained by
the Appellant from the Fire Service Authorities.
45. The Unified Building Bye-laws apply to all erection and
B reconstruction of buildings by virtue of Clause 1.7.0 thereof. Since the
Revised Building Plan is yet to be sanctioned it will be governed by the
Unified Building Bye-laws. Clause 1.7.2 of the Unified Building Bye-
laws prohibits the erection, addition or alteration of a building, without
obtaining a separate building permit from the Sanctioning Authority. As
per Clause 8.0 of the Unified Building Bye-laws, any building of 15m
C and above is to be considered as a high rise building. When read
harmoniously with Clause 7.15.1 stilt parking upto a maximum height
of 2.7 meters has to be excluded in measuring the height of 15 meters,
for the purpose of Clause 8.0.
46. By virtue of Clause 1.3.3 of the Unified Building Laws,
D extracted hereinbefore, the provisions of the Master Plan of Delhi, inter
alia, regarding height or use of buildings are applicable to the Building
Regulations mutatis mutandis. All amendments to the Master Plan would
automatically be included as part of the Unified Building Regulations.
47. The provisions of the Unified Building Regulations are statutorily
E required to be construed harmoniously with the Master Plan of Delhi.
Section 53A of the DD Act expressly provides that no Rule, Regulation
or Bye-law is to be made by any local authority, unless the authority,
upon consideration of the Rule, Regulation or Bye-law certifies that it
does not contravene the Master Plan. The phrase ‘buildings of 15m and
F above, are to be considered as high rise buildings’, is to be construed to
mean that buildings of 15m and above excluding the height of stilt parking,
or without stilt parking are to be considered as high rise buildings. We
are informed that Stilt parking is mandatory now.
48. The Appellant had also entered into correspondence with the
G Government suggesting amendment of Rule 27 of the Fire Services
Rules to bring the same in conformity with the Master Plan, as amended
by the Notification dated 23rd September 2013.
49. The Appellant states that the Appellant had to take loan of
Rs.20 Crores from the bank for construction of the building and had to
pay instalments of Rs.20 lakhs per month for repayment of the loan,
H
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 881
[INDIRA BANERJEE J.]
inclusive of interest. However, the Appellant had to stop the ongoing A
construction and follow up with the department of fire service, seeking
approval/clearance. The revised building plan was not being sanctioned
for want of fire clearance.
50. On or about 28 th February 2014, the Appellant filed the
abovementioned Writ Petition being W.P. (C) No.1476/2014 in the High B
Court of Delhi, inter alia, challenging Rule 27 of the Fire Services Rules
and seeking amendment of the Rules to bring the same in conformity
with the Master Plan.
51. In the Writ Petition, the Appellant prayed for the following
reliefs:- C
“a. Issue appropriate writ, order or direction setting aside Rule
27(2) of the Delhi Fire Service Rules as the same does not
incorporate the amendment as provided in the Delhi Master
Plan vide notification dated 23.09.2013 and is isolative of
Article 14 of the Constitution of India. D
b. Issue appropriate writ order or direction commanding the
Respondents to amend the Rule 27 of the Delhi Fire Service
Rules so as to align the same in accordance with the amended
master plan, that is, by providing for measurement of the height
of the building from the ground level in the case of building E
without stilt and the case of building with stilt from the stilt
level.
c. Direct the South Delhi Municipal Corporation to approve the
revised plan of the Petitioner as submitted by the Petitioner
on 20th January, 2014. F
d. Make the said order absolute after hearing the parties.
e. Pass such other order/orders, which may deem fit and proper
in the facts and circumstances of the case and in the interest
of justice.”
52. Soon after the Appellant filed the Writ Petition, the Master G
Plan was amended further as under:-
“building taller than 15 meters (without stilt) and 17.5 meters
(including stilt) in all south zone will be considered as high rise
building”
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882 SUPREME COURT REPORTS [2022] 7 S.C.R.
A 53. Mr. Nidhesh Gupta, learned Senior Counsel appearing on behalf
of the Appellant submitted that the purpose of the amendment was to
clarify that individual owners of residential buildings up to 17.5 meters
including stilt would not fall within the regulatory regime of the Delhi
Fire Service.
B 54. A counter affidavit has been filed on behalf of the Delhi Fire
Service, contents whereof are briefly summarised hereinafter:-
(i) National Capital Territory of Delhi is governed by the Master
Plan of Delhi under the DD Act.
(ii) The Master Plan may be modified or amended by the
C Central Government in accordance with Section 11A of the
DD Act to meet the requirements of urban development.
(iii) DDA is the nodal statutory agency to prepare and finalize
the Master Plan.
D (iv) Direction and implementation of the Master Plan of the
building bye- laws rests with local bodies such as DDA,
Municipal Corporation of Delhi, New Delhi Municipal
Council.
(v) Amendment of the Fire Service Rules is within the exclusive
domain of Legislature of the National Capital of Delhi.
E
55. In the counter affidavit, it is stated that fire safety clearance
of buildings is issued by the Fire Service Department under Rule 35 of
the Fire Service Rules in respect of buildings identified under Rule 27.
Fire clearance is required in respect of :-
F (1) Pandal having seating capacity more than 50 persons
or covered area more that 50 square meters.
(2) Residential buildings (other than hotels and guest
houses) having height more than 15 meters or having
ground plus four upper stories including mezzanine
G floor.
(3) Hotels and guest houses having height more than 12
meters having ground plus three upper stories including
mezzanine floor.
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VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 883
[INDIRA BANERJEE J.]
(4) Educational buildings having height more than 9 meters A
or having ground plus two upper stories including
mezzanine floor.
(5) Institutional buildings having height more than 9 meters
or having ground plus two upper stories including
mezzanine floor. B
(6) All Assembly buildings.
(7) Business buildings having height more than 15 meters
or having ground plus four upper stories including
mezzanine floor.
C
(8) Mercantile buildings having height more than 9 meters
or having ground plus two upper stories including
mezzanine floor.
(9) Industrial buildings having covered area on all floors
more than 250 square meters. D
(10) Storage buildings having covered area on all floors
more than 250 square meters. 13
(11) All Hazardous buildings having covered area on all
floors more than 100 square meters.
(12) Underground Structures. E
56. Rule 27 of the Fire Service Rules lists the classes of
occupancies which are to be construed as likely to cause risk of fire.
They include residential buildings (other than hotels and guest houses)
having height of more than 15 meters or having ground plus four storeys
including mezzanine floor. F
57. Mr. Gupta submitted that it is nobody’s case that the building
of the Appellant has Ground plus four upper storeys. It is submitted that
the building has ground plus three storeys. The entire controversy in this
case revolves around the height of the building, which is well within 17.5
meters but above 15 meters, with stilt parking. G
58. Mr. Vishnu B. Saharya, learned counsel appearing on behalf
of Respondent No. 3, submitted that the buildings which are within 15
meters in height do not require any fire service clearance. The question
is whether buildings within 15 meters excluding the maximum permissible
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884 SUPREME COURT REPORTS [2022] 7 S.C.R.
A height of stilt parking can be denied sanction, on the ground of want of
fire clearance from the Fire Service Authority.
59. Ms. Aishwarya Bhati, learned Additional Solicitor General,
appearing for the Delhi Government and the Fire Service Authorities
submitted a compilation of documents to indicate the grounds on which
B the Fire Service Authorities had objected to the building plan. The Fire
Service Authorities contended that the matter had been examined in the
light of Gazette Notification dated 23 rd September 2013, issued by the
Government of India which stated that the maximum height of the
building shall be 15 meters in plots without stilt parking and 17.5 meter in
plots with stilt parking and that such residential buildings shall not be
C
construed as high rise buildings for the purpose of fire and life safety
requirements and clearance of Fire Department would be obtained by
the original owner.
60. According to the fire service authorities, on compliance of the
minimum standards for fire prevention and fire safety in respect of the
D
various kinds of occupancy specified above, fire clearance is granted.
The minimum standards for fire prevention and fire safety of buildings
are as provided in the Building Bye-Laws and/or the National Building
Code of India relating to :-
E (1) Access to building
(2) Number, Width, Type and Arrangement of exits.
(3) Protection of Exits by means of fire check door (s) and
or pressurization.
F (4) Compartmentation.
(5) Smoke Management System.
(6) Fire Extinguishers.
(7) First-Aid Hose Reels.
G
(8) Automatic fire detection and alarming system.
(9) MOEFA.
(10) Public Address System.
H (11) Automatic Sprinkler System.
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 885
[INDIRA BANERJEE J.]
(12) Internal Hydrants and Yard Hydrants. A
(13) Pumping Arrangements.
(14) Captive Water Storage for fire fighting.
(15) Exit Signage.
B
(16) Provision of Lifts.
(17) Standby power supply
(18) Refuge Area.
(19) Fire Control Room C
(20) Special Fire Protection Systems for Protection of special
Risks,:
61. In this case, it is a matter of record that the application of the
Appellant for revised building plan has been rejected on the sole ground
D
that the Appellant had not removed the lacunae pointed out by the Fire
Service Authorities.
62. The provisions of Part 4 of the National Building Code of
India relating to fire and life safety requirements applies to all high rise
buildings and special buildings specified in clause 1.2(b) of Part 4 of the
E
National Building Code of India. The requirements have no application
to residential buildings which are not high rise buildings.
63. The Fire Service Authorities also observed that the provisions
of fire safety clearance and provisions for arrangements such as open
spaces, alternate staircase, internal road, 6 meters wide surrounding the F
building etc. were vital from the point of view of life safety considerations.
These arrangements are applicable to multi-storeyed and/or High Rise
Buildings.
64. The Fire Service Authorities contend that buildings beyond
15 meters in height irrespective of the type occupancy, pose different G
challenges in rescue and firefighting operations. The fire protection
requirement in respect of residential buildings is set forth in a Table
being annexure R-1 to the counter affidavit which is reproduced
hereinbelow”:-
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886 SUPREME COURT REPORTS [2022] 7 S.C.R.
A “Annexure-RI
COMPARISON OF FIRE PROTECTION REQUIREMENTS:
RESIDENTIAL BUILDINGS-APARTMENT HOUSES
B
C
D
E
F
G
H
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 887
[INDIRA BANERJEE J.]
65. It is stated that the Fire Service Authorities are in a dilemma A
as the notification of 23rd September 2013 clarifies that residential
buildings with stilt parking having height of 17.5 meters or less, shall not
be considered as high rise buildings, but the notification does not clarify
whether it shall be out of the ambit of fire safety requirements of open
spaces, alternate staircase, etc. that are mandatory for buildings having
B
height of 15 meters or more.
66. Having made the aforesaid observations, the Chief Fire Officer
kept approval on hold on the following grounds :
“1. All around 6 meters motorable road for fire tender
movement was not provided around the building as per C
Clause 11.3(d) of the Building Bye- Laws 1983/4.6(b)
of NBC Part 3
2. Alternate staircase was not provided as per Clause
16.3.4 of the Building By-Laws 1983. 6.1.3.4(b) of the
National Building Code of India, Part-4; D
3. Width of the staircase was not mentioned on the Building
Plan; and
4. Fire fighting arrangements as per the National Building
Code of Indi, Part-4, Fire and Life Safety were not
proposed on the building plans.” E
67. Under Section 32 of the Delhi Fire Service Act 2007, multi-
storeyed buildings are governed by the fire prevention and fire safety
measures, stipulated in Sections 33, 34 and 35 of the said Act. The
building of the Appellant, under construction is not a multi-storeyed
building. F
68. Sub-section (s) of Section 2 of the Delhi Fire Service Act
defines multi-storeyed buildings to mean a building of such minimum
height as may be prescribed under the Rules in this behalf and notified to
the Director by the local authority. Local authority has been defined in
sub- section Q to include the DDA, the Municipal Corporation of Delhi G
established under the Delhi Municipal Corporation Act, 1957 or any other
authority as might be notified by the Central Government or the
Government, as the case may be. SDMC is a local authority contemplated
in sub-Section (q) of Section 2 of the Delhi Fire Service Act.
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888 SUPREME COURT REPORTS [2022] 7 S.C.R.
A 69. As noted above, there does not appear to be any prescription
of minimum height or intimation to the Director of the Delhi Fire Service,
as required under Section 2(s) of the Delhi Fire Service Act. The
Building Bye-laws 1983 and the Unified Building Bye-laws read with
the Master Plan would have to be deemed as Prescription and Notification
under Section 2(s). In any case, in view of Section 53 and 53A of the
B
DD Act, the Master Plan and the Building Rules, Regulations and Building
Bye-laws under the DD Act would prevail in case of inconsistency with
any other Rules or Regulations.
70. Section 32 of the Delhi Fire Service Act provides that
notwithstanding anything to the contrary contained in the said Act, multi-
C storeyed buildings are to be governed by the provisions of the fire provision
and fire safety measures thereafter stipulated.
71. Chapter V of the Fire Service Rules requires the Fire Prevention
Wing under the charge of a Chief Fire Officer to examine building plans
referred to the Fire Service Wing by any local authority or any statutory
D authority from the fire prevention and fire safety point of view and issue
directives relating to fire prevention and fire safety measures for
compliance by the builder, owner or occupier. The fire prevention wing
is also empowered to study the fire accidents in the National Capital
Territory of Delhi and assist in the framing of policies relating to fire
E prevention and fire safety and matters similar and/or incidental thereto.
72. 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
F deemed to cause risk of fire.
73. Under Rule 28 of the Fire Service Rules, the minimum height
of the buildings, for the purposes of sub-section (1) of Section 33 and
sub- section (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
G four upper storeys in case of residential buildings. Height more than 15
metres would necessarily have to be construed as height more than 15
metres without stilt parking or excluding the height of stilt parking within
the limits as prescribed.
74. Section 33 relating to inspection of buildings and/or premises
for ascertaining the adequacy or contravention of fire protection and
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VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 889
[INDIRA BANERJEE J.]
fire safety measures, applies only to buildings, as specified, of minimum A
height as specified in Rule 33 of the Fire Services Rules. The minimum
standards for fire prevention and fire safety for buildings, as stipulated in
Rule 33, for the purposes of Sections 33 and 35 of the Fire Service Act,
are applicable as per the height of the building and class of occupancy
as provided in Building Bye-laws or National Building Code of India,
B
2005.
75. As per the proviso to Rule 33 in case of classes of occupancies
or buildings or premises for which fire prevention and fire safety measures
are not provided in the Building bye-laws or National Building Code of
India 2005, the Director may require the owner or occupier of such
occupancies or buildings or premises to provide fire prevention and safety C
measures in accordance with international standards as may be provided
by the Fire Prevention wing.
76. As per the Second proviso, where the Government is of the
opinion that it is necessary or expedient so to do, it may, by order, for
reasons to be recorded in writing, relax or modify or annul any requirement D
concerning the fire prevention and fire safety measures under these
Rules, with respect to any class of occupancy, in any building or premises
in special areas or in respect of any building or premises in any area
that was constructed or which was under construction prior to the date
of enforcement of these Rules. E
77. Similarly, where the Director is of the opinion that it is necessary,
or expedient so to do, it may for reasons to be recorded in writing, require
the owner or occupier of the buildings or premise to provide additional
fire prevention and fire safety measures.
78. Rule 34 of the Delhi Fire Service Rules provides that, on receipt F
of a reference from the local authority or any other statutory authority,
the Fire Prevention Wing may require the owner or occupier to modify
the building plans to ensure the compliance of the Delhi Fire Service
Rules, fire prevention and fire safety measures are to be issued within
three weeks from the date of presentation under sub-rule (2) or G
modification of building plans as may be required under sub-rule (3) if
any.
79. Rule 35 casts an obligation on the Director, or any other
officer(s) authorized by the Rules, to issue a Fire Safety Certificate in
the requisite form, if the application is accompanied with a certificate
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890 SUPREME COURT REPORTS [2022] 7 S.C.R.
A from the Architect and owner or occupier stating that all the fire prevention
and fire safety measures as required under Rule 33 have been incorporated
in the building or premises. Rule 35 only applies to high rise buildings.
80. On receipt of application, the building might be inspected by a
team of fire officers to ascertain the availability or operability of the fire
B prevention and fire safety measures.
81. As observed above, multi-storeyed buildings are governed by
the provisions for fire prevention and fire safety measures stipulated in
Chapter VI of the Delhi Fire Service Rules.
82. Building bye-laws have been defined in Section 2(c) to mean
C bye- laws made under the Delhi Cantonment Act, 1924, the Delhi
Municipal Corporation Act 1957, the New Delhi Municipal Council Act,
1994 or the regulations made under sub-section (1) of Section 57 of the
Delhi Development Act, 1957 or the bye-laws made by the Central
Government by publication in the Official Gazette, relating to buildings in
D Delhi. The prevalent bye-laws and in particular 1.3.3 of the Unified
Building Bye-Laws issued by the DDA makes it amply clear that the
words and expressions used in the bye-laws would have the same
meaning or sense as in the DD Act. Bye-law 1.3.3 makes it absolutely
clear that all Master Plan/Development Control Regulations regarding
use, coverage, F.A.R., set-backs, open spaces, height, number of storeys,
E number of dwelling units, parking standards etc. for various categories
of buildings including modifications therein made from time to time shall
be applicable mutatis- mutandis to the Building Regulations. In view of
the Master Plan read with building bye-laws, high rise building/multi-
storeyed building would mean a building taller than 15 meter without stilt
F or 17.5 metre with stilt.
83. “Multi-storeyed building” is defined in Section 2(s) of the Fire
Service Act to mean a building with such minimum height, as may be
prescribed under the rules in this behalf, and notified to the Director by
the local authority. “local authority” has been defined in Section 2(q) of
G the Fire Service Act to mean the Delhi Cantonment Board established
under the Cantonment Act, 1924 (2 of 1924), the Delhi Development
Authority, the Municipal Corporation of Delhi, the New Delhi Municipal
Council Act or any other Authority under any other law which might be
notified in this behalf by the Central Government or the Government, as
the case may be.
H
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 891
[INDIRA BANERJEE J.]
84. In the absence of any specific prescription of height in terms A
of Section 2(s) of the Delhi Fire Service Act or notification to the Director,
the Master Plan read with the applicable Building Bye-laws, is to be
deemed the prescribed height notified in terms of Section 2(s). The
prescribed height is deemed to be height not exceeding 15 meters without
parking stilt and/or excluding the height of the stilt parking, upto the
B
maximum limit permitted.
85. Rule 27(2) of the Delhi Fire Service Rules which reads
Residential Buildings (other than hotels and guest houses) having height
more than 15 meters or having ground plus four upper storeys including
mezzanine floor, has to be construed as residential building having height
more than 15 meters excluding stilt. It is implicit in the Fire Safety Rules C
that only buildings with stilt parking, exceeding 17.5 meters in height,
would be considered as high rise building and/or multi-storeyed building.
86. The prayers in the Writ Petition filed in the High Court for
amendment of Rule 27 of the Fire Service Rules are misconceived.
There are no cogent grounds of challenge to Rule 27 of the Fire Service D
Rules. Height prescriptions, as stated above, differ from place to place,
based upon in depth study and consideration of all relevant factors. There
could be no question of this Court directing the Lieutenant Governor of
the National Capital Territory of Delhi to amend Rule 27. What is required
is a meaningful purposive construction of Rule 27, in the light of the DD E
Act and the applicable Building Bye-laws read with the Master Plan, as
amended.
87. The Appellants have referred to the Calcutta Municipal
Corporation Building Rules 2009 and Building Regulations applicable to
several other cities to demonstrate that Rule 27 of the Fire Service Rules F
is discriminatory. The Rules and Regulations referred to have been made
by the States under their own Statutes. There cannot be any uniform
prescribed height for buildings all over the country. It is for the relevant
rule making authority to take a decision with regard to height of a building
for the requisite level of safety including fire safety, taking into account
all relevant factors; such as topography, propensity to seismic turbulence G
of the region, population density, traffic, etc.
88. The arguments advanced on behalf of the Appellant, in the
High Court have duly been recorded in paragraph 6 of the impugned
judgment and order. The said paragraph is extracted hereinbelow for
convenience:- H
892 SUPREME COURT REPORTS [2022] 7 S.C.R.
A “6. The senior counsel for the petitioner:
(a) has drawn our attention to Delhi Building Bye-Laws 1983;
(i) Bye-law 2.1 whereof defines “Act” as the Delhi
Development Act, 1957;
B (ii) Bye-law 2.51 whereof defines “Master Plan” as the Master
Plan for Delhi approved by the Central Government under
the Delhi Development Act, 1957 and the amendments made
from time to time;
(iii) Bye-law 2.02 whereof provides that the words and
C expressions not defined in the Bye-laws shall have the same
meaning or sense as in the Delhi Municipal Corporation Act,
1957, Delhi Development Act and the Master Plan for Delhi;
(iv) Bye-law 2.03 whereof provides that all mandatory Master
Plan/Zonal Plan regulations regarding coverage, floor area
D ratio, use, set-backs, open spaces, height, number of storeys,
number of dwelling units, parking standards etc. for various
categories of buildings including modifications thereof made
from time to time shall be applicable mutatis mutandis in the
building regulations and that all amendments/modifications
made in the building regulations will automatically be
E included as part of the Bye-laws;
(v) Bye-law 2.36 whereof defines “Floor Area Ratio (FAR)”
as the quotient obtained by dividing the total covered area
(plinth area) on all floors multiplied by 100 by the area of the
plot;
F
(vi) Bye-law 2.58 whereof defines “Parking Space” as an
area enclosed or unenclosed, covered or open, sufficient in
size to park vehicles, together with a driveway connecting
the parking space with a street or alley and permitting ingress
and egress of the vehicles;
G (vii) Bye-law 3.1 whereof provides that in addition to the
provision of the Delhi Development Act, the Building Bye-
laws shall apply to the building regulation activity, in the Union
Territory of Delhi under the jurisdiction of the Delhi
Development Authority (DDA);
H
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 893
[INDIRA BANERJEE J.]
(viii) Appendix J whereof containing ‘Relevant Extracts from A
MPD- 2021 regarding Development Control Regulations’
provides the maximum height of constructions of residential
plotted development, of 15 metres and further provides that if
the building is constructed with stilt area of non-habitable
height (less than 2.4 metres), used for parking, such stilt area
B
shall not be included in FAR but would be counted towards
the height of the building;
(b) has drawn our attention to the Notification dated 4th March,
2014 of the Ministry of Urban Development (Delhi Division)
issued in exercise of powers conferred by Section 11-A(2) of
the Delhi Development Act making modifications in the MPD- C
2021 and whereby the definition of High Rise Buildings in
Clause 8(7) of Chapter 17 titled ‘Development Code’ of the
Master Plan has been changed to “Buildings taller than 15
metres (without stilt) and 17.5 metres (including stilt) in all
use zones will be considered as High Rise Buildings” and D
further providing that in case of stack-parking in stilt floor,
minimum height of 2.4 metres for stilt floor may be relaxed;
(c) has drawn our attention to Bye-law 6.2.4.1 of the Building
Bye- laws aforesaid relating to ‘Building Plans for
Multistoreyed/Special Buildings which are more than 15 E
metres in height and has argued that the same is by way of
an exception to Bye-law 6.2.4 dealing with ‘Building Plan’
for plots measuring up to 250 sq.m. and above 250 sq.m.
and has demonstrated that the building plan for such
multistoreyed/special buildings has to show inter alia the
location and size of fire lift, smoke exhauster system, access F
to fire appliances/vehicles with details of vehicular turning
circle and clear motorable access way around the building
etc.;
(d) has argued:
G
(I) that the petitioner on 15 th July, 2013 got the plan for
construction on property No. C-319, Defence Colony, New
Delhi sanctioned from the Municipal Corporation of Delhi
(MCD);
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894 SUPREME COURT REPORTS [2022] 7 S.C.R.
A (II) that at the time of sanction of plan, the height of the
building permissible under the Bye-laws was 15 metres which
included the stilt which had been made mandatory;
(III) that upon amendment of the Master Plan vide Notification
dated 23rd September, 2013 published on 21 st October, 2013,
B maximum height of the building was prescribed as 15 metres
in plot without stilt parking and 17.5 metres in plot with stilt
parking and further providing that such buildings were not
to be considered as high rise buildings “for the purpose of
fire and life safety requirements, clearance of Fire Department
will be obtained by the individual plot owner”;
C
(IV) that by the time, the petitioner came to know about the
aforesaid amendment, he had already casted stilt as well as
the ground and the first floors and the only second and third
floor roof casting remained;
D (V) that in order to take advantage of the amended Master
Plan, the petitioner got a revised plan made by providing two
feet extra on the second and third floors, thus taking the height
of the entire building to 16.16 metres, that is, well below the
17.5 metres provided in the amended Master Plan;
E (VI) that since the amended Master Plan provided for taking
clearance of the Fire Department, the petitioner applied on
3rd January, 2014 and on 20th January, 2014 submitted revised
building plans to the SDMC indicating therein that the
petitioner shall be increasing the height of the second and
third floors by two feet each to take the total height to 16.16
F metres;
(VII) that on 22nd January, 2014, the MCD referred the file to
the Fire Department, GNCTD;
(e) has invited attention to the Delhi Fire Service Act (DFSA),
2007 and has contended:
G
(i) that there is no provision therein for compliance of the
provisions contained therein by residential buildings;
(ii) that though Section 25 thereof empowers the GNCTD to
by notification in the official gazette declare any class of
H
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 895
[INDIRA BANERJEE J.]
occupancy and pandal which are likely to cause a risk of fire A
but the GNCTD has not issued any notification;
(iii) that Section 32 thereof requires only the ‘multistoreyed
buildings’ to be governed by the provisions for the fire
prevention and fire safety measures stipulated therein;
(iv) that the said measures are contained in the Delhi Fire B
Service Rules supra;
(f) has invited attention to Rule 27 of the Rules supra listing
the classes of occupancies to be construed as likely to cause
a risk of fire and serial No. 2 whereof contains residential
buildings (other than hotels and guest houses) having height C
more than 15 metres or having ground plus four upper storeys
including mezzanine floor;
(g) has contended,
(I) that once the Master Plan has changed the maximum height D
of residential building from 15 metres to 17.5 metres and
which change as per the provisions aforesaid of the Building
Bye-laws stands incorporated in the Building Bye-laws also,
the rules cannot be permitted to continue classifying residential
buildings of more than 15 metres but less than 17.5 metres
height as posing risk of fire; E
(II) that rules aforesaid cannot be contrary to and have to be
subservient to the Central Government legislation;
(III) that even otherwise Section 25 of the DFSA entitles the
Government to declare only a class of occupancy, as likely to
F
cause a risk of fire and not by height;
(IV) that the rule aforesaid is arbitrary per se and the height
of 15 metres contained therein, after the amendment of the
Master Plan and the consequent amendment of the Building
Bye-laws will have to be read as 17.5 metres;
G
(V) that the GNCTD, post the amendment of the Master Plan
and the Building Bye-laws, ought to have amended the Rules,
but has failed to do so;
H
896 SUPREME COURT REPORTS [2022] 7 S.C.R.
A (VI) that even the Development Code was amended on 4 th
March, 2014 in consonance with the amendments to the
Master Plan;
(VII) that the height of the occupancy, even after the amendment
aforesaid, remains 15 metres only and only to deal with the
B paucity of parking in streets in front of residential houses
and to provide for parking, stilt floor in each residential
building has been made compulsory;
(VIII) that the rules aforesaid framed by the GNCTD cannot
have priority over the Master Plan or Building Bye-laws;
C (IX) that to hold that a residential building of more than 15
metres but less than 17.5 metres height becomes a multi-
storeyed building or a high rise building, would be absurd
inasmuch as the plot size of such building does not admit of a
provision being made for two staircases, or providing for
D movement of a fire brigade all around the building and to
hold so would also be contrary to the layout plan of the
building prescribing front and rear set-backs only;
(X) that the Supreme Court in para 66 of Delhi Bar Association
(Regd.) v. Union of India (2008) 13 SCC 628 has held that
E law framed by the GNCTD if repugnant to central law, would
be void.”
89. The Respondent Nos. 1 to 3 had filed their counter affidavit
stating that under Rule 33 of the Fire Service Rules sets minimum
standards for fire prevention and fire safety of buildings. The standards
F for fire prevention and fire safety depend on the height of the buildings
and class of occupancy, as provided in the applicable Building Bye-laws
or National Building Code of India. In Court it was admitted that there
was no fire protection requirement for one or two family private dwellings
and for residential building up to 15 metres in height.
90. From the impugned judgment and order, it appears that, in
G
course of arguments, the High Court inquired how increase in the height
of the residential building over 16.5 metres changed the position viz-a-
viz safety and fire prevention. The Chief Fire Officer explained that the
floors above 15 metres could not be reached by manual ladder, having
regard to the incline at which the ladder is required to be placed alongside
H the building. It was also argued that in case of fire in buildings above 15
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 897
[INDIRA BANERJEE J.]
metres in height, induction of air from outside would make fire spread A
very fast.
91. There can be no doubt that any construction has to conform to
regulations made in the larger interest of the inhabitants of the city, to
protect environment, prevent fire, prevent accidents, provide for essential
amenities etc. There can also be no doubt that regulatory provisions for B
construction activities are in public interest.
92. At the same time a building which is not a high rise building as
per the applicable rules or regulation cannot be compelled to comply
with fire prevention and fire safety regulations applicable to high rise
buildings. C
93. It is not in dispute that the Appellant had got a plan sanctioned
from the Municipal Corporation of Delhi on 15th July 2013. At that time
the height of the building permissible under Bye-laws was 15 metres
which included the stilt, which had been made mandatory. It is also not
in dispute that upon amendment of the Master Plan by Notification D
dated 23rd September 2013 published on 21st October 2013 maximum
height of the building was prescribed as 15 metres without stilt parking
and 17.5 metres with stilt parking. After the amendment, the Master
Plan provides that buildings up to 15 metres without stilt parking and
17.5 metres with stilt parking are not be to considered as high rise and
for the purpose of fire and life safety requirements, clearance of Fire E
Department was to be obtained by the individual plot owner. The Appellant
was entitled in law to take advantage of the amended Master Plan for
Delhi and he accordingly applied to SDMC for sanction of revised plan
on 20th January 2014. The revised plan was referred to the Delhi Fire
Service Authorities by SDMC on 22nd January 2014. F
94. 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. The Building of the Appellant, under construction is not a
High Rise Building, for the reasons discussed. Clearance from the Delhi
Fire Service is therefore, not mandatory for sanction of the Revised G
Building Plan submitted by the Appellant.
95. There can be no doubt that 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.
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898 SUPREME COURT REPORTS [2022] 7 S.C.R.
A 96. The challenge to Rule 27(2) of the Fire Service Rules was
misconceived and the High Court rightly rejected the challenge to the
said Rule. It is also well settled that orders in the nature of Mandamus
directing a rule making authority to amend Rules is not granted by the
High Court in proceedings under Article 226 of the Constitution of India.
The High Court rightly refused to pass any such order.
B
97. The High Court, however erred in dismissing the Writ Petition
without granting any relief to the Appellant. The High Court might have
moulded the relief sought in terms of Prayer C.
98. Admittedly the building in question does not exceed 17.5 meter
C with parking stilt. As stated above, height exceeding 15 meter to qualify
as high rise building must be construed as height exceeding 15 meter
without stilt parking and/or excluding the permissible height of stilt parking
as per the building regulations read with the Master Plan of Delhi. The
building in question is not a high rise building.
D 99. Irrespective of whether fire clearance is mandatory in respect
of the buildings, which are not high rise, it is open to the SDMC to get
clearance from the fire service authorities to ensure that fire safety
measures are not contravened. However, as admitted on behalf of the
fire service authorities, fire clearance is granted subject to compliance
of minimum standards for fire prevention and fire safety in respect of
E the kind of occupancy as provided in the building bye-laws and/or the
National Building Code of India. Provisions of Building Regulations and/
or Bye-laws and/or National Building Code, not applicable to high rise
buildings are not attracted in the case of the building in question.
100. The Fire Service Authorities can only ensure that the buildings
F comply with fire safety requirements, if any, applicable to residential
buildings, which do not fall within the ambit of high rise buildings.
101. The argument that the Fire Service Authorities do not have
ladders of adequate length to tackle outbreak of fire in buildings exceeding
15 meter is fallacious and cannot be ground to deny the owner of property,
G the right to carry out construction at his property, in accordance with the
applicable building laws, read with the Master Plan for Delhi, and thereby
deprive the owner of his right to effectively utilise his property.
102. There is no prohibition on construction of buildings exceeding
15 meters in height. The dispute is with regard to classification of the
H buildings- Whether such buildings are to be classified as high rise and
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS. 899
[INDIRA BANERJEE J.]
subjected to specific Rules and Regulations applicable to high rise A
buildings. The difference in height is only about 4/5 feet. The height is
well within 17.5 meter with stilt parking as provided in the Master Plan.
If the Delhi Fire Service Department does not have ladders to tackle
fire in buildings exceeding 15 meters even by a few feet, existing
buildings exceeding 15 Meters in height and their inhabitants are doomed.
B
It is preposterous to even think that multi-storeyed buildings would be
left to their own fire fighting facilities and their own existing staircase in
case of outbreak of fire. The argument seems preposterous. If the Fire
Service authorities do not have adequate fire fighting equipment, they
would necessarily have to acquire the same in the interest of the people.
103. We need not go into the question of whether any clearance C
of the Fire Service Authorities is at all necessary. However, in view of
the amendment to the Master Plan for Delhi 2021, as amended in
September, 2013 by S.O. No. 678(E) dated 4th March 2014, 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 D
a multi- storied building.
104. SDMC cannot keep sanction of the Revised Building Plan
submitted by the Appellant, way back in January, 2014, in abeyance
indefinitely. Nor can sanction be rejected on the ground of non-compliance
of fire service requirements applicable to multi-storied/high rise buildings. E
A decision with regard to sanction has to be taken within the time
stipulated in Clause 2.3.1 of the Unified Building Bye-laws. Under Clause
2.3.3(b) of the Unified Building Bye-laws, approval/refusal of agencies,
such as Delhi Fire Service must be intimated within 15 days, or the time
stipulated in Chapter III of the Unified Building Bye-Laws, whichever is
earlier. In other words, a decision has to be taken by the Fire Service F
Authorities within a maximum period of 15 days. It hardly need be
mentioned that in case of refusal, reasons are mandatory, for compliance
with principles of natural justice. It may however, be open to the SDMC
to obtain the opinion of the Fire Service Authorities. It is made clear that
objections will not be raised on the sole ground of non-compliance of G
rules not applicable to a residential building which is not a high rise building.
A decision shall immediately be taken on the application for sanction of
Revised Plan submitted on 14th January 2014 in the light of the
observations made above, keeping in view the timelines stipulated in
Clause 2.3.1 of the Unified Building Bye-laws.
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900 SUPREME COURT REPORTS [2022] 7 S.C.R.
A 105. The SDMC may in its discretion seek clearance from the
Fire Service Authority, but such clearance shall not be withheld on the
ground of non- compliance of requisites applicable to high rise buildings,
or on the frivolous ground of unavailability of ladders of adequate size to
carry out inspection. If no views are expressed within the time as
stipulated in the Unified Building Bye-laws and in particular Clause 2.3.3
B
thereof, computed from the date of communication of this judgment and
order, clearance will be deemed to have been granted.
106. The appeal is, accordingly, allowed to the extent indicated
above. The impugned order rejecting the Revised Building Plan is set
aside and quashed.
C
107. The SDMC shall consider the application afresh in the light
of the observations/findings given hereinabove.
Nidhi Jain Appeal partly allowed.
(Assisted by : Tamana, LCRA)
D
E
F
G
H
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