VidhiSangh

Supreme Court of India · 11/08/2022

VIKAS SINGH versus GOVT. OF NCT OF DELHI & ORS

[2022] 7 S.C.R. 833 · 2022 INSC 824

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

After the Delhi Master Plan was amended in 2013 to permit residential buildings of 15 m without stilt parking or 17.5 m with it, the appellant sought sanction of a revised plan raising his partly built Defence Colony house to just over 16 m including the stilt. The SDMC withheld sanction for want of Delhi Fire Service clearance. The fire authorities applied high-rise requirements under Rule 27(2) of the Delhi Fire Service Rules, 2010, which covers residential buildings over 15 m. The Court upheld the High Court's refusal to strike down or direct amendment of the rule. Read with the Delhi Development Act, the Master Plan and the building bye-laws, 15 m in Rule 27(2) means 15 m excluding permissible stilt parking. The building was therefore not high-rise, and high-rise fire norms could not be applied. The SDMC was directed to decide the plan afresh within the bye-law timelines.

Issues

  1. Whether a residential building within 17.5 m including stilt parking, but over 15 m, is a high-rise or multi-storeyed building attracting fire clearance and high-rise fire safety norms under the Delhi Fire Service Act and Rules.
  2. Whether the High Court should have struck down Rule 27(2) of the Delhi Fire Service Rules or directed its amendment, and what relief was due on the revised plan.

Provisions considered

Held

Result

Appeal partly allowed. The rejection of the revised building plan is set aside and the SDMC is to decide afresh in light of the judgment, while the challenge to Rule 27(2) stays rejected.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 833.