MUMBAI: The Bombay High Court has requested the BMC to clarify its plans regarding buildings in Mumbai lacking a fire no-objection certificate (NOC).
The court posed a pointed question: “Will you ignore this issue, or will you take action? We expect a detailed affidavit stating the required steps when a fire NOC is not present. If this is omitted, we will interpret it as tacit approval, suggesting that it is the municipal corporation’s policy to allow occupancy without a fire NOC, thereby endangering lives,” remarked Justices Girish Kulkarni and Arif Doctor.
This discussion arose during a hearing concerning a petition filed by Sunil Jhaveri, a resident of the 34-storey Wellingdon View in Tardeo, addressing serious illegalities. The building possesses a partial occupancy certificate for floors one through sixteen but lacks a fire NOC. Since 2008, 50 out of 62 flats have been occupied.
In response to a question about the BMC’s initial assessment, senior advocate S.U. Kamdar stated that ample FSI (floor space index) exists to regularize any amalgamations and alterations. “Regarding the fire NOC, there cannot be any regularization; they must rectify the unauthorized changes,” he explained, citing a garden at the entrance that obstructs access for fire services.
The judges expressed a desire to understand the current status of all residents in the building to issue appropriate directives. “This case will set a precedent for all buildings and high-rises,” remarked Justice Kulkarni. The hearing has been adjourned to July 10, with the judges emphasizing their stance against permitting any violations in building regulations.
