DEHRADUN: The Uttarakhand High Court has annulled an order from the former Dehradun District Magistrate, Sonika, that required the fire department to issue a no-objection certificate (NOC) for the Pinnacle Residency group housing complex, despite known fire safety deficiencies. Justice Manoj Kumar Tiwari deemed the order “legally unsustainable”.
The issue revolves around unauthorized construction by M/s Disha Hospitality Private Limited, which allegedly strayed from the building plan sanctioned by the Mussoorie Dehradun Development Authority (MDDA). Residents raised concerns in court, claiming that the construction, including RCC slabs and other unauthorized structures, obstructed access for fire emergency vehicles, thereby violating the Uttarakhand Fire and Emergency Service, Fire Prevention and Fire Safety Act, 2016.
Despite these significant safety concerns, the district magistrate instructed the fire department to issue the NOC based on a video presented by the builder, which allegedly showed that a fire tender-sized vehicle could navigate the complex. Dismissing this rationale, the High Court asserted that “instead of relying on potentially manipulated or unverified video evidence, authorities should have pursued an expert fire safety audit”.
In the ruling dated July 1, Justice Tiwari critiqued the district magistrate for not conducting a site inspection or consulting the fire department prior to issuing the directive, thus ignoring compliance with the National Building Code of India. The court emphasized the statutory responsibilities of fire safety officers, noting that “such professional assessments should not be disregarded lightly”.
Consequently, the High Court annulled the district magistrate’s order and ordered a reassessment of the matter. The court mandated that a thorough review be conducted, incorporating all relevant parties to ensure compliance with established safety guidelines during any redevelopment efforts.
