If a development impacts public safety, it cannot be allowed to relax development rules: Mumbai HC

MUMBAI: When the Bombay High Court ordered the removal of seven mechanized cantilever car parking spots (also known as stack parking) built in a residential structure here, it stated that relaxation of development laws cannot be allowed if it negatively impacts public safety.

The housing society in Borivali’s stacked parking system seriously jeopardized everyone’s safety, including children, elderly residents, and maybe even onlookers. This was pointed out by a division bench of Justices Gautam Patel and Kamal Khata.

On Tuesday, the order dated January 18 was made available.

In the event of an emergency in the community, the bench said that no firefighter or ambulance is permitted to travel beyond the stack parking.

The decision to install seven mechanized cantilever (stack) parking spaces at Rahul Jain’s housing society in the western suburb of Borivali was challenged by the ophthalmologist in a petition that the court granted, citing the fact that the spaces were obstructing his property’s entrance and posing a safety risk.

According to the petition, the developer had changed plans to add two more stories to the structure, hence the stack parking system in the society grounds was necessary.

Afterward, the developer received permission to build seven stack parking places from the fire department and the Municipal Corporation of Greater Mumbai (MCGM).

In its ruling, the court took issue with the chief fire officer of the local body’s fire brigade department’s proposal that, since the building had fewer than thirteen stories, a fire engine wouldn’t be needed in the event of a fire.

“We dare say that the declaration of the fire officer if communicated to anybody in the government, especially people who are about to seek votes in the next elections, would end up in a very considerable perturbation,” the judge stated.

“There is no legal or equitable presumption that people who reside in pricey highrises should have a higher priority for their safety than those who do not. It stated, “The sooner the chief fire officer (CFO) of the MCGM realizes it, the better.

The bench also questioned the current Development Control and Promotion Regulations (DCPR)’s laxer fire safety standards, which include requiring only one fire lane on either side of the building and reducing the number of stairwells in taller buildings. The DCPR also notes that these regulations are constantly contested and lack rationale.

According to the order, the civic body commissioner may, under the DCPR, give special permission for revisions in certain circumstances when there is a clear hardship.

The court stated that the relaxation should not, however, “affect the health, safety, fire safety, structural safety, and public safety of the inhabitants of the building and the neighborhood.”

“If it can be shown that the relaxation negatively impacts safety, fire safety, and public safety then no such authorization can be granted or if granted is liable to be immediately revoked,” added the statement.

In the current case, the court said that the stack parking system installed on the society’s property has seriously jeopardized everyone’s safety, including children, the elderly, and maybe even onlookers.

The bench ruled that the construction of stack parking was unlawful and ordered its immediate removal.

“The MCGM will send a notification to the owner of the society to remove the illegally constructed seven mechanized cantilevered car parking spaces,” the court ordered.