IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE :: 18..11..2009 CORAM : THE HON'BLE MRS. JUSTICE PRABHA SRIDEVAN AND THE HON'BLE MR. JUSTICE M. SATHYANARAYANAN WRIT PETITION NO: 47702 OF 2006 Coimbatore Consumer Cause No: 41, Government Arts College Coimbatore – 641 018. rep by its Secretary K.Karhirmathyor ... Petitioner -vs- 1. The Secretary to Government Municipal Administration & Water Supply, Fort St. George, Chennai – 600 009. 2. The Secretary to Government Housing & Urban Development Dept. Fort St. George, Chennai – 9. 3. The Joint Director Local Planning Authority, Tatabad, Coimbatore – 12. 4. The Commissioner, Coimbatore City Municipal Corp. Coimbatore – 1. 5. G. Irudhayaraja District Secretary Coimbatore Merchants Association Peravai,Coimbatore – 641 001. ...Respondents ( * R.5 impleaded as R.5 vide order dated 14.10.2009 made in M.P. No: 1 of 2007 by P.S.D.J. & M.S.N.J. D.B.) Writ petition under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to take suitable and appropriate action against all the unauthorised constructions and the public buildings which do not have fire safety provisions in Coimbatore City Corporation limits and also to initiate appropriate disciplinary proceedings against the officials who acted https://hcservices.ecourts.gov.in/hcservices/ in collusion with the building owners in violating the law by treating the unauthorised constructions as mere deviations, within a time frame to be fixed by this Hon'ble Court. For petitioner : M/s. S. Sathia Chandran For resp. 1 to 3 : Mr. M. Dhandapani, Special Government Pleader For 4th respondent : Mr. Siva Kumar For 5th respondent : Mr. R. Parthiban .. .. .. O R D E R (Order of the Court was made by Prabha Sridevan, J.) The petitioner is a consumer organization which has been registered under the Tamil Nadu Societies Registration Act. The present writ petition has been filed in "Public Interest" alleging that public buildings have been allowed to come up in coimbatore without adequate fire safety provisions and construction have come up which are totally unauthorised and not mere deviation and suitable and appropriate action should be taken in this regard and also to proceed against the officials who have scant regard for these regulations. The learned counsel for the petitioner submitted that buildings without fire safety measures are hazardous and when the petitioner sent a communication to the Public Information Officer he received a reply which showed that 72 public buildings have not installed fire safety provisions. He has also listed the various kinds of violations which are as follows : a) Unauthorized Construction in the area declared / identified as parking space in the plan. b) Buildings without any plan i.e. Unauthorised constructions. c) Additional floors constructed more than the floors approved in the plan. d) Buildings without fire escape route, minimum ventilation, etc. (as required under Public building rules) e) Without any other safety measures notified by the Government. In the affidavit the petitioner has also referred to the following judgments of the Supreme Court viz. (1) 2004 (4) S.C.C. 733 (2) 2006 (3) S.C.C. 399 https://hcservices.ecourts.gov.in/hcservices/ 2. After admission, we requested the counsel for the Coimbatore City Municipal Corporation to file an action taken report. Learned counsel appearing for Corporation Mr. Shiv Kumar submitted that a Special Demolition Squad has been formed and, therefore, the matter has been taken up by the respondent Corporation in real earnest. The action taken report filed today referred to as many as 32 buildings which are as follows:- ACTION TAKEN ON UNSAFE AND UNAUTHORIZED BUILDINGS IN COIMBATORE CORPORATION AREA No. Zone Location Remarks 1. North Martin Buildings, Cross Cut Road, Commercial Complex. Demolished 2. North America Arumugam Building, West of Singapore Plazza Demolished 3. North Selva Gold covering building (Part-2nd floor) Complex, Cross Cut Road. Demolished 4. South Siva Complex, Opp. Collectorate. Locked & Sealed 5. South Karpagam Hotel, Sorojini Street, Ramnagar Parking restored 6. South ICICI Bank, Ram Nagar Parking restored 7. North Adayar Ananda Bhavan, Gandhipuram Parking restored 8. West Sampath Vora Apartment, West Periyasamy Road, R.S.Puram. Violated demolished 9. West East Sambandam Road, Shopping Complex, R.S.Puram. Demolished 10. West Krishna Collections, Shopping Complex. Demolished 11. West Thiruvengadasamy Road, Lodging Opp. Just born complex. Building Material seized. Parking space restored. 12. East Sruthi Enclave, Group Housing Building Material seized. Locked & sealed. 13. North Kannan Departmental Store, Cross Cut Road. Building material seized. Parking space restored, Emergency exit provided. https://hcservices.ecourts.gov.in/hcservices/ No. Zone Location Remarks 14. North PSG Tech Building 10 Unauthorized construction works in PSG educational institution is stopped. Building Material seized. Parking space restored. 15. East Commercial Building owned by Vijayakumar, Laxmi Mills junction. Building Material seized. Parking space restored, Partly demolished. 16. North Sri Devi Textiles, Cross Cut Road Parking space restored. 17. North Singapore Plazza extension, X Cut Road Building Material seized. Parking space restored. 18. West Lakshmi Tower, MTP road Undertaken to remove the violated 4 storeyed structure and about to commence the work. 19. West Vaigai Hotel, T.V. Samy road Building material seized. Parking space partly restored. 20. West Sudarsan Vasan Eye Care Building material seized. Parking space partly restored. 21. West Lotus Hospital West Periyasamy road, R.S.Puram Building Material seized. Parking space restored. 22. West Residential Apartment, Near Liseux school, Bharathi Park Road. Building Material seized. Parking space restored. https://hcservices.ecourts.gov.in/hcservices/ No. Zone Location Remarks 23. West Residential Complex, Bharathi Park Road III. Building Material seized. Parking space restored. 24. West Building at joining R.S.Puram Higher Secondary School Building Material seized. Parking space restored. 25. West Cowly Brown Road, Hotel Green Park building. Building Material seized. Parking space restored. 26. East Sakuntalamani commercial building at Laxmi Mill junction. Partly demolished & Parking restored. 27. South Hotel Velan, Ramnagar Demolished the Kitchen-cellar floor and restored parking. 28. South Krishna Sweets, Gandipuram Parking restored. 29. South Apartment in ATT Colony. Violated Penthouse demolished. 30. South English Bakery Building, Avinashi Violated portion 31. East CSI School, Avinashi Road. Unauthorized construction work stopped, material seized. 32. West SBOA School. UAC work stopped. The report also shows that encroachment of water bodies are being removed and around 25 hutments at Valankulam lake area were removed and lake was restored. The action taken report, also states that encroachment in other eight lake areas would be taken up on a priority basis. 3. In this public interest litigation, a third party filed an impleading petition. The District Secretary of the Coimbatore Merchants Association asserted that they too have a moral responsibility in the improvement and development of Coimbatore City and, therefore, in his affidavit certain suggestions are given which https://hcservices.ecourts.gov.in/hcservices/ we will refer to later. We find that the following reply has been received by the petitioner from the Office of the Divisional Officer, Fire Rescue Service, which shows that several places have been identified where people cannot be evacuated easily in the event of a fire accident. On 23.08.2006 a communication has been sent from the Public Information Officer, Office Superintendent, Office of the Fire Rescue Services, Coimbatore – Nilgiri Division, stating that on inspection conducted by the department officials based on the applications for the fire service licence, the companies mentioned in the annexure were not issued with fire service licence as there are no fire extinguishing devices. The said companies were advised to fix fire extinguishing devices and that after receiving the report the department will re-inspect them and consider the issue of fire service licence to them. The buildings mentioned in the annexure are as follows :- "1. M/s. The Eye Foundation 582A, T.B.Road, R.S.Puram, Coimbatore 2. M/s. Hotel Blue Star, 369A, Nehru Street, Ram Nagar, Coimbatore. 3. M/s. Vice President, Amugha Hotel, 37, Geetha Hall Road, Coimbatore. 4. M/s.Hotel Vinayagar, 61, Geetha Hall Road, Ram Nagar, Coimbatore. 5. M/s.K.K.Residency, 7, Sastri Road, Ram Nagar, Coimbatore. 6. M/s. Hotel Vaidoorya 72, Geetha Hall Road, Coimbatore. 7. M/s.Hotel Permalaya, 869B, Nehru Street, Ram Nagar, Coimbatore. https://hcservices.ecourts.gov.in/hcservices/ 8. M/s.Ambiga Lodge, 11/369, Nehru Street, Ram Nagar, Coimbatore. 9. M/s. Hotel Thai, State Bank Road, Coimbatore. 10. M/s.Nilgiri Dairy Farm, 739, Avinashi Road, Coimbatore. 11. M/s.Thalapa Katti Naidu Briyani Hotel Thalaipas, 7th Street, Gandhipuram, Coimbatore -12. 12. M/s.New Vijaya Lodge, 8/81, Geetha Hall Road, Coimbatore – 18. 13. M/s.N.Padmavathi, Dukshin Associates, 16-18, Aiswarya Complex, 1st street, Gandipuram, Coimbatore. 14. M/s.The Manager, Rajasthani Sangam, 579, T.B.Road, R.S.Puram, Coimbatore. 15. M/s.Hotel Hema Boarding & Lodging, 16, Geetha Hall Road, Coimbatore-18. 16. M/s.The Residency, 1076, Avinashi Road, Coimbatore. 17. M/s. Sri Annapurna Boarding & Lodging, 75, East Sambandam Road, R.S.Puram, Coimbatore. 18. M/s.Hotel Alangar Grand, 10, Sivasami Road, Ram Nagar, Coimbatore – 9. https://hcservices.ecourts.gov.in/hcservices/ 19. M/s. Hotel Jacquelin, 42, Parasakthi Koil Street, Kongu Nagar, Tiruppur. 20. M/s. Kalyan Jewellers & Kalyan Sarees, 5, Cross Cut Road, Coimbatore. 21. M/s.Hotel Aruljothi, 127, Rajaji Road, Ram Nagar, Coimbatore-9. 22. M/s.Classic Towers, 1547, Tiruchi Road, Coimbatore. 23. M/s.Kalaimagal Arts and Science College, Vellimalaipattinam, Narasipuram, Thondamuthur (Via) Coimbatore. 24. M/s. Coimbatore Institute of Management and Technology, Vellimalaipattinam, Narasipuram, Coimbatore. 25. M/s. Hotel Sri Sampoorna, 234, 2nd Street, Gandipuram, Coimbatore – 12. 26. M/s. Hotel Surya Internation, 105, Race Course Road, Coimbatore. 27. M/s. Coimbatore Institute of Engineering, Information Technology, Vellimalaipattinam, Narasipuram, Coimbatore. 28. M/s. Hotel Aradana, Ukkadam,Coimbatore. 29. M/s. Sri R.V.Hotel, 311A, Bharathiyar Road, Sithapudur, Coimbatore. 30. M/s. Hotel Deva, 3rd Street, Gopalapuram, Coimbatore-18. https://hcservices.ecourts.gov.in/hcservices/ 31. M/s.Travellers Lodge, 983, Ponnay Street, 9th Street, Crosscut Road, Coimbatore. 32. M/s. Hotel ESS Paradise, 20, Nehru Street, Ram Nagar, Coimbatore. 33. M/s. S.B.Abibarrels, 1/477A, Avinashi Road, Neelambur, Coimbatore-65. 34. M/s. Sri kanmani Lodging, 427, 100 feet Road, Gandipuram,Coimbatore-12. 35. M/s. Coimbatore Residency, 265, 1st Street, Gandhipuram, Coimbatore. 36. M/s. Om Sri Ram Lodge, 17, Devi & Co. Lane Coimbatore-18. 37. M/s. Kurinchi Lodge, 24, Lajapathyroy Street, Ram Nagar, Coimbatore-9. 38. M/s. Kumaraguru College of Technology, Chinnavedampatti, Coimbatore-13. 39. M/s. Wellnet Industries, Door No. 115, Velampalayam Main Road, Anuppurpalayam, Tiruppur. 40. M/s. Athya Sakthi Umahar Private Limited, Pellaththi Village, Mettupalayam Road, Coimbatore. 41. M/s. M.K.Lodge, 30, Gokale Street, Ram Nagar, Coimbatore-9. 42. M/s. Sri Kannan Departmental Stores, 130, Rajaji Road, Ram Nagar,Coimbatore-9. https://hcservices.ecourts.gov.in/hcservices/ 43. M/s. Lords Park, 1000, Raja Street, Coimbatore. 44. M/s. City Tower, 56, Sivagami Road, Ram Nagar, Coimbatore-9. 45. M/s. Hotel Sri Ganesh, 184A, Chinnasami Naidu Street, New Siddapudur, Coimbatore. 46. M/s. Hotel Seetharam, 67, Malaviya Street, Ram Nagar, Coimbatore-9. 47. M/s. Network Clothing Co. Private Limited, 2/641, Mangalam Road, Andipalayam, Tiruppur. 48. M/s. Hotel Sanma International, 18/109, Big Bazaar Street, Coimbatore-1. 49. M/s. Hotel Mangala International 340, Nehru Street, Ram Nagar,Coimbatore-9. 50. M/s. Sri Krishna Vilas, 43, Old Post Office Road, Coimbatore. 51. M/s. Vijaya Lodge, 436, Range Gowder Street, Coimbatore. 52. M/s. Barathi Matriculation Higher Secondary School, 307, Thadagam Road, Coimbatore-13. 53. M/s. K.G. Trust, 365 and 366 Thudiyalur Road, Saravanampatti, Coimbatore. 54. M/s. Hotel Sri Aswini Deluxe, 6&7, Kalingarayar Street, Ram Nagar,Coimbatore. https://hcservices.ecourts.gov.in/hcservices/ 55. M/s. Damodar centre, 1050, Avinashi Road, Coimbatore. 56. M/s. Kanniga Lodge, 125, V.H. Road, Coimbatore. 57. M/s.Jahir Hotel, 240, Sastri Road, Ram Nagar, Coimbatore. 58. M/s. Chandra's Girls Hostel, 1432, Avinashi Road, Poolamedu, Coimbatore. 59. M/s. Nivedas In, 4th New Scheme Road, Pollachi – 1. 60. M/s. Sri Ganapathy Silks, Oppanakara Street, Coimbatore-1. 61. M/s.R.Venkitasubbu Marimuthu, 16-17, Imamkhan Road, Pollachi. 62. M/s. Hotel Navratna, 253, T.V.Sami Road, R.S.Puram, Coimbatore. 63. M/s. The Chenna Enterprises, 205, 11th Street, Tatabad, Coimbatore. 64. M/s. Hotel Sri Ramprasad, 444, S.G.R. Building, Oppanaka Street, Coimbatore. 65. M/s. Jamuna Impex, 10, 11, Amarjothy Garden, Mangalam Road, Tiruppur. 66. M/s. Classic Nits, 31, Puliyamara Garden, Mangalam Road, Tiruppur. https://hcservices.ecourts.gov.in/hcservices/ 67. M/s. Sri Akshayas Veg. Restaurant, 1373A, Jaisanthi Towers, Sathy Road, Ganapathy, Coimbatore. 68. M/s.Jansi Lodge, 1096, Crosscut Road, Gandipuram, Coimbatore. 69. M/s. Sri Krishna Sweets, 515, Dr. Nanjappa Road, Gandhipuram, Coimbatore. 70. M/s. Legend Inn, 76, State Bank Road, Coimbatore. 71. M/s. Hotel Kaliappa, 262, Crosscut Road, Gandipuram, Coimbatore. 72. M/s.Hotel Blue Diamond, 47, 48, 49, Variety Hall Road, Coimbatore. " 4. The petitioner has voiced a genuine concern regarding the haphazard construction that is going on in the city of Coimbatore without any respect for the building regulations and other statutory guidelines. The Rules and Regulations are for the benefit of all. As observed by the Supreme Court in M.C. Mehta vs. Union of India and others reported in 2006 (3) S.C.C 399, " Master plans are prepared by expert planners and various laws are enacted and provision is also made in the plans also to tackle the problem of existing unauthorised constructions and misusers and, yet such illegal activities go on unabated openly under the gaze of everyone. " In this regard, we appreciate that the Coimbatore Corporation has taken immediate steps and has also framed Special Demolition Squad. We only hope that what is started well does not lose its acceleration or enthusiasm. Unless the efforts of the Corporation continue, soon buildings will come up again without any regard for the sanctioned plan. People must be made to understand that the deviation and violations will not be condoned and action would be taken firmly and swiftly. https://hcservices.ecourts.gov.in/hcservices/ 5. As regards the installation of the fire safety measures, it is only in the recent past that there were two horrible accidents one at the Uphaar Theatre, Delhi, and the other at a School at Kumbakonam. Therefore, it is the responsibility of the Corporation to ensure that no building owner, who is bound in law to have these devices in place, fails to provide such safety measures. Even in this regard, the respondent Corporation shall issue notice to the various buildings mentioned above by the fire department and also any other building which does not have the fire safety measures, give them some time to install the necessary equipment and then provide them with the fire service licence. Even at the time of sanctioning the plan, the concerned authorities shall ensure that necessary fire safety measures are provided in the buildings to be constructed. 6. We also incorporate in our order the suggestions given by the party which has impleaded itself. These are the suggestions which the Corporation may take note of so that the unauthorised building menance is minimised. Those suggestions are : " i. The ' Coimbatore Metropolitan Development authority' may be constituted within six months with transparent and updated rules and regulations, whereby the time taken to secure building permissions will not exceed three months. ii. The Fire Safety authorities shall make inspection of all public buildings above 15 meters in height and inform the building owners to make the necessary changes in respect of fire safety regulations, within a stipulated time frame of six months. iii. Buildings with inadequate parking facilities should be fined and fines collected should be used to construct parking structures on the land belonging to the Corporation in the congested and non-scheme areas. iv. Implement a regularization scheme to regularise the public buildings which are in violation of building rules but with fire safety norms and parking requirements. v. The Third Respondent shall be entrusted to implement all proposed scheme roads in a time bound manner and submit a report to this Hon'ble Court. vi. To stop further unauthorised constructions, the Commissioner, Coimbatore City Municipal Corporation should be entrusted with the planning sanction powers to both commercial and residential buildings, with a time frame of 30 days either to approve or to reject the building plan. vii. If any construction is commenced without the sanctioned plan of the Corporation, the authorities can stop the building construction and also to arrest the building owner for any such violations. viii. If any construction is put up without the approved plan from the Corporation authorities, all basic amenities should not be extended to the said building and also the building owner should not be permitted to use the https://hcservices.ecourts.gov.in/hcservices/ building for the public. ix. If any construction is put up without the approved plan from the Corporation authorities, no commercial / business license should be sanctioned to any other institutions including the private and public sector offices." The writ petition stands disposed of with the aforesaid observations and directions. No costs. We place on record our appreciation for the efforts of the vigilant petitioner who has brought this to the notice of the Court . We also appreciate the immediate response of the Officers of the City Municipals Corporation, Coimbatore. Gp Sd/ Asst. Registrar /true copy/ Sub Asst.Registrar To 1. The Secretary to Government Municipal Administration & Water Supply, Fort St. George, Chennai – 600 009. 2. The Secretary to Government Housing & Urban Development Dept. Fort St. George, Chennai – 9. 3. The Joint Director Local Planning Authority, Tatabad, Coimbatore – 12. 4. The Commissioner, Coimbatore City Municipal Corp. Coimbatore – 1. 1 cc To The Government Pleader, SR.62080 1 cc To Mr.R.Sivakumar, Advocate, SR.62116 1 cc To Mr.S.Sathish, Advocate, SR.62119 1 cc To Mr.R.Parthiban, Advocate, SR.62477 W.P. No: 47702 of 2006 NG (CO) SS (30.11.2009) https://hcservices.ecourts.gov.in/hcservices/