Judgment Case ID: 6217

Judgment:
ivil Appeal No. 4447 of 1989. From the Judgment and Order dated 28.4. 1989 of the Delhi High Court in C.W.P. No. 3090 of 1987. Kapil Sibal	 Manoj Prasad and Dalveer Bhandari for the Appellant. F.S. Nariman	 Soli J. Sorabjee	 H.N. Salve and K.J. John for the Respondents. The following Order of the Court was delivered by VENKATACHALIAH	 J. The New Delhi Municipal Committee (NDMC) seeks special leave to appeal to this court from the order dated 28.4. 1989	 of the High Court of Delhi in Civil Writ Petition 3090 of 1987. In the writ petition	 Statsman Ltd.	 and its Managing Director	 Respondents 1 and 2 respec tively herein	 sought to impugn the decision of the NDMC dated 18.2. 1987	 declining to sanction the Revised Plans for the construction of "Statesman House" a high rise building on plot No. 148	 Barakhamba Road New Delhi	 of which the first respondent is the lessee. The High Court allowed the writ petition and directed the NDMC to convey its formal sanction of the building plans on or before the 5th day of May	 1989. The NDMC assails the decision of the High Court on grounds	 596 principally	 that the plans for the multi storeyed high rise building	 as proposed by Statesman Ltd.	 did not	 in the matter of the fire safety requirements	 accord with the mandatory requirements of the Statutory Building Bye laws promulgated under the Punjab Municipal Act 1911	 in relation to the Union territory of Delhi and that the proposed build ing did not also provide for a "podium/pedestrian walk way" made mandatory by the Zonal Development Plan for Zone D 1 (viz. Connaught Place Area) approved by the Central Govern ment on 30th April 1966 in No. 21023(7)66 UD under Section 9(2) of the Delhi Development Act 1957. We have heard Sri Kapil Sibal learned Senior Advocate for the NDMC and Sri Nariman and Sri Soli J. Sorabjee learned Senior Advocate for the Statesman Ltd and its Manag ing Director. Special Leave is granted. Respondent No. 1	 a publisher of Newspapers	 holds a lease in perpetuity from Government of the plot No. 148	 Barakhamba Road	 New Delhi. In the year 1980 Respondent No. 1 sought for	 and obtained	 permission from the Land Devel opment Officer	 to erect a high rise building of an area of 1	62	000 square feet and paid Rs.63	40	918 as betterment levy. On 4.5.1982 it applied for	 and on 29.8. 1980 ob tained	 sanction from the NDMC of its building plans	 valid for 2 years. The sanction was revalidated for a further period of two years. In June 1985	 however	 there was	 it would appear	 prohibition on high rise structures. But this prohibition	 in relation to Connaught Place area	 was lifted on 18.7. On 29.12. 1986 Respondent No. 1 submitted Revised plans incorporating therein substantial changes in the plans necessitated	 as it was claimed	 by the changing require ments of printing technology and the plans as earlier sanc tioned did not meet these altered requirements. The new building	 as envisaged by the revised plans	 would accommo date the printery of the Respondent 1	 its offices and other offices and business accommodation. On 7.1. 1987 the appel lant forwarded the Revised plans to the Delhi Urban Art Commission (DUAC) in compliance with the requirements of Section 12 of the Delhi Urban Art Commission Act 1973 which envisages that	 notwithstanding anything contained in any other law for the time being in force	 every local body shall	 before according approval in respect of any "building operations" or "development proposals" refer the same to the DUAC for its scrutiny. Section 12 further provides that the decision of the DUAC in that behalf shall be binding on such local 597 body. The DUAC did not promptly scrutinise the plans but engaged itself in some correspondence with the NDMC as also with the Ministry of Urban Development	 Government of India	 seeking what it referred to as the "requisite clarifica tions"	 "clear cut finalised policy" and "guidelines" for it to be able to process the plans. However	 by communication dated 18.2. 1987	 the NDMC in exercise of power under Section 193(3) of the Punjab Municipal Act	 1911	 rejected the plans	 assigning 28 rea sons for the rejection. On 14.5. 1987	 the Architect of First Respondent claiming to have subsequently complied with or clarified the points on which the rejection was based	 resubmitted the plans. On 26.5. 1987	 the Architects wrote to NDMC to reconsider its decision dated 18.2. 1987	 in the light of the rectifications effected. However	 no positive response having emanated from the NDMC Respondents 1 & 2	 on 27.10.1987	 filed the Writ petition in the High Court for an appropriate order directing the DUAC and the NDMC to "forth with deal with the application for grant of sanction". Sometime in March 1988	 the Chief Fire Officer	 Delhi Fire Services	 and the Deputy Commissioner of Police (Traf fic)	 New Delhi	 were impleaded to the proceedings. During the pendency of the proceedings in the High Court	 the DUAC which had earlier considered the plans to be 'conceptually unsatisfactory ' took a decision to approve the plans. So did the Chief Fire Officer who	 by his communication dated 9.3.1988	 gave clearance to the building plans in relation to the Fire safety precautions. The High Court considered the objection raised by the Deputy Commissioner of Police (Traffic) as unrelated to the bye laws as applicable to the situation and held that the objection from that source should not interdict the sanction of plans by the NDMC. During the pendency of the proceedings	 the High Court required the parties to sort out their differences. On 9.12. 1988	 the High Court had occasion to say: " . . We have no doubt that the NDMC will grant the final approval without wasting any further time. In case the meeting of the Building Plans Committee of NDMC is not sched uled to be held within two weeks	 the NDMC will so arrange that a special meeting is held so that the matter is not delayed any further. Case to be listed before Court for final orders and disposal on February 3	 1989. In the course of the order dated 28.4.1989 finally dis posing of 598 the writ petition	 the High Court after referring to what is considered to be a co operative attitude of the DUAC and other authorities	 however	 had this to say of the NDMC: "However	 to our surprise on the final date of arguments	 that is	 on 31.3. 1989 the NDMC changed its counsel and the Standing Counsel for NDMC appeared instead of Mr. H.P. Sharma	 advocate who had been appear ing throughout . . " "But surprisingly NDMC was not willing to take a decision and continued to raise frivo lous objections for reasons best known to it. Inspite of the fact the clearance had been granted by Urban Art Commission as also by all other Authorities the sanction was not con veyed and was withheld for no reasons. This attitude of NDMC is beyond our understanding. Since I have come to the conclusion that no objection remains from any Authority I am of the opinion that non sanction of the plans on the part of the NDMC is absolutely unjustified and cannot be supported by any reason whatso ever. " The High Court was persuaded to the view that NDMC 's disinclination to accord sanction to the plan was unjusti fied; that whatever reservations it had had as to the ade quacy of the fire safety measures	 as envisaged in the Building designs	 were allayed by the Chief Fire Officer 's clearance and held that	 thereafter	 there was no impediment to the sanction. The High Curt	 accordingly	 directed the NDMC: " . . to convey its formal sanction of the building plans and release the same to the petitioner Company on or before the 5th day of May	 1989 . . " 5. Before us	 Appellant NDMC has aired a serious griev ance both against the validity of the reasoning of and conclusion reached by the High Court as also the manner of the conduct of proceedings which were	 according to the appellant	 initially more in the nature of efforts directed towards the resolution of the dispute by mutual negotiation than by adjudication	 but acquired an adjudicative complex ion with such suddenness that appellant was denied a reason able opportunity of elaborating on the substantial issues	 of serious public importance pertaining	 as they did	 to a vital area of fire safety precautions in highrise buildings as conceived in the Building Bye laws. It is submitted 599 that the High Court failed to consider submissions of the appellant on certain vital issues. In his affidavit dated 6.6. 1989	 filed in this Court	 Sri H.P. Sharma	 learned Advocate who appeared for the NDMC before the High Court stated: " . . Again	 it is clear from the order that the entire matter was being conducted in a spirit of compromise which shows that in stead of adjudicating upon the issues in the Writ Petition	 parties to the petition were required to resolve the matter amicably. On March 31	 1989	 Mr. S.D. Satpate	 Chief Archi tect	 NDMC and Mr. Karam Chand	 Dy Architect	 NDMC were present in Court. Counsel for NDMC informed to the Court of the presence of the said persons who were ready to assist the Court as certain objections were still outstanding. However	 the Court did not ascertain from any of the Officers if they had any objections. Conse quently	 the Hon 'ble Court was not informed of the details of the said objections of the NDMC. Instead	 the Court issued Rule on the same date and proceeded with the matter. I	 as counsel appearing on behalf of NDMC along with Mr. Bikramjit Nayyar	 Advocate requested the Court that the NDMC wished. to file an Affida vit giving details of the outstanding objec tions. Time was sought to file the said affi davit. Counsel for NDMC also indicated that the normal practice of the Court is to issue Rule and thereafter fix the case for final disposal giving an opportunity to the parties to file additional affidavits	 if any for the disposal of the petition. However	 the Court declined the request and directed counsel for NDMC to proceed with the hearing on that very date. The matter was proceeded with and Judg ment was reserved on that date. During the course of the hearing the standing counsel for the NDMC raised the issue of the applicability of Bye law 16.4.8 of the applicable Building Bye laws of the NDMC and submitted that the clearance of the Chief Fire Officer did not prevent the NDMC from enforcing the applicable bye laws. Standing counsel for the NDMC also submitted to the Court that the approval of the DUAC was conditional. However	 the Court in the light of the statement of counsel for the DUAC did not deal with the issue of the applicability of Bye law 16.4.8. " (Emphasis Supplied) 600 To similar purport and effect is the affidavit of Sri Sat pate the NDMC 's Chief Architect. Before we examine the specific contentions raised in the appeal	 it is necessary to refer to certain basic fea tures of the proposed building in relation of its fire safety aspects. The eligibility of the proposed construction for sanction except on the point of adequacy of "Refuge areas" in the requirement of a "pedestrian walk way" and "Podium" is not otherwise disputed. The proposed "Statesman House" envisaged by the plans is a fifteen storey	 55.2 meter high structure its High rise portion being a cylindrical structure with a hollow core open to sky. On each of the floors above the 4th floor	 commencing above the height of 15 meters	 there is a 5 foot wide circular passage on the inner side of the circle over looking the central vacant area. These passages which are connected to the lift areas	 provide access to the accommo dation on the respective floors. Only an arc of the circular passage in each of the floors is visible from and overlooks the front of the building. Respondent No. 1 claimed that these inner circular passages answer the description and serve the purpose	 of "Refuge areas" required to be provided as fire safety measures. In so designing	 the Architects seek to combine general utility and "Refuge areas". The question is whether this architectural and design resource fulness	 which enables Respondent 1 to claim these	 other wise essentially functional and utility areas	 also as 'refuge areas ' for fire safety	 really satisfies the re quirements of the Bye laws. We may now turn to the requirements of the Bye laws in this behalf. Fire protection requirements	 generally are dealt with by bye law 17.1 and 17.2 which provide: "17.1 Buildings	 shall be planned designed and constructed to ensure fire safety and this shall be done in accordance with part IV Fire Protection of National Building Code of India	 unless otherwise specified in these bye laws. In the case of buildings (identified in Bye law No. 6.2.4.1)	 the building schemes shall also be cleared by the Chief Fire Officer	 Delhi Fire Service" "17.2 The additional provisions related to fire protection of buildings more than 15m in height and buildings identified in 6.2.4.1	 shall be as given in Appendix K." 601 The proposed building is over 15 meters in height and attracts Bye law 16.4.8 which	 inter alia	 provides: "Refuge Area For all buildings exceeding 15 m in height	 refuge area shall be provided as follows: (a) For floors above 15m and upto 24m one refuge area on the floor immediately above 13m. (b) For floor above 24m and upto 36m one refuge area on the floor immediately above 24m. (c) For floor above 36m one refuge area per every five floors above 36m. This Bye law specifies the location	 at various heights		 of the "refuge areas". The structural nature and basis of its calculation of the extent of these "Refuge areas" are dealt with by Bye law 16.4.8.1. which provides: "Refuge area shall be provided on the external walls as cantilever projections or in any other manner (which will not be covered in FAR) with a minimum area of 15 sq. and to be calculated based on the population on each floor at the rate of 1 sq. m. per person. " (Emphasis Supplied) The expression "External Wall" is a defined expression. Bye law 2.27 says: "An outer wall of a building not being a partition wall even though adjoining to a wall of another building and also means a wall abutting on an interior open space of any building." In the plans	 the disposition of the 'refuge area ' is	 admittedly	 not in strict accord with the prescription of Bye law 16.4.8 which requires the location of 'refuge areas ' for a group of floors as specified therein. The Bye law does not contemplate one for each floor as now provided in the plans. The 'refuge areas ' are not provided on the outer "external" wall; but are on the wall abutting the inner circular vacant space forming the floor of the hollow care of cylindrical structure. As the entrance is now designed and conceived fire fighting and rescue 602 equipment cannot	 it would appear	 be carried into this inner area. But Respondent 1 claims that the walls on which these refuge areas are provided about the inner vacant space and are eligible to be called 'External ' walls within the meaning of Bye law 2.27. The NDMC by its communication dated 14.3.1989 to the Chief Fire Officer expressed its reservations as to the correctness and propriety of the clearance to the plans accorded by him on 9.3. By his reply dated 30.3. 1989	 the Chief Fire Officer	 in justification of the approval which he gave stated: "the consultants have proposed refuge area at each floor above 15m level	 which is consid ered to be more convenient and reliable be cause there is hardly any scope of smoke logging due to centre core open to sky." (Emphasis Supplied) 8. The contentions urged by Sri Sibal in support of the appeal are: (i) Bye Law 16.4.8 prescribes that in respect of all buildings exceeding 15 metres in height there shall be provision for refuge areas at specific locations for a specific group of floors. The requirement is mandatory as it is guided by the considerations of the need to direct and concentrate rescue operations at particular	 pre fixed locations. The Bye law is binding on the Chief Fire Officer who is not competent to relax the rigor of its pre scriptions. (ii) The 'external ' walls spoken of by Bye law 16.4.8.1	 though so defined in Bye law 2.27 as to include a wall "abutting on an interior open space of any building"	 however	 having regard to the purpose of the Bye law can only refer to an outer wall accessible to the rescue team. The definition is. as always	 subject to the context requiring a different meaning. For purposes of Bye law 16.4.87 an "external" wall should be understood with reference to an open area from which rescue operations are possible. In the present case the construction of the Bye law suggested by the respondent company would be justified only if fire fight ing and rescue operations could be conducted from the inner open space. In the present case	 603 having regard to the lack of access to the inner vacant space for fire engines etc.	 the proposition of Respondent 1 is not even a statable possibility. (iii) The clearance from the Chief Fire Offi cer	 Delhi Fire Service	 envisaged in Bye laws 17.1 is in addition to the requirements of bye laws 16.4.8. and 16.4.8.1. The said clear ance is one of the conditions for eligibility of the plan to be considered for accord of sanction by the NDMC is not in substitution of the requirement of compliance with the objec tive prescriptions of those bye laws. The primacy to the Chief Fire Officer 's implicit in the approach of the High Court is erroneous and virtually renders the clearance of the Chief Fire Officer binding on the NDMC. It is the NDMC and NDMC alone that can decide wheth er the plans satisfy the Bye laws in any particular case. A reasonable construction bye laws 6.2.4.1	 16.4.8.	 16.4.8.1	 17.1 and 17.2 would detract from the validity of the first respondent 's claim and establishes that the clearance from the Chief Fire Officer is one of the conditions and not the sole or conclusive test of the adequacy of fire safety measures in terms of the relevant Bye laws. (iv) The view of the Chief Fire Officer that the design of the Refuge areas in the plans is "more convenient and reliable" is factually and technically unsound as the very nature of the cylindrical structure with a hollow core would promote a "stock" or chimney effect. The Chief Fire Officer 's view is not final or conclusive on the point and	 at all events	 not binding on the NDMC. (v) The construction of a Pedestrian walk way and Podium are mandatory not under the bye laws but from the requirements of a zonal plan of zone D 1 in which plot No. 148	 Barakhamba Road is located and that no relaxation of the requirement would be permissible except on a modification of the relevant Zonal Development Control Plans. The provision for "pedestrian walk way" and "podium" is	 therefore	 mandatory under the Zonal Development Plan and that no authority including the Chief Fire Officer could compel an abandonment of those statutory presumptions. 604 (vi) That in the manner in which the case before the High Court proceeded the NDMC was denied a reasonable and effective opportunity of presenting its case. Considerations of public safety underlying the stand of the NDMC was not properly appreciated and the NDMC should have been afforded an opportunity to substantiate its valid objections to the plans. (vii) The grant of relief in the writ petition in the form of a direction to the appellant to sanction the plan was not permissible and that	 at best	 the High Court could have directed the appellant to reconsider the question of according sanction to the plans in the light of the High Court 's order. Sri Nanman	 for the respondent company however	 submitted that the objection to the plans raised by the appellant on the basis that the refuge areas were not in accordance with the Bye laws was a classic after thought on the part of the Appellant. Bye laws 16.4.8 and 16.4.8.1 learned counsel urged	 were merely prescriptive of certain minimal standards of fire safety precautions	 it being always open to the owner to build into the designs better and more satisfactory standards of fire safety precautions and that in the present case the Chief Fire Officer who was a technical authority	 had himself accepted the designs in that behalf as better and more reliable. Learned counsel urged that out of the 28 reasons put forward by the appel lant on 18.2. 1987 in support of the rejection of the plans	 not even one referred to its present insistence that the refuge areas should be built only at the levels suggested in the Bye law or that the refuge area did not abut the "exter nal wall" Shri Nariman further pointed out that in the communication dated 18.2.1987 all that was sought to be said	 with reference to the refuge areas in each floor	 was that the same had not been taken into account in the calcu lation of the F.A.R. Shri Nariman said that bye law 16.4.8 in its language and content had been bodily lifted from the corresponding prescriptions in the "National Building Code of India" (1983)	 from the provisions of part IV relating to "Fire Protection". The said Code itself indicated that the norms in regard to fire protection referred to therein were only broad guide lines and were not to be construed to prohibit better arrangements. Shri Nariman referred to the following excerpts from part IV of the said Code at para 0.2 and 0.7: 605 " . . An indefinite combination of variable is involved in the phenomenon of fire	 all of which cannot be quantified. The requirements of this Code should	 therefore	 be taken as a guide and an engineering design approach should be adopted for ensuring a fire safe design for buildings. It would also be necessary for this purpose to associate quali fied and trained fire protection engineers with the planning of buildings	 so that ade quate fire protection measures could be incor porated in the building design fight from the beginning." (Emphasis Supplied) "0.7. Nothing in this part of the Code shall be construed to prohibit better types of building construction	 more exits or otherwise safer conditions than the minimum requirements specified in this part." (Emphasis Supplied) It was	 accordingly	 urged that the prescriptions in bye law 16.4.8. and 16.4.8.1 were not inflexible and wherever more liberal and better standards of fire precautions were incor porated in the designs	 the bye laws did not prevent such better measures being adopted by the licencing authority. It was further urged that the Chief Fire Officer was the au thority competent to decide questions whether the provisions incorporated in the designs were better and more liberal and that his decision in the matter ought to be conclusive and binding on the licencing authority. In regard to the adequa cy and acceptability of fire safety measures in the build ing design	 it was urged	 the bye law	 recognised and ac corded a primacy of place to the decision of the Chief Fire Officer and that	 indeed	 para K 1 of Appendix K 'read with bye law 17.2 recognised the importance of	 and finality	 to the decision of the Chief Fire Officer. The said para K 1 Appendix K reads: "K 1 In addition to the provision of Part IV Fire Protection of National Build ing Code of India	 the Chief Fire Officer	 Delhi Fire Service may insist on suitable provisions in the building from fire safety and fire fighting point of view depending on the occupancy and height of buildings. " The decision of the Chief Fire Officer to accept the distribution of refuge areas in each of the floors	 it was said	 was referable to the general power of the Chief Fire Officer to issue such directions. In the 606 present case	 it was urged	 the designs providing for refuge areas in the ratio of one sq. metre per person on each floor was considered by the Chief Fire Officer as a better and more reliable fire safety measures than those envisaged by the bye laws and the Chief Fire Officer preferred to accept them. Shri Nariman sought to point out that in the Annexure B. 1 to the Affidavit dated 7.7.1989 of respondent No. 2 a list of six buildings had been set out respecting which the sanctions granted by the NDMC indicated that the local body had itself understood the prescriptions in the bye laws to be flexible and had further limited the extent of the Ref uge Areas to 0.3 sq. metre per person as against 1 Sq. metre per person set out in bye law 16.4.8.1. As to the requirement of bye law 16.4.8.1 that the refuge area shall be provided on the "external walls" is concerned	 Shri Nariman relied upon the definition in Bye law 2.27 to say that a wall abutting an inner vacant space is also an "external wall" and the acceptance of the cor rectness of this position was implicit in the clearance given by the Chief Fire Officer. The words "in any other manner" in Bye law 16.4.8.1 it is urged	 makes room for the requisite flexibility. In regard to the "pedestrian walk way and "podium" it was pointed out that the insistence upon these was again	 a glaring instance of the inexhaustible resourcefulness of the appellant to thwart Respondent 's project. It was pointed out that none of the 28 objections raised in the NDMC 's communication dated 18.2.1987; nor the further objections raised on 6.2.1989; nor	 indeed	 the objections raised by NDMC on 14.3. 1989	 to the clearance given by the Chief Fire Officer who	 incidentally	 had advised the deletion of podium in view of the obstruction it would present the fire brigade appliances	 had the NDMC raised the question of the alleged infirmity in the plans for want of provision for the walk way and Podium. It was also pointed out that in none of the counter affidavits filed in the High Court nor in the memorandum of Special Leave Petition; nor in the written submissions filed before this Court had this question been agitated by the NDMC. It was pointed out that the committee constituted by the order No. 10(24) RN 83/731/7714 24 dated 13.6.1983 made by the Lt. Governor	 Delhi	 had in its report of 5.2.1986 suggested the doing away with the proposal to construct a raised pedestrian walk way on either side of Barakhamba Road as	 in the view of the committee	 the "head clearance under this proposed walk way will be such that cars 607 will be able to pass under it	 but fire/rescue appliances will not be able to approach any where near the buildings beyond the raised walkway. " It was pointed out that the committee was also of the opinion that these walk ways	 if and when constructed	 would nullify all fire safety measures in the buildings on either side of the Barakhamba Road. Shri Nariman referred to the advice of the Chief Fire Officer with regard to the present plans themselves that the walk way and the podium be dispensed with. It was	 therefore	 urged that the insistence on the construction of the pedestrian walk way while being wholly undesirable	 was also a glaring instance of how by these after thoughts appellant made manifest its determination to delay and defeat respondent 's project. On the contentions urged	 the points that fall for consideration are: (a) Whether Bye law 16.4.8 as to the disposition and location of the "Refuge Areas" prescribes an inflexible	 rigid standard and whether the location and distribution of the refuge areas in each floor is violative of the Bye law? (b) If point (a) is held in the nega tive	 whether the clearance given to the plan by the Chief Fire Officer	 on the view that distribution of the refuge areas in each floor is a better and more reliable fire safety measure is conclusive and binding on the NDMC. In other words	 is it open to the NDMC to examine and decide the question independently of the Chief Fire Officer 's clearance? (c) Whether the Refuge Areas located on the walls abutting the inner vacant area be held to satisfy the requirements of Bye law 16.4.8.1? (d) Whether the extent of 'Refuge Area ' requires to be reduced from 1.0 sq. metre per person to 0.3 sq. metre per person? (e) Whether the NDMC is justified in insisting upon the erection of "Pedestrian Walk way" and a "Podium" in front of the proposed building? 13. Re: points (a) and (b): A number of affidavits and counter 608 affidavits are placed before us on the scope of the Bye laws. It is not necessary to examine all of them as the matter is essentially one of construction of the provision itself. The contents of Bye laws 16.4.8 and 16.4.8.1 are borrowed from Part IV dealing with "Fire Precaution" in the National Building Code of India	 1983. The Code conceives of these prescriptions as only broad guide lines. But the Building Bye laws in the present case which have drawn on these provisions from the Code have	 however	 assimilated them as part of the statutory prescriptions under the Bye laws. The NDMC says that once this is done the norms are no longer directory but assume statutory import and become mandatory. In the infinite variety of ways in which the problem of adequate fire safety measures to be incorporated in build ings present themselves	 and having regard to the wide and complex range of situational variations in the location	 character and design of buildings and their disposition in relation to the other factors influencing the evaluation of such safety measures	 a view favoring flexibility of ap proach ought to commend itself. The National Building Code of India	 from which the substance of the Bye laws are drawn	 indicates that these are concerned with indicating certain broad minimal assurances for fire safety and that better and more reliable measures ought not to be excluded. We are not	 however	 impressed by the submission that the six instances cited in Annexure B 1 to Affidavit dated 7.7.1989 of respondent No. 2 are really instances demon strating departure	 from the present stand of the appellant. indeed	 appellant points out that out of the six buildings referred to in Annexure B 1	 only two i.e. No. 23	 Barakham ba Road and DLF Plaza	 21 22	 Narendra Place	 were dealt with by the NDMC and that the rest were dealt with by the D.D.A. The affidavit of Shri Karamchand	 Architect	 NDMC overs that no sanction was given in respect of No. 23	 Barakhamba Road and that no departure from Bye laws 16.4.8	 as understood by the NDMC	 was involved in the case of the DLF Plaza building. The explanation offered is	 in our opinion	 acceptable and	 nothing much turns upon the cases referred to in Annexure B 1. 14. But that is not to say that the rigid interpretation sought to be placed by the appellant on the bye law 16.4.8 and 16.4.8.1 is justified. It is	 of course	 wise in the interest of uniformity of administration of these Bye laws and of elimination of possible complaints of partisanship	 that the NDMC should insist upon adherence to the require ments of the Bye law 16.4.8 on its own strict terms. That 609 should not	 however	 denude the power of the appellant to accept designs which	 in the judgment of the appellant	 offer and incorporate fire safety precautions of higher measure. When fast and sweeping changes are overtaking the fundamental ideas of building design and construction and new concepts of building material are emerging	 it would be unrealistic to impute regidity to provisions essentially ' intended to promote safety in building designs. As suggested in the National Building Code Bye law	 provisions such as Bye law 16.4.8 envisage certain minimal safety standards compliance with which should	 generally	 be insisted in order that there be uniformity and equal treatment and an elimination of imputations of favoritism and arbitrariness. If a building design incorporates fire safety measures in a measure promoting fire safety precautions far better than those suggested by the Bye laws	 they should not fetter the hands of the licensing authority to accept them. Under the relevant statute and the Bylaws	 the authority to grant or refuse the licence is the NDMC. It has the power to decide whether any proposals are an improvement on the prescrip tions contained in the Bye laws which	 indeed	 is a matter of some complexity and	 in conceivable cases	 one calling for expertise is the NDMC itself. From the way the National Building Code	 from which the provision is borrowed	 has treated such provisions	 it is not unreasonable to presume that the requirements were incorporated in the Bye laws with a similar approach as to their import. The clearance from the Chief Fire Officer envisaged by Bye law 17.1 is an additional condition and not a limitation on the power of the NDMC to satisfy itself that the building plans provide for adequate fire safety precaution in accordance with its bye laws or in a better measure. The clearance by the Chief Fire Officer	 which is expected to involve and follow a technical assessment and evaluation	 obliges the NDMC to give due weight to it but	 having regard to the scheme and language of the Bye laws the decision of the Chief Fire Officer is not binding on the NDMC. We accept the submis sions of Shri Sibal that clearance of the plans by the Chief Fire Officer would not render it obligatory on the part of the NDMC ipso facto to treat the plans as necessarily com plying with the requirements of relevant Bye laws. While the clearance by the Chief Fire Officer is an indispensable condition for eligibility for sanction	 however	 such clear ance	 by itself	 is not conclusive of the matter nor binding on the NDMC. On the material placed before us we are inclined to hold on points (a) and (b) that the requirements of Bye laws 16.4.8 are not inflexible and that in appropriate cases	 where the plans and designs incorporate fire safety measures which	 in judgment of the NDMC	 are considered to provide for the safety in a measure better than those 610 envisaged by the Bye laws 16.4.8	 the NDMC would not be precluded from accepting them. Whether the plans submitted by Respondent 1 distributing 'Refuge Areas ' in each floor provide such a better and more reliable fire safety measure is a matter for the decision of the NDMC. We also hold that the clearance from the Chief Fire Officer in this behalf though entitled to weight	 would not be binding on the NDMC which can and is entitled to examine the question independ ently of such clearance from the Chief Fire Officer. Re: point (c): Bye law 16.4.8.1 requires that Ref uge Areas shall be provided on the "external walls" by means of cantilever projections or "in any other manner". In the present case the Refuge Areas are provided on the walls that open into an inner vacant space. They are provided on walls which respondents say are "external walls" having regard to the definition of that expression in Bye law 2.27. The definition is not conclusive; but is subject to the context indicating a contrary import. The purposes of refuge areas include that in the event of an out break of fire in the building	 persons exposed to the hazard should be able to have immediate access to a place of safety which by its access to fresh air insulates them from heat and smoke and further that those persons could conveniently be extricated and rescued to safety by rescue operations. The word "exter nal wall" in Bye law 16.4.8.1 which is a provision intended to promote public safety	 health and well being must receive a purposive construction which promotes those objects and purposes. Refuge area located on a wall though abutting an inner vacant space would not	 by itself	 promote the object if the vacant space is such that no rescue operations are possible to be conducted therefrom. If the fire fighting and rescue equipment cannot have access to such inner vacant space	 then	 in the context of the specific objectives of bye laws 16.4.8.1	 the wall abutting such inner vacant space would not be an "external" wall for purposes of the said bye law. Having regard to the very purpose of providing for "Refuge Areas" intended	 as it is	 to secure protection to persons in the event of an out break of fire in a high rise building	 the expression "external wall" must be held to be one which abuts a vacant space to which fighting and rescue equipment can have access and from which rescue operations are feasible. We find it difficult to accept the submissions of Sri Nariman based purely on the definition in Bye law 2.27. The definition is subject to the context suggesting or requiring a different meaning. The context here does suggest such a different import. Having regard to purpose Bye law 16.4.8.1 is intended to serve "Refuge Areas" must be located on walls which open into vacant space from which rescue operations are possible. NDMC should decide this question and examine whether such rescue 611 operations are feasible from the inner circular vacant space. This is an exercise individual to each case and to be judged on case to case basis. The words 'in any other man ner ' in Bye law 16.4.8.1 are not intended to envisage a totally different idea of the location of 'Refuge Areas ' but	 prima facie	 intended to suggest some feasible alterna tive to the technical design of the construction of the Refuge Area Whether it should be a cantilever projection or designed in some other way. Point (c) is held and answered accordingly. Re: point (d): One of the contentions raised by Sri Nariman was that the insistence of 1 sq. m. per person for calculating the extent of the Refuge Areas is discriminatory as the NDMC had reduced the requirement only to 0.3 sq. m. per person in many other similar highrise buildings. In the course of the counter affidavit filed by Sri Karam Chand	 Architect of NDMC	 this claim that the extent of refuge area could be calculated at 0.3 sq. metre per person instead of 1.0 sq. metre per person is not disputed. Indeed	 it is stated in the said affidavit: " . . The NDMC does not have any objection to the provision of 1.0 sq. metre per person as required by by law 16.4.8.1. In the event the Statesman Limited wish to provide only 0.3 sq. metre per person in accordance with the resolution of August 4	 1988	 the NDMC would have no objection to the same and the States man Limited in this regard be directed to amend their building plans in accordance with their desires . . " Respondents are therefore at liberty to limit the Ref uge Areas to 0.3 sq. metre per person as against 1.0 sq. metre per person. Re: point (d): This relates to the insistence on construction of a "pedestrian walk way" and a "podium" parallel to Barakhamba Road in front of the proposed build ing. Though the zonal development plans envisaging a raised pedestrian walk way on either side of Barakhamba Road and the provision for podia connecting the building with the walk way were accepted and an appropriate notification issued way back in 1966	 no steps appear to have been taken to give effect to them in a uniform manner. In the very nature of the concept of a pedestrian walk way on either side of the road	 the insistence for provision of such a walk way in an individual case without the integration and continuation of the walk way along the whole of the road	 612 would indeed	 be purposeless. Several authorities	 including a committee constituted by the Lt. Governor of Delhi in 1983 and the Chief Fire Officer	 have advised against the imple mentation of the proposal. In the instant case the Chief Fire Officer has	 it is not disputed	 expressly opined against the desirability of such a 'walk way '. The NDMC has to bestow serious re consideration on its insistence to have such a pedestrian walk way for the building	 if such walk ways do not already obtain in other buildings on the Road. The only way in which	 perhaps	 the zonal developmental requirements in this behalf and the difficulties and prob lems inherent in the insistence upon construction of such pedestrian walk way in an isolated particular case	 could be reconciled is to direct the NDMC	 in the event of its ap proving the plans otherwise	 to keep the requirement of the pedestrian walk way and the podium in abeyance for the present	 subject to a written undertaking to be lodged with it by the respondent 1 and 2 to the effect that whenever the policy to implement the Zonal Developmental requirements in this behalf is finally decided upon	 the respondent 1 and 2 would undertake to put up such a pedestrian walk way and Podium. The NDMC also	 if it so chose	 could secure the requisite financial guarantees for the construction of such a pedestrian walk way by the NDMC itself at the expense of the respondent if Respondent 1 and 2 fail to do so whenever so required. This course would	 while ensuring the prospect of compliance with the Zonal Development prescriptions	 if they are decided to be put into effect	 also allay the apprehension of Respondent 1 and 2 that Governmental author ities are dealing with the Statesman 's project with 'an evil eye and an uneven hand. Point (d) is answered accordingly. We might advert here to the grievance of Respondent 1 and 2 that the NDMC did not raise	 at the appropriate stage	 any specific objections to the plans on the ground that either they were not in conformity with Bye law 16.4.8 or 16.4.8.1 or that the plans were .defective for want of pedestrian walk way. Objection based on bye law 16.4.8.1	 it was urged	 was never in mind of the NDMC. These objections	 it was urged	 were developed from stage to stage leaving the inference inescapable that the NDMC was pre determined to decline the sanction for the 'Statesman House ' on one ground or another. We are afraid	 the way NDMC has developed its stance from time to time incurs and perhaps justifies this griev ance. Indeed	 at no stage of the proceedings before the High Court	 or even in important 613 communications bearing on the question of the sanction	 did the NDMC refer to the specific objection based on the lacuna that Refuge Areas were not located on the "external" walls	 as interpreted by the NDMC and the lack of a provision for the pedestrian walk way. Sri Nariman urged that we should not permit the NDMC to raise these belated and laboured objections. We have considered these submissions. We have proceeded to consider the contentions of the NDMC even on these points on the merits in view of the fact that they are matters of some general public importance	 though we are not unmindful that the NDMC has not been business like in the way it has dealt with the question from time to time. It is for this reason that though in view of the findings recorded on the various contentions	 the order dated 24.4. 1989 of the High Court requires to be and is hereby set aside	 however	 we keep this appeal pending for such final orders and directions as may become necessary to be issued. In the meanwhile. We permit Respondent 1 and 2 to effect such rectifications to the plans in regard to the Refuge Area as may be necessary in the light of the observa tions in this order. The refuge areas could be located in each of the floors separately	 provided that it could be shown to the satisfaction of the NDMC that such a measure would better promote fire safety in the building and	 pro vided further	 that they are located on external walls "by cantilever projection or in any other manner" abutting a vacant space from which rescue operations are rendered possible. If such rectifications to the plans are made and submitted within 3 weeks from today	 the NDMC will consider and decide the question of according sanction to the plans in the light of the observations in this order and without insisting upon any fresh clearance from DUAC or the Chief Fire Officer within 3 weeks thereafter and report to this Court the decision taken upon such re construction. This appeal shall be kept pending and be taken up for final disposal after the submission of the report from the NDMC in this behalf. If respondents 1 and 2 are aggrieved by such fresh decision of the NDMC	 those grievances shall be considered in the further proceedings in the appeal. It was also submitted to us that pending final decision	 respondents 1 and 2 should be permitted to com mence the construction as delays had entailed serious cost and time over runs. We permit 614 respondents	 at their option	 to commence the construction work according to the plans submitted by them	 on the condi tion that they file a written undertaking before the NDMC that the construction would be at the risk of the Respond ents 1 & 2 and it would not progress beyond a height of 15 metres and in the event of an ultimate rejection of the plans	 they would have no claim against the NDMC for any loss occasioned to respondent 1 and 2. 22. The appeal is directed to be called after 6 weeks to await the further report of the NDMC referred to in para 20 supra. Ordered accordingly.

Summary:
The respondent company obtained sanction of a building plan from the New Delhi Municipal Committee for the con struction of a building on a plot held by it on lease. After incorporating certain changes	 the respondent company sub mitted a revised plan for sanction of the New Delhi Munici pal Committee	 but the same was rejected by an order Dated 18.12.1987. A rectified plan was thereafter submitted by the re spondent to the New Delhi Municipal Committee	 for necessary sanction	 but as no orders were received	 the respondent filed a writ petition in High Court seeking a direction to the New Delhi Municipal Committee to deal with the same for grant of necessary sanction. During the pendency of the aforesaid writ proceedings the Delhi Urban Art Commission approved the plans as re quired under Section 12 of the Delhi Urban Art Commission Act	 1973. The Chief Fire Officer also gave clearance to the building plans in relation to the Fire Safety Precautions. The High Court allowed the Writ Petition by an Order dated 28.4.1989 holding that inspite of the clearance grant ed by the Urban Art Commission and the Chief Fire Officer	 New Delhi Municipal Committee 's disinclination to accord the sanction was unjustified	 and directed the New Delhi Munici pal Committee to convey the formal sanction in respect of the building plans. In appeal to this Court	 it was contended on behalf of the New Delhi Municipal Committee	 that (i) in the matter of fire safety requirements	 the building plans were not in accordance with Building Bye Laws for the Union Territory of Delhi	 1983; (ii) The clearance given by the Chief Fire Officer is not binding on the New Delhi Municipal Committee which can examine the question independently of such clear ance and (iii) the proposed building plan does not provide for a 'Podium"/"Pedestrian Walk way" as required under the approved Zonal Development Plan under Sec. 9(2) of the Delhi Development Act	 1957. Setting aside the High Court Order dated April 28	 1989	 this Court	 HELD: 1. The requirements of Bye Laws 16.4.8 arc not inflexible and in appropriate cases where the plans and designs incorporate fire safety measures which	 in judgment of the Corporation are 593 considered to provide for the safety in a measure better than those envisaged by the bye laws 16.4.8 the Corporation would not be precluded from accepting them i.e. if a build ing design incorporate fire safety measures in a measure promoting fire safety precautions far better than those suggested by the Bye laws they should not fetter the hands of the licencing authority to accept them. [609H; 610A	 609C] 1.1 Whether the plans submitted by Respondent distribut ing Refuge Area in each floor provide such a better and more reliable fire safety measures is a matter for the decision of the Corporation. [610A] 1.2 It is	 of course	 wise in the interests of uniformi ty of administration of these Bye laws and of elimination of possible complaints of ' partisanship	 that the Corporation should insist upon adherence to the requirements of the Bye law 16.4.8 on its own strict terms. That should not	 however	 denude the power of the Corporation to accept designs which	 in its judgment offer and incorporate fire safety precautions of higher measure. [608H: 609A] 1.3 When fast and sweeping changes are overtaking the fundamental ideas of building design and construction and new concepts of building material emerging	 it would be unrealistic to impute rigidity to provisions essentially intended to promote safety in building designs. [609A] 2. The clearance from the Chief Fire Officer envisaged by Bye law 17.1 is an additional condition and not a limita tion on the power of the Corporation to satisfy itself that the building plans provide for adequate fire safety precau tion in accordance with its bye laws or in a better measure. The clearance by the Chief Fire Officer	 which is expected to involve and follow a technical assessment and evaluation	 obliges the Corporation to give due weight to it but	 having regard to the scheme and language of the bye laws the deci sion of the Chief Fire Officer is not binding on the Corpo ration. [609E] 2.1 The clearance of the plans by the Chief Fire Offi cer would not render it obligatory on the part of the Corpo ration ipso facto to treat the plans as necessarily comply ing with the requirements of relevant bye laws. While the clearance by the Chief Fire Officer is an indispensable condition for eligibility for sanction	 however	 such clear ance	 by itself	 is not conclusive of the matter nor binding on the Corporation which is entitled to examine the question independently of such clearance from the Chief Fire Officer. [609G; 610B] 594 3. Bye law 16.4.8.1 requires that Refuge Areas shall be provided on the "external Walls" by means of cantilever projections or "in any other manner". The words "in any other manner" in Bye law 16.4.8.1 are not intended to envis age a totally different idea of the location of Refuge Areas	 but	 prima facie	 intended to suggest some feasible alternative to the technical design of the construction of the Refuge Area whether it should be a cantilever projec tion or designed in some other way. The purpose of Refuge Areas include that in the event of an out break of fire in the building	 persons exposed to the hazard should be able to have immediate access to a place of safety which by its access to fresh air insulates them from heat and smoke and further that those persons could conveniently be extricated and rescued to safety by rescue operations. Therefore	 "Refuge Areas" must be located on walls which open into vacant space from which rescue operations are possible. [610C	 611B	 610D G] 3.1 The word "external wall" in bye law 16.4.8.1 which is a provision intended to promote public safety	 health and well being must receive a purposive construction which promotes those objects and purposes. Having regard to the very purpose of providing for Refuge Areas the expression "external wall" must be held to be one which abuts a vacant space to which fighting and rescue equipment can have access and from which rescue operations are feasible. [610D; 610F] 3.2 In the instant case	 the Refuge Areas are provided on the wails that open into an inner vacant space. Refuge Area located on a wail though abutting an inner vacant space would not	 by itself	 promote the object if the vacant space is such that no rescue operations are possible to be con ducted therefrom. If the fire fighting and rescue equipment cannot have access to such inner vacant space	 then	 in the context of the specific objectives of bye law 16.4.8.1 the wail abutting such inner vacant space would not be an "external wall" for the purpose of the said bye law. The Corporation should decide this question and examine whether such rescue operations are feasible from the inner circular vacant space. This is an exercise individual to each case and to be judged on case to case basis. [610C; E	 H; 611A] 4. Though the Zonal Development Plans envisaged a raised pedestrian walk way on either side of Barakhamba Road and the provision for podia connecting the building with the walk way were accepted and an appropriate notification issued way back in 1966	 no steps appear to have been taken to give effect to them in a uniform manner. In fact several authorities including a Committee constituted by the Lt. Gover 595 nor of Delhi in 1983	 and the Chief Fire Officer	 have advised against the implementation of the proposal. In such circumstances insistence to have such a pedestrian walk way for the building	 if such walk ways do not already obtain in other buildings on the Road	 requires reconsideration. Moreover	 the insistence for provision of such a walk way in an individual case without the integration and continuation of the walk way along the whole of the road	 would indeed	 be purposeless. [611G H; 612A B] [Respondent to effect such rectifications to 'the plans in regard to the Refuge Area as may be necessary	 the New Delhi Municipal Committee to consider and decide the ques tion of according sanction to the plans without insisting upon any fresh clearance from Delhi Urban Arts Commission or the Chief Fire Officer. Appeal to be kept pending and be taken for final disposal after the submission of the report from New Delhi Municipal Committee]