w w w . L a w y e r S e r v i c e s . i n



M/S. Jewel Homes Pvt. Ltd., The Regional Fire Officer, Fire & Rescue Services, Kottayam & Others


Company & Directors' Information:- I SERVICES INDIA PRIVATE LIMITED [Active] CIN = U72900DL2003PTC118851

Company & Directors' Information:- S T SERVICES LTD [Active] CIN = L74140WB1989PLC047210

Company & Directors' Information:- M G F SERVICES LIMITED [Amalgamated] CIN = U65910DL1987PLC029599

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U65100DL1989PTC038061

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U74900DL1989PTC038061

Company & Directors' Information:- S J SERVICES PRIVATE LIMITED [Active] CIN = U74140DL1988PTC034427

Company & Directors' Information:- AMP E - SERVICES PRIVATE LIMITED [Active] CIN = U51909MN2013PTC008361

Company & Directors' Information:- E M SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U93090MH2001PTC131924

Company & Directors' Information:- K H HOMES PRIVATE LIMITED [Under Process of Striking Off] CIN = U45209TG2014PTC096357

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L51226WB1983PLC035807

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L93000WB1983PLC035807

Company & Directors' Information:- G K SERVICES PRIVATE LIMITED [Active] CIN = U65990MH1994PTC078529

Company & Directors' Information:- S G HOMES PRIVATE LIMITED [Active] CIN = U45400WB2007PTC116514

Company & Directors' Information:- A K SERVICES PRIVATE LIMITED [Active] CIN = U74899MH1986PTC268851

Company & Directors' Information:- N-HOMES PRIVATE LIMITED [Active] CIN = U45400UP2013PTC056395

Company & Directors' Information:- V. M. HOMES PRIVATE LIMITED [Active] CIN = U70102MH2010PTC205054

Company & Directors' Information:- B V SERVICES PVT LTD [Active] CIN = U74140WB1991PTC050946

Company & Directors' Information:- I S A SERVICES PRIVATE LIMITED [Active] CIN = U74140JH1995PTC006387

Company & Directors' Information:- V S P HOMES PRIVATE LIMITED [Active] CIN = U45209TG2013PTC086790

Company & Directors' Information:- D G HOMES PRIVATE LIMITED [Active] CIN = U45400DL2007PTC170366

Company & Directors' Information:- E I C SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC022426

Company & Directors' Information:- S K HOMES PRIVATE LIMITED [Active] CIN = U45400WB2010PTC148173

Company & Directors' Information:- P N HOMES PRIVATE LIMITED [Converted to LLP] CIN = U70101WB2006PTC110541

Company & Directors' Information:- S S HOMES PVT. LTD. [Active] CIN = U70101WB1994PTC064233

Company & Directors' Information:- JEWEL INDIA PRIVATE LIMITED [Active] CIN = U51109WB1994PTC066606

Company & Directors' Information:- A C SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070774

Company & Directors' Information:- H S SERVICES PRIVATE LIMITED [Active] CIN = U74900KA2014PTC074321

Company & Directors' Information:- K V R HOMES PRIVATE LIMITED [Strike Off] CIN = U45200KA2013PTC069802

Company & Directors' Information:- G V INDIA SERVICES PRIVATE LIMITED [Active] CIN = U74900DL2010PTC212026

Company & Directors' Information:- A TO Z SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2007PTC168484

Company & Directors' Information:- O P T SERVICES INDIA PRIVATE LIMITED [Active] CIN = U63013DL1996PTC083397

Company & Directors' Information:- P P SERVICES PVT LTD [Active] CIN = U70101WB1991PTC051423

Company & Directors' Information:- A P T SERVICES PRIVATE LIMITED [Amalgamated] CIN = U29219TG1999PTC031903

Company & Directors' Information:- S S SERVICES PVT LTD [Active] CIN = U51109AS1993PTC003956

Company & Directors' Information:- G & G SERVICES PRIVATE LIMITED [Active] CIN = U45201DL2012PTC230905

Company & Directors' Information:- JEWEL HOMES PRIVATE LIMITED [Active] CIN = U51398KL1998PTC012153

Company & Directors' Information:- R G HOMES PRIVATE LIMITED [Amalgamated] CIN = U70101WB2005PTC106481

Company & Directors' Information:- D J HOMES PRIVATE LIMITED [Strike Off] CIN = U45400MH2007PTC171863

Company & Directors' Information:- M L HOMES PRIVATE LIMITED [Strike Off] CIN = U45201TN2004PTC053141

Company & Directors' Information:- A N Y SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071457

Company & Directors' Information:- N B SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC056484

Company & Directors' Information:- P C SERVICES PRIVATE LIMITED [Strike Off] CIN = U00894KA1985PTC006606

Company & Directors' Information:- K C HOMES AND SERVICES PRIVATE LIMITED [Active] CIN = U45201UP1987PTC009138

Company & Directors' Information:- L. K. HOMES PRIVATE LIMITED [Strike Off] CIN = U45200TN2007PTC065798

Company & Directors' Information:- M. V. S SERVICES INDIA PRIVATE LIMITED [Active] CIN = U93000DL2013PTC252172

Company & Directors' Information:- S D SERVICES PVT LTD [Active] CIN = U51109AS1998PTC005293

Company & Directors' Information:- A & T HOMES PRIVATE LIMITED [Active] CIN = U45209TN2013PTC089558

Company & Directors' Information:- H AND B SERVICES LIMITED [Strike Off] CIN = U72900MH2004PTC145775

Company & Directors' Information:- C & R SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140KA1996PTC019645

Company & Directors' Information:- E AND A SERVICES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51900MH1989PTC054373

Company & Directors' Information:- T V HOMES PRIVATE LIMITED [Strike Off] CIN = U70109TN2009PTC073562

Company & Directors' Information:- A. H. SERVICES PRIVATE LIMITED [Active] CIN = U74990MH2009PTC193917

Company & Directors' Information:- M E R I T SERVICES PRIVATE LIMITED [Strike Off] CIN = U51900MH1999PTC118445

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900MH2009PTC293633

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2009PTC139742

Company & Directors' Information:- J. S. P. SERVICES PRIVATE LIMITED [Active] CIN = U63040DL1996PTC075731

Company & Directors' Information:- M G FIRE (INDIA) PRIVATE LIMITED [Active] CIN = U74900KA2015PTC081323

Company & Directors' Information:- K AND J HOMES PRIVATE LIMITED [Active] CIN = U70109KL2015PTC038666

Company & Directors' Information:- P. S. HOMES PRIVATE LIMITED [Strike Off] CIN = U45201OR2008PTC009838

Company & Directors' Information:- INDIA SERVICES LIMITED [Liquidated] CIN = U99999TN1946PLC000976

Company & Directors' Information:- U M S SERVICES LIMITED [Active] CIN = U03210TZ1982PLC001208

Company & Directors' Information:- A T E SERVICES LIMITED [Strike Off] CIN = U74140MH2001PTC132923

Company & Directors' Information:- SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL1996PTC078465

Company & Directors' Information:- G I SERVICES INDIA LIMITED [Active] CIN = U74140DL2008PLC184088

Company & Directors' Information:- J P HOMES PVT LTD [Active] CIN = U70101DL2001PTC111133

Company & Directors' Information:- S R R HOMES PRIVATE LIMITED [Strike Off] CIN = U70200KA2008PTC046495

Company & Directors' Information:- E AND E SERVICES LIMITED [Strike Off] CIN = U65992KL1988PLC005094

Company & Directors' Information:- P N R HOMES PRIVATE LIMITED [Active] CIN = U45200KL2013PTC035725

Company & Directors' Information:- S R V N SERVICES PRIVATE LIMITED [Strike Off] CIN = U50200DL2004PTC124035

Company & Directors' Information:- B H SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74999MH2012FTC227035

Company & Directors' Information:- R J HOMES PRIVATE LIMITED [Active] CIN = U70109WB2011PTC168039

Company & Directors' Information:- A R SERVICES PRIVATE LIMITED [Active] CIN = U00000DL2001PTC109578

Company & Directors' Information:- J AND J SERVICES PRIVATE LIMITED [Active] CIN = U51900MH1995PTC092554

Company & Directors' Information:- L B D SERVICES PRIVATE LIMITED [Active] CIN = U00359BR1991PTC004694

Company & Directors' Information:- R A HOMES PRIVATE LIMITED [Active] CIN = U45200MH2002PTC134922

Company & Directors' Information:- T & T HOMES PRIVATE LIMITED [Active] CIN = U45207MH2007PTC173785

Company & Directors' Information:- J HOMES PRIVATE LIMITED [Strike Off] CIN = U45200TZ2012PTC018247

Company & Directors' Information:- S J HOMES PRIVATE LIMITED [Active] CIN = U70109WB2011PTC167997

Company & Directors' Information:- R P HOMES PRIVATE LIMITED [Active] CIN = U45200BR2010PTC015240

Company & Directors' Information:- A 2 Z E SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200KA2006PTC039105

Company & Directors' Information:- K K G HOMES PRIVATE LIMITED [Strike Off] CIN = U70101TN1988PTC016477

Company & Directors' Information:- G M HOMES PRIVATE LIMITED [Strike Off] CIN = U45203KA1996ULT020888

Company & Directors' Information:- M P SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013531

Company & Directors' Information:- B I N A R Y SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC103072

Company & Directors' Information:- M C SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013532

Company & Directors' Information:- D & D SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U51909DL1998PTC093967

Company & Directors' Information:- D C S HOMES PRIVATE LIMITED [Active] CIN = U45202TN2007PTC064024

Company & Directors' Information:- S C L SERVICES PRIVATE LIMITED [Active] CIN = U63012TN2001PTC046650

Company & Directors' Information:- A B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL1998PTC093545

Company & Directors' Information:- G P SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037683

Company & Directors' Information:- T S SERVICES PRIVATE LIMITED [Strike Off] CIN = U85320WB2003PTC095712

Company & Directors' Information:- A. S. V. P. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999HR2014PTC052304

Company & Directors' Information:- R AND T SERVICES PRIVATE LTD. [Strike Off] CIN = U72501DL1998PTC096640

Company & Directors' Information:- S S SERVICES PVT LTD [Strike Off] CIN = U74140WB1988PTC044009

Company & Directors' Information:- IN FIRE SERVICES PRIVATE LIMITED [Active] CIN = U29193PN2001PTC016133

Company & Directors' Information:- S S D SERVICES PRIVATE LIMITED [Active] CIN = U74910RJ1996PTC012694

Company & Directors' Information:- V & V SERVICES PRIVATE LIMITED [Strike Off] CIN = U74990MH2010PTC206211

Company & Directors' Information:- D S SERVICES PRIVATE LIMITED [Strike Off] CIN = U65923MH2012PTC226482

Company & Directors' Information:- M D HOMES PRIVATE LIMITED [Strike Off] CIN = U45200MH2002PTC138309

Company & Directors' Information:- P AND I SERVICES PRIVATE LIMITED [Active] CIN = U63090MH1981PTC024997

Company & Directors' Information:- F F C SERVICES PRIVATE LIMITED [Active] CIN = U74900PN2014PTC153348

Company & Directors' Information:- R. B. SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302692

Company & Directors' Information:- Q C SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2013PTC148110

Company & Directors' Information:- R V HOMES INDIA PRIVATE LIMITED [Active] CIN = U45400TG2012PTC082955

Company & Directors' Information:- K M R INDIA HOMES PRIVATE LIMITED [Active] CIN = U45400TG2015PTC098346

Company & Directors' Information:- S K R HOMES PRIVATE LIMITED [Strike Off] CIN = U70102TG2010PTC071002

Company & Directors' Information:- A R M HOMES PRIVATE LIMITED [Strike Off] CIN = U28910UP2015PTC071525

Company & Directors' Information:- RESCUE FIRE PRIVATE LIMITED [Strike Off] CIN = U85191UP2012PTC051180

Company & Directors' Information:- J S S HOMES PRIVATE LIMITED [Converted to LLP] CIN = U70102WB2014PTC201062

Company & Directors' Information:- S N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900JK2014PTC004110

Company & Directors' Information:- R N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900CH2013PTC034757

Company & Directors' Information:- R M E-SERVICES PRIVATE LIMITED [Active] CIN = U72300DL2007PTC166470

Company & Directors' Information:- J K P HOMES PRIVATE LIMITED [Active] CIN = U45204DL2013PTC260317

Company & Directors' Information:- A Y SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC239759

Company & Directors' Information:- V. S. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2012PTC233958

Company & Directors' Information:- S & V SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2015PTC287145

Company & Directors' Information:- A R J SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2015PTC286948

Company & Directors' Information:- M K R SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2012PTC242159

Company & Directors' Information:- R K HOMES PRIVATE LIMITED [Active] CIN = U70101DL2000PTC106011

Company & Directors' Information:- G W SERVICES PVT LTD [Strike Off] CIN = U79140DL2001PTC111194

Company & Directors' Information:- B 2 B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140HR2013PTC049213

Company & Directors' Information:- R K SERVICES PRIVATE LIMITED [Active] CIN = U45200HR2007PTC041783

Company & Directors' Information:- M G HOMES PRIVATE LIMITED [Active] CIN = U45204HR2014PTC052239

Company & Directors' Information:- A. R. T. SERVICES PRIVATE LIMITED [Active] CIN = U51900GJ2009PTC056248

Company & Directors' Information:- B 9 N SERVICES PRIVATE LIMITED [Active] CIN = U74900KL2012PTC032087

Company & Directors' Information:- V J SERVICES PRIVATE LIMITED [Strike Off] CIN = U29242GJ2013PTC074510

Company & Directors' Information:- K B C HOMES PRIVATE LIMITED [Active] CIN = U45200KL2011PTC029081

Company & Directors' Information:- O P HOMES PRIVATE LIMITED [Active] CIN = U70100KL2015PTC037933

Company & Directors' Information:- N I SERVICES PRIVATE LIMITED [Strike Off] CIN = U64202KL2000PTC014355

Company & Directors' Information:- 7-A SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2019PTC359011

Company & Directors' Information:- V V S HOMES PRIVATE LIMITED [Strike Off] CIN = U45200TG2004PTC043057

Company & Directors' Information:- F I SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2001PTC113001

Company & Directors' Information:- C R D SERVICES PVT LTD [Active] CIN = U72300AS1988PTC003097

Company & Directors' Information:- B I M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KA1974PTC002694

Company & Directors' Information:- T Q M SERVICES PVT. LTD. [Strike Off] CIN = U74140DL1999PTC101341

Company & Directors' Information:- B AND M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140MH1977PTC019880

Company & Directors' Information:- M J B E-SERVICES PRIVATE LIMITED. [Strike Off] CIN = U72400DL2006PTC150832

    WP(C). No. 2959 of 2020 (T)

    Decided On, 05 October 2020

    At, High Court of Kerala

    By, THE HONOURABLE MR. JUSTICE N. NAGARESH

    For the Petitioner: K.R. Vinod, M.S. Letha, K.S. Sreerekha, Nabil Khader, Advocates. For the Respondents: Deepa Narayanan Government Pleader, Asha Cherian, SC, Railways, A. Dinesh Rao, SC. Railways.



Judgment Text

1. The petitioner, a Company dealing with construction of multistoried buildings, has filed this writ petition seeking to quash Ext.P10 order of the 1st respondent and to direct the 1st respondent to issue Fire and Rescue Certificate of Approval to the building of the petitioner.2. Vendors of 42 cents of land comprised in Re-Survey Nos.5 and 34 of Muttambalam Village, Kottayam Taluk had obtained building permit for construction of a multistoried residential complex in their property from the 4th respondent-Municipality on 20.11.2007. The petitioner company purchased the said property as per Sale Deed No.3857/2007 of SRO, Kottayam. The building permit was changed into the name of the petitioner, as evidenced by Ext.P1 dated 06.11.2012.3. The petitioner states that the Fire and Rescue Department issued Ext.P12 on 20.09.2007 recommending to issue No Objection Certificate in respect of the plan submitted by the petitioner, subject to the conditions that all fire fighting arrangements should be made as per the existing relevant Rules and fire escape and main stair cases should reach up to the rooftop. In order to obtain the said initial NOC, the petitioner had shown 5.5 metre wide access road to the building, which was called Illikkadavu road.4. Later on, the Railway Authorities acquired the said area proposing to construct Nagampadam Road Over Bridge. A part of the Illikadavu Road was also acquired. A service road of 5 metre width was proposed to substitute Illikadavu Road passing through the acquired area. The reduction of the width of the road to 5 metres was apparently due to the reason that the Railways were constructing Nagampadam Railway Over Bridge, which would occupy larger space.5. After construction of the multistoried building, the petitioner submitted application for Certificate of Approval from the 1st respondent-Regional Fire Officer. On 28.11.2018, an inspection was conducted. The petitioner was issued with Ext.P3 letter dated 04.12.2018 stating that the available road has already been acquired by the Railway Authorities and the proposed 5 metre wide road is not yet constructed and therefore a Certificate of Approval cannot be granted. The 1st respondent pointed out certain other anomalies also in Ext.P3 letter.6. The petitioner, after rectifying the anomalies, submitted a representation dated 08.12.2018 to the 1st respondent. However, by Ext.P6 communication dated 05.01.2019, the 1st respondent rejected the representation. The petitioner states that for issuance of Fire and Rescue Certificate of Approval, an approach road with 5 metre width is necessary. The Road Register of Kottayam Municipality would show that the width of Illikkadavu road is 5.5 metre.7. Subsequently, the petitioner filed W.P.(C) No.8535/2019 before this Court. This Court directed the 1st respondent to consider and finalise the issue, taking into account the access road now existing in the area. To the predicament of the petitioner, the 1st respondent passed Ext.P10 order dated 01.10.2019 rejecting the application for Certificate of Approval stating that in two areas of the newly constructed Service Road, the road is having width of 4.68 metre and 4.95 metre and hence, approval cannot be granted. The petitioner states that as per the Road Register, the said road is having 5.5 metre width. If the Railway Authorities acquired the land for the construction of Railway Over Bridge and the road is reconstructed, that cannot affect the entitlement of the petitioner for receiving Certificate of Approval from the 1st respondent. This Court has held in Ext.P11 judgment that if the width of the road is reduced due to encroachment, it is the duty of the authorities to restore the same and application for approval should not be rejected on that ground. The petitioner therefore seeks to direct the 1st respondent to issue Fire and Rescue Certificate of Approval to the building.8. The 1st respondent contested the writ petition filing counter affidavit. The learned Government Pleader Advocate Deepa Narayanan representing the 1st respondent argued that the initial NOC issued by the 1st respondent was subject to conditions. The conditions contained therein are not satisfied. An inspection was conducted by a Committee headed by the 1st respondent on 28.11.2018. The inspection revealed that a portion of the access road starting from the main road along with other properties was acquired. The said area was remaining as an open land and hence it was not possible to measure the width of the road.9. The learned Government Pleader further pointed out that on the one side of the road, there is a wall constructed by the Railway which is part of the Railway Over Bridge. After the construction, the width of the access road is only 4.68 metre to 4.95 metre for a distance of 24 metre length. The said portion of the road came into existence only after building construction was completed by the petitioner. However, as per Rule 116 of the Kerala Municipality Building Rules, the width of access to a high rise building and plot as well as the width of the street giving access to the plot from the main street shall be 5 metre. In view of the said building rule, Certificate of Approval cannot be issued to the petitioner. Rule 116 of the KMBR is intended to ensure public safety. Grant of Certificate of Approval in violation of the said rule would be a grave threat to the general public as also to the occupants of the multistoried building constructed by the petitioner, at the time of emergencies.10. Advocate Asha Cherian, Standing Counsel for the 3rd respondent, submitted that the old access road to the building of the petitioner had no width of 5 metres. The 3rd respondent had no occasion to measure the width of the original access. According to the 3rd respondent, the said road was less than 4 metro wide. The reconstruction of the road was necessitated for the construction of ROB for public conveyance. The Railways cannot be faulted with for reconstruction of the road. The Railways have spent substantial amount for constructing the ROB, service road and for acquiring land for the said purpose. No modification can be made to the service road, as it will affect the security of the retaining walls of the ROB.11. I have heard Advocate K.R. Vinod, counsel for the petitioner, Advocate Deepa Narayanan, learned Government Pleader appearing for respondents 1 and 2 and Advocate Asha Cherian, Standing Counsel for the 3rd respondent.12. The petitioner was issued with Ext.P1 building permit as early on 06.11.2012 by the additional 4th respondent-Municipality. The 1st respondent issued Ext.P12 certificate recommending issue of Fire NOC to the building to be constructed as early on 20.09.2007. It is discernible from Ext.P4 that the road, at the time of construction of the multistoried building, had a width of 5.5 metre as per the records maintained by the additional 4th respondent- Municipality. It is not disputed that the road as it originally stood at the time of grant of building permit was more than 5 metre in width.13. Issue arose when the Railway authorities acquired the land for the purpose of construction of ROB and converted the old road into a new service road. Ext.P7 letter issued by the Deputy Chief Engineer, Construction, Southern Railway on 25.07.2017 would show that the length and width of the proposed service road were 80 metres and 5 metres respectively. However, an actual inspection of the road, after construction, showed that there is a shortage of 5 centimetres to 32 centimetres at certain portions of the road, on the basis of which Fire and Rescue Certificate of Approval has been declined to the petitioner.14. The petitioner had obtained a valid building permit. He had also obtained an initial NOC from the Fire Authorities, before constructing the building. The building in question is a multistoried apartment complex which has already been sold out to many persons. A subsequent encroachment to the road by any person or acquisition by any authority cannot take away the right of the petitioner to construct the building, the work of which started on the basis of a valid permit. This Court has held in Ext.P11 judgment that subsequent encroachments made into the road cannot be pleaded as a reason for recalling a building permit already granted. In the present case, it is not an issue of encroachment. On the other hand, it was a case of land acquisition by Railway Authorities for the construction of an ROB and a service road. The Railway also proposed to construct the service road, which is the access road to the multistoried building, with a width of 5 metres. But, after construction, it was noted that the service road is narrower by 5 centimetres to 32 centimetres at some places.15. Taking into account the negligible shortfall in the width and also taking into account the fact that the petitioner had started the construction of the m

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ultistoried building after obtaining building permit and after obtaining initial Fire NOC, complying with all the statutory requirements under the KMBR, it would be highly arbitrary and unreasonable to decline Fire and Rescue Certificate of Approval for the building of the petitioner. The public authorities who diverted the old access road and constructed new service road ought to have maintained 5 metre width to the service road as planned. The negligible shortage of width, if relied upon to decline Certificate of Approval to the petitioner, would cause irreparable injury not only to the petitioner but also to those local residents who purchased units in the apartment complex, which was constructed on the basis of valid building permit.16. In the circumstances, Ext.P10 order passed by the 1st respondent is set aside and the 1st respondent is directed to issue Fire and Rescue Certificate of Approval to the building of the petitioner forthwith.Writ petition is disposed of as above.
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