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No fire NOC, no occupancy: HC flags safety lapses in Mumbai high-rises

#Law & Policy#Residential#India#Maharashtra#Mumbai
Last Updated : 7th Jul, 2025
Synopsis

The Bombay High Court has demanded that the BMC clarify its plans for buildings in Mumbai that lack a fire No-Objection Certificate (NOC). During a recent hearing, the court questioned if the BMC's inaction implies approval of unsafe conditions, citing the 34-storey Wellingdon View building in Tardeo as an example. This building has 50 of 62 flats occupied since 2008 with only a partial occupation certificate and no fire NOC. The court emphasizes that the absence of a fire NOC cannot be regularized and will not permit any illegality, setting a precedent for fire safety enforcement across Mumbai's high-rises.

The Bombay High Court has recently issued a directive to the Brihanmumbai Municipal Corporation (BMC). This order demands clarity on buildings without essential fire safety certifications across Mumbai, following a court hearing. The court's move addresses concerns that the lack of fire safety certificates may pose risks to public safety, seeking explanations for the city's approach to enforcing fire No-Objection Certificates (NOCs).


Justices Girish Kulkarni and Arif Doctor, who presided over the hearing, questioned whether the BMC's inaction implies a hidden approval of potentially life-threatening situations. They stated that such a stance would suggest the municipal corporation's policy allows buildings to be occupied without fire NOCs, thereby risking public safety. This directive came during a hearing concerning alleged illegalities in the 34-storey Wellingdon View building in Tardeo. This particular building has a partial occupation certificate for its first to sixteenth floors but reportedly lacks a fire NOC. Despite this, 50 out of its 62 flats have been occupied since 2008.

The court highlighted that regularizing the absence of a fire NOC is not permissible, and any alterations or combinations of spaces that impede fire safety, such as a garden blocking fire brigade access, must be removed and corrected. The judges stated their intent to use this case as an example for all buildings and high-rises in Mumbai. They demanded to know the status of all occupants in the Wellingdon View building and the specific steps the BMC plans to take in similar situations across the city.

The hearing has been adjourned to July 10, with the court asserting that it will not permit any illegality in any building. Fire No-Objection Certificates are mandatory for all buildings, especially high-rises, to ensure compliance with fire safety regulations. These regulations include provisions for emergency exits, fire suppression systems, and clear access for fire services. The absence of such certificates poses a serious risk to residents. Court interventions often occur when regulatory bodies are perceived as failing to enforce critical safety norms, aiming to compel action and enhance public safety in urban environments.

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