Jharkhand High Court Issues Directives Following Tragic Dhanbad High-Rise Fire Incident

A division bench comprising Acting Chief Justice Aparesh Kumar Singh and Justice Deepak Roshan had taken suo motu cognizance on February 2, 2023, of the fact that within a span of three days in two separate incidents, five children and fourteen persons lost their lives because of fire incidents. The Court also took into consideration that there were some incidents in places such as Ranchi, Gumla etc, where innocent lives were lost.

The court took into account that the High Court bye-laws under the Municipal Act already stipulate mandatory fire safety certification by the State agency, based on the building's height and construction nature. However, it observed that these measures were more often disregarded than adhered to, leading to the unnecessary loss of innocent lives.

The Advocate General apprised the court that two inquiries had been initiated to identify the causes of these incidents and ascertain the responsibilities of the individuals and agencies tasked with enforcing the Municipal Bye-laws and fire safety regulations. Moreover, the state government announced an ex-gratia payment of Rs. 4 lakh to the families of the victims.

In a firm and poignant statement, the court asserted,

"The Court cannot remain a silent spectator to the sufferings of the masses when the regulatory regimes are not properly implemented and enforced leading to loss of innocent lives."

Consequently, the court initiated the case, making the Chief Secretary and other high officials parties to the proceedings.

Salona Mittal, an Advocate and Amicus Curie, filed a comprehensive chart during the hearings, highlighting various gaps in the enforcement of fire safety laws and maintenance of appropriate standards to prevent fire accidents. Additionally, the Amicus Curie referred to Gurudas G. Pai Vrs. State of Goa, through the Chief Secretary & Ors. reported in (2022) SCC Online Bom 7033(Goa Bench) wherein some directions were passed by the Goa bench of the Bombay High Court, and urged the Court to issue similar directions for implementation.

The division bench subsequently issued a set of definitive directions to address the issue. These directions encompass:

“i. The Government of Jharkhand and the concerned Planning Authorities namely District Development Authorities, Municipal Corporation, Municipal Council, Notified Area Committees, in the State of Jharkhand and the Directorate of Panchayats and all town and country Planning Authorities are directed to achieve strict compliance of the provision of the National Building Code of India, Jharkhand Building Bye-laws, 2016 & Jharkhand Municipal Act, 2011 prescribing the fire safety norms.

ii. The authorities acting under the Regulations and under law are directed to appoint a Nodal Officer/Group of Officers who can consider a periodical inspection in regard to the installation, maintenance and compliances of fire safety norms in respect of special buildings like hospitals having indoor patients, schools and colleges, theatres, multiplexes and cinema houses, public auditoriums, public buildings and hotels.

iii. The authorities shall ensure strict compliance of the norms in regard to “annual fire audits” which be undertaken prior to the expiry of annual fire NOC, in regard to such categories of buildings, which require such annual approvals. iv. The authorities shall also comply with the fire safety norms in regard to electric/electronic hoardings, sign boards, neon signs etc which are installed on buildings and ensure strict adherence to the fire safety norms, from the persons responsible for such installations.

v. It shall be ensured that industrial buildings of all categories temporary or permanent, strictly adhere to the fire safety norms, including installation of fire safety equipment’s. There shall be periodical inspection of such compliances, by categorizing such industries on the basis of their vulnerability to such hazards, in the context of the nature of their activities.

vi. In regard to compliances of fire safety measures/ norms by high rise buildings, schools and colleges, theaters, multiplexes, cinema houses, public auditoriums, public buildings, residential hotels, lodging and boarding houses, a database shall be maintained indicating the date of the fire safety compliances and inspection and such information be provided on the official website.

vii. The concerned authorities shall ensure availability of all the fire fighting equipments like fire engines etc. in the vicinity of complexes and buildings where larger habitation exists and/or public gatherings take place.

viii. The Municipal Administration is also required to provide appropriate access/roads for movement of fire engines in all municipal areas.”