The Gujarat Excessive Court docket on Friday got here down closely on the state authorities over the difficulty of fireside NOC and Constructing Use permission, stating that the federal government had not taken any motion in opposition to officers concerned in permitting unlawful development after which allowing such buildings to perform with out fireplace NOCs.
The Excessive Court docket bench comprising Justices Bela Trivedi and Bhargav D Karia gave the Gujarat authorities and Ahmedabad Municipal Company 4 weeks’ time to provide you with a “concrete plan” to handle the difficulty of non-compliance of guidelines relating to fireplace no objection certificates and Constructing Use permission.
“Sufficient is sufficient. It’s time for motion. You should provide you with a concrete motion plan with a time schedule,” the bench stated, whereas listening to a set of petitions relating to fireplace security situation within the cities.
Whereas Advocate Normal Kamal Trivedi urged the bench to take up solely the hearth NOC concern in the meanwhile and to not contact the “bigger” matter of Constructing Use permission, the bench insisted on addressing each points concurrently, because the judges felt they’re interconnected and can’t be separated.
“Why no motion was taken in opposition to involved officers, with whose connivance or blessings these unlawful constructions went on and such buildings proceed to be occupied with out a fireplace NOC?” the bench requested.
When the Advocate Normal stated notices have been issued to those that wouldn’t have fireplace NOCs for his or her buildings, the bench famous that the federal government “wakes up and begins taking motion” solely after the courtroom intervenes.
“For years collectively, no motion was taken in opposition to wrongdoers or officers who didn’t take motion in opposition to wrongdoers. Nothing occurs. Each time you provide you with such excuses and nothing is occurring,” Justice Bela Trivedi stated.
At one level, when the courtroom insisted that the federal government also needs to provoke motion in opposition to those that didn’t purchase Constructing Use permission, the Advocate Normal urged the courtroom to handle that concern afterwards, as he claimed that the one choice left with the federal government in such situation shall be to demolish unlawful buildings and that can create “commotion”.
When the Advocate Normal stated the Constructing Use permission concern is a “difficult one” and buildings additionally come up “in a single day”, Justice Karia refused to purchase the argument saying “the declare is just not digestible”.
Whereas addressing the Ahmedabad Municipal Company lawyer Mihir Joshi, who was additionally of the opinion that solely fireplace NOC concern must be addressed for now, Justice Karia stated, “Nothing will occur for one more 20 years if we go by that argument. One thing drastic needs to be accomplished now.” The bench was of the opinion that giving fireplace NOC to a constructing, which doesn’t have a Constructing Use permission, is akin to permitting unlawful use of a constructing by separating two points.
Mr Joshi stated if a hearth NOC is withheld for the need of Constructing Use permission, it can result in greater problems.
The bench didn’t give in to the argument saying “within the garb of security, you’ll give fireplace NOC to those that wouldn’t have BU permission. So, we won’t bifurcate the 2 points. It needs to be taken up collectively”.
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