Bombay High Court · Division Bench · 18.08.2023
Encroachment on refuge areas: the Corporation must decide the complaint
On a petition by flat owners complaining that some purchasers had encroached on the refuge areas of a high-rise, the Bombay High Court directed the Municipal Corporation to decide the society’s complaint after hearing the alleged encroachers.
Key points
- Refuge areas exist to meet emergencies such as fires; a complaint that flat purchasers have encroached on them must be examined by the Corporation.
- The Corporation was directed to decide the 2016 complaint in accordance with law, preferably within two weeks of the parties appearing.
- The alleged encroachers must be given notice and a hearing, and the Corporation may inspect the building in the parties’ presence.
The facts
Members of a housing society in a Parel high-rise complained in August 2016 that some flat purchasers had encroached on the building’s refuge areas. The complaint was forwarded to the Chief Fire Officer through the society’s honorary secretary, but no decision followed. Two flat owners approached the High Court against the Corporation, the Fire Brigade, the SRA and the society.
What the Court held
The Court held that the purpose of the petition would be served by directions to the Corporation. Refuge areas are meant for contingencies beyond human control, so the Corporation had to apply its mind, find out whether the alleged encroachments existed and take a decision under the relevant rules. It directed the Corporation to decide the complaint as early as possible, preferably within two weeks of the petitioners’ appearance, after giving the alleged encroachers notice and a date to appear, and permitted an inspection of the building in the presence of the parties.
Why it matters
Refuge areas in tall buildings must be kept free under fire-safety and development control rules. If a society complains and the authority does not act, this order shows the kind of direction the High Court may give: a time-bound decision after a hearing. It is a short order and does not decide whether there was an encroachment.
Three-page order in English. This page summarises the decision for general information; it is not a substitute for the full text and not legal advice. Check whether the decision has since been appealed, modified or overruled.
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