The Gujarat High Court on Friday ruled against the state government on the issue of the NOC fire and permission to use the buildings, saying the government had taken no action against the agents involved in the the authorization of illegal constructions, then by authorizing these buildings to operate without NOC fire. .
The bench of the High Court, composed of judges Bela Trivedi and Bhargav D Karia, gave four weeks to the government of Gujarat and the municipal company of Ahmedabad to work out a “concrete plan” to solve the problem of non-compliance with the laws. rules for non-objection certificates and construction Use authorization.
“Enough is enough. It is time to act. You must draw up a concrete action plan with a timetable,” the magistracy said, while hearing a series of petitions concerning the scenario of fire safety in the cities .
While Advocate General Kamal Trivedi urged the judiciary to deal only with the issue of NOC fires for the time being and not to touch on the “broader” issue of building use authorization, the magistracy insisted on dealing with the two issues simultaneously, as the judges felt that they were interconnected and could not be separated.
“Why has no action been taken against the officers concerned, with whose connivance or blessing these illegal constructions have continued and these buildings continue to be occupied without NOC fire?” asked the bench.
When the attorney general said that notices had been issued to those who did not have fire NOCs for their buildings, the judiciary noted that the government “wakes up and begins to act” only after the intervention of the court.
“For years together, no action has been taken against the evildoers or the agents who have taken no action against the evildoers. Nothing happens. Every time you come up with such an apology and nothing happens,” said Judge Bela Trivedi.
At one point, when the court insisted that the government also take action against those who have not obtained permission to use the construction, the Advocate General urged the court to address this issue through the sequel, because he asserted that the only option left to the government in such a scenario will be to demolish illegal buildings and that will create “unrest”.
When the Advocate General said that the issue of permission to use buildings was “complicated” and that buildings were also happening “overnight” Judge Karia refused to accept the argument saying that “the claim is not digestible”.
Speaking to the attorney of the Ahmedabad municipal company, Mihir Joshi, who was also of the opinion that only the problem of the NOC fire should be dealt with at this time, Judge Karia said: “Nothing will happen. before 20 years if we follow this argument. be done now. “The judiciary is of the opinion that granting a fire NPC to a building, which does not have a building use authorization, is akin to allowing the illegal use of a building by separating two issues.
Mr Joshi said that if an NOC fire is denied for lack of permission to use the building, it will lead to greater complications.
The bench did not give in to the argument saying “In safety gear you will give NOC fire to those who do not have BU clearance. So we cannot fork the two issues. It has to be dealt with. together” .
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