Setback rule: Karnataka High Court says high rise buildings can't pose threat to public

Bengaluru: The high-rise buildings with pocket apartments, regardless of the luxury they provide, cannot be permitted to stand at the risk of the general public, particularly the residents of the building and others in the neighbouring and nearby vicinities, the high court of Karnataka has said. A division bench comprising Justices DK Singh and TM Nadaf said this while dismissing the writ appeal filed by a real estate firm regarding the setback to be left as per the NOC by the Karnataka State Fire and Emergency Services Department.

The appeal was filed by Vishnu Sri Builders and Developers, Bengaluru, challenging the single bench order with regard to the modified sanction plan in respect of an apartment complex at Halagevaderahalli in Rajarajeshwari Nagar. The firm initially challenged the revised Fire NOC dated June 13, 2023.

The Fire department, after conducting a fresh inspection, as per the directions of the single bench, stated that as the required setback of 8 metres is not available around the building for easy movement of fire vehicle, it is difficult to conduct rescue operations during the emergency as the easy movement of aerial ladder platform is not possible. The single bench passed an order that the modified sanction plan would be kept in abeyance till the same is brought in conformity with the requirement of setback as mentioned in the Fire NOC.

After perusing the material on the appeal filed by the firm, the division bench said that as per the Fire Department report, along with the sketch of the building, the vehicle movement with Aerial ladder is not possible in the emergency rescue operations.

“We have noticed from the inspection report of the fire department, in terms of the direction issued by this Court, that the setback as contented by the appellant before us has not been left and even if it is left since the turning radius of fire engines with Aerial Ladder is more than 9 metres and no sufficient space is available on the spot for easy movement of the fire vehicles, in the event any disaster. The builder in the case on hand knew it very well regarding the permissible construction, however for best reasons known to him not left the setback, which is clear from the report of the fire department,” the division bench said.

The bench further noted that high rise buildings cannot be permitted to stand at the risk of general public and nearby vicinities. “This is based on the principle that the private interest stands subordinate to the public interest and public good. The exercise of such a governance by the local authorities are justified on account of its being reasonably necessary for the public health, safety and general welfare of the residents of the apartment as well as nearby vicinities,” the bench said.