DR. RAKESH KISHORE Vs THE CHIEF FIRE OFFICER & ORS. -Judgment by Delhi High Court
$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 18th January, 2023
+ W.P.(C) 575/2023 & CM APPL. 2229/2023 & CM APPL. 2230/2023
DR. RAKESH KISHORE ….. Petitioner
Through: Petitioner in person.
versus
THE CHIEF FIRE OFFICER & ORS. ….. Respondents
Through: Advocate for R-2 (Appearance not given)
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed on behalf of the Petitioner – Dr. Rakesh Kishore seeking directions to the Respondent No. 2 � Registrar, Cooperative Societies, Delhi to initiate action against Respondent Nos.3 to 7.
3. The Petitioner is a resident of River View Apartments which is run by the Arur Cooperative Group Housing Society in Mayur Vihar-I, Extension, Delhi-110091 (hereinafter, �Arur Society�). He was president of Arur Society for three years between 2nd December, 2018 to 1st December, 2021.
4. The case of the Petitioner is that the multistorey apartment complex i.e. River View Apartments which is run by Arur Society was mismanaged by Respondent Nos. 3 to 7. He seeks to rely on the fact that the said apartment complex did not have Fire Safety Certificate from 2004 till 2021 and the management i.e. Respondent Nos. 3 to 7 did not take any action to obtain the said Fire Safety Certificate. Thus, the management of the Society during the period from 2005 to 2018 were negligent in their duties and failed to take care of the safety and security of the residents of the River View Apartments complex. Hence the Petitioner prays that action be directed against them.
5. Ld. Counsel for the Respondent No. 2 submits that the Fire Safety Certificate has now been obtained and the same has been renewed for a period of five years with effect from 6th August, 2021. However, he concedes that for a very long duration, the Fire Safety Certificate was not renewed. He further submits that the Petitioner made a representation to the Respondent No. 2 on 28th March, 2022 under Section 70 of the Delhi Cooperative Societies Act, 2003.
6. The Petitioner who has appeared in person relies upon the Rule 102(1) of the Delhi Cooperative societies Rules, 2007 which imposes the obligation upon the management of the society to provide for proper fire safety. The said Rule reads as under:
�102. Maintenance of essential services in a co-operative housing society – (1) The committee shall be responsible for maintaining the following essential services in the housing complex on regular basis, namely:-
(a) Electricity supply;
(b) Water supply and sewerage;
(c) Garbage disposal;
(d) Running of lifts, borewell, genset, water harvesting system and maintenance of green areas;
(e) Security services;
(f) Availability of plumber, electrician and mali, etc. for day to day services for all occupants;
(g) Availability of fire safety equipments / systems in running condition;
(h) Round the clock hours emergency response and staffing; and
(i) Other services as may be specified by the general body.�
7. It goes without saying that in such apartment complexes the maintenance expenses are usually charged from the residents in order to ensure proper maintenance and other amenities such the fire safety equipment. There can be no doubt that the apartment complexes of this nature which are occupied by hundreds of residents ought to comply with the necessary fire safety norms. Thus, the fact that for a number of years, there was no Fire Safety Certificate for this building, is a cause of concern.
8. Since the Petitioner has already made a representation to the Respondent No.2, the concerned authorities shall enquire into this matter and take action in accordance with law. The decision in this respect shall be taken on or before 31st May, 2023.
9. The petition, with all pending applications, is disposed of. The remedies of all parties are left open.
PRATHIBA M. SINGH
JUDGE
JANUARY 18, 2023
Rahul/KT
2023/DHC/000413
W.P.(C) 575/2023 Page 2 of 2