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It came as shock to state also that 48% hospitals are without BU permits: AG in Gujarat HC

The AG assured the court that regardless of whether the building has a valid BU permission, the state shall ensure that all buildings are fire safety compliant.

By: Express News Service | Ahmedabad |
November 19, 2021 12:56:05 am
public interest litigation, PIL. Gujarat buildings, Gujarat government. Aravind Kumar, Gujarat High Court, Indian Express, India newsThe state indicated that while complete compliance of fire NoC can be ensured within an outer time limit for BU permission compliance, the same may not be possible. (Representational)

At the hearing of a public interest litigation concerning fire safety and building safety of Gujarat buildings, the advocate general (AG) on Thursday submitted before the High Court that it came as a “shock” to the state as well when a survey found that 48 per cent of hospitals were functioning without valid building use permits.

A division bench of Chief Justice Aravind Kumar and Justice Hemant Prachchhak suggested to AG Kamal Trivedi that classifying tasks pertaining to ensuring fire NOC compliance and other safety measures for buildings should be done based on the estimated time of completion.

The state indicated that while complete compliance of fire NoC can be ensured within an outer time limit for BU permission compliance, the same may not be possible.

“It was a big shock, we found 48 per cent of hospitals (are) without (valid) BU permission… in many nagarpalikas or village areas, a villager may have constructed something without taking permission and today, the building has gone too big that… either I should say that this should be demolished or I should come out with an act on regularisation. (The latter) have already come out twice… we are likely to face fierce allegations that on one hand you are allowing illegalities to be perpetuated and on the other hand you’re coming out with (an act of regularisation)…,” Trivedi said.

The AG assured the court that regardless of whether the building has a valid BU permission, the state shall ensure that all buildings are fire safety compliant.


The bench in its order recorded the AG’s submission that based on affidavits filed by the state in October before the Gujarat HC as well as before the Supreme Court, “the state in its discharge of constitutional mandate and statutory obligation, has taken all reasonable steps… in enforcing the enactments in general and particularly of Gujarat Fire Prevention and Life Safety Measures Act, 2013…”.

“Both the petitioner and the state shall place on record the facts by the next date of hearing and it is made clear that except by way of reply arguments, no further arguments will be entertained since substantial arguments have been canvassed,” the court added.

The matters have been scheduled for November 29.

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