In a recent ruling, the Bombay High Court, led by Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar, addressed the urgent need for finalizing the Development Control and Promotion Regulation (DCPR) 2034 for Mumbai and the Unified Development Control and Promotion Regulations (UDCPR) 2020 for the State of Maharashtra. The case, titled Abha Singh vs. State of Maharashtra Through The Secretary, Urban Development Department & Anr., highlights the Court’s concern over the delays in amending these regulations to improve building safety standards, particularly in response to fire hazards and other man-made disasters.
The Court’s Observations on Regulatory Delays
In a previous hearing, the Court had expressed an expectation that the Urban Development Department would issue the final notification for the DCPR 2034 and UDCPR amendments promptly. However, the department informed the Court that the approval process for these changes is still ongoing. The Division Bench noted that these delays have stalled critical safety measures, especially as Maharashtra continues to experience a high incidence of fire-related accidents in both residential and commercial buildings.
The proposed amendments to the DCPR and UDCPR include specific provisions aimed at enhancing fire safety protocols and enforcing special safety control regulations for structures vulnerable to man-made disasters. These changes would impose stricter compliance requirements on new construction projects, ensuring that buildings incorporate advanced fire safety measures and disaster-resistant designs. Such measures have become critical in light of recent fire incidents that have led to substantial loss of life.
Court’s Emphasis on Safety and Regulation Finalization
The Court emphasized the importance of the Urban Development Department finalizing these regulations without further delay. The Judges pointed out that the amendments to the DCPR and UDCPR are necessary for strengthening building safety standards, particularly in the wake of increased incidents involving fire hazards. The Court’s remarks reflect a sense of urgency, as it anticipates that the regulations will play a pivotal role in curbing future disasters by enforcing stricter construction and safety protocols across Maharashtra.
The Court adjourned the matter until 11 October 2024, by which date it expects the Urban Development Department to provide a timeline for the final notification’s issuance. Importantly, the Court also mentioned the possibility of ordering a halt to all new development permissions in Mumbai if the amendments are not finalized expeditiously. Such a measure would reflect the Court’s commitment to prioritizing public safety over ongoing construction activities.
Impact of Potential Stoppage of Development Permissions
The potential stoppage of development permissions within Mumbai could have a significant impact on the real estate and construction sectors. Such a decision, if enacted, would put immense pressure on the Urban Development Department and Planning Authorities to expedite the regulatory finalization process. This would underscore the High Court’s resolve in ensuring that urban development is carried out with stringent safety measures in place, protecting residents from preventable disasters.
Conclusion
This case highlights the Bombay High Court’s proactive stance on ensuring that safety regulations in Maharashtra are in line with contemporary needs for fire prevention and disaster readiness. As the hearing continues, the High Court’s position reflects a clear message: safety regulations must keep pace with urban development to safeguard lives. The next steps in this case will be closely watched, especially by those in the real estate and urban planning sectors, as the Court pushes for robust and timely regulatory compliance.