The petitioner has filed this writ petition aggrieved by Ext.P4 proceedings of the first respondent by which an application submitted by him for exemption from providing a fire escape stair case to a commercial building proposed to be constructed by him, has been declined. The petitioner is the owner of an extent of 1.75 cents of land in survey No:32/2 of Mavelikkara Village. The petitioner had submitted an application in the year 2012 for the construction of a three storied building. However, the plan of the petitioner was returned by the second respondent for the reason that he had not provided space for a fire escape stair case in the plan. 2. According to the counsel for the petitioner, Shri. A Shafeek, the petitioner's property is a small plot that enjoys exemption from certain provisions of the Kerala Municipality Building Rules, 1999 (the 'Rules' for short). Therefore, it is not practicable to provide a fire escape for a building constructed on a small plot. Reliance is placed on Rule 60 of the Rules to contend that constructions on small plots are exempt from various provisions thereof. Rule 62 permits constructions up to three floors to be made on small plots but, only when, what is contemplated is a residential house. In the case of commercial buildings the number of floors are limited to two. The contention of the counsel for the petitioner is that, insistence on making provision for a fire escape would disentitle the petitioner from constructing two floors on his small plot, for commercial purpose.
3. The Govt. Pleader appears for the first respondent. Adv.C.Rasheed appears for the second respondent.
4. Heard. A perusal of Rule 62 shows that, the exemption provided by the said Rule refers only to the conditions regarding set back. It is true that Rule 62 permits construction up to two floors in the case of commercial building and up to three floors in the case of residential buildings. Rules 61 and 62 read as follows:-
“61. Number of floor to be limited.-- The number of floors allowed shall be three and stair room
62. Conditions regarding set back.---(1) The minimum distance between the plot boundary abutting any street other than National Highways, State Highways, district roads and other roads notified by the municipality and the building other than a compound wall or fence or outdoor display structure, shall be 2 metres.
Provided that any restriction under street alignment or building line or both, if any fixed for the area and any development plan or any detailed town planning scheme or approved road widening proposal or any other rules or byelaws shall also apply simultaneously to all buildings in addition to the provisions contained in sub-rule (1)”
It is clear from the the above that, scope of the exemption granted from the above provision is limited to the set back to be provided.
Rule 63 of the Rules reads as follows:-
“Certain provisions not to apply.--- Provisions regarding FAR, coverage, distance from central line of road, {access width, height restriction with regard to width of road and the yard abutting the road, car parking} dimension with regard to building parts light and ventilation shall not apply to buildings under this Chapter.”
As per the above provision, exemption has been granted with respect to the floor area ratio, coverage, distance from central line of the road, access, width, height restriction, car parking, dimension with regard to building parts, light and ventilation, etc. It is pertinent to note that no exemption regarding fire escape has been provided. Rule 42 provides for fire escapes, which reads as follows:-
“Fire escape staircase.---Fire escape staircase shall be provided for every buildings of,--
a) residential occupancies exceeding three storeys above ground level;
b) occupancies other than residential exceeding two storeys above ground level.
2) The width of fire escape staircase shall be not less than 75 cm, the width of fire escape stair tread shall be not less than 15 cm, the height of the fire escape stair riser shall not exceed 19 cms, and the number of riser shall not exceed 16 per flight of stairs.
3) The height of handrail of a fire escape staircase shall not be less than 100 cms.
4) Fire escape stair shall be constructed only in the exterior of the building and shall be connected directly to the ground.
5) Fire escape stairs shall have a straight flight.
6) Entrance to fire escape staircase shall be separated and removed from internal staircase.”
As per the above provision, with respect to occupancies other than residential buildings exceeding two storeys fire escape stair cases are to be provided. No exemption from the above provision has been granted to small plots. Therefore, the petitioner is not entitled to claim exemption from the provision regarding fire escape stair case. In view of the above, it is held that Ext.P4 has rightly rejected the request of the petitioner. For the above reasons, this writ petition fails and is accordingly dismissed.
Sd-
K. SURENDRA MOHAN Judge jj /True copy/