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KENDRIYA VIHAR APARTMENT OWNERS v. STATE OF KARNATAKA
Factual and Procedural Background
The petitioner, Kendriya Vihar Apartment Owners Association (KVAOA), filed a petition on 04.12.2015 challenging certain requirements imposed by respondent No.4, the District Fire Officer. These requirements were demanded to be complied with by the members of the petitioner association, occupants of the Kendriya Vihar Apartment building in Bengaluru. Some of these requirements were allegedly not prescribed under the relevant rules. Due to the alleged non-compliance, respondent BESCOM threatened to disconnect the power supply, prompting the petitioner to approach this Court. An interim order was granted by the Coordinate Bench on 18.12.2015. Subsequently, the petitioner submitted a compliance report dated 09.08.2013 to the concerned authority. The Government Advocate for respondents 1 to 4 and counsel for BESCOM sought time to file statements of objections.
Legal Issues Presented
- Whether the petitioner has complied with the requirements raised by the respondent District Fire Officer concerning public safety in the apartment building.
- Whether objections regarding the validity and correctness of the requirements imposed by the District Fire Officer can be entertained by this Court or must first be raised before the concerned authority.
- The extent of the Court’s supervisory jurisdiction under Article 226 of the Constitution of India in monitoring the enquiry conducted by the District Fire Officer.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court analyzed the matter by emphasizing that the question of compliance with the fire safety requirements is essentially a question of fact for the concerned authority, namely respondent No.4 District Fire Officer, to determine. The Court held that it is the petitioner’s responsibility to satisfy this authority by submitting evidence and objections in writing. If the petitioner wishes to challenge the validity or correctness of the requirements, such objections must first be raised before the District Fire Officer. The Court underscored that it cannot oversee or monitor this fact-finding enquiry under its jurisdiction under Article 226 of the Constitution of India. The Court therefore directed the petitioner to approach the concerned authority for verification and adjudication, which must be done through a speaking order after providing the petitioner an opportunity of hearing.
Holding and Implications
DISPOSED OF
The Court disposed of the petition by relegating the petitioner to the concerned authority, respondent No.4 District Fire Officer, directing the petitioner to file objections and contentions in writing. The District Fire Officer was granted three months to verify the facts, consider the petitioner’s submissions, and pass an appropriate speaking order. Following this, BESCOM is free to proceed in accordance with law. The decision directly affects the parties by mandating administrative resolution of the compliance issues and does not establish any new legal precedent.
Mr.Shankar S.Bhat, Adv. for Petitioner Ms.Niloufer Akbar, AGA. for Respondent Nos. 1 to 4 Mr.Prashanth Murthy S.G., Adv. For Sri Sriranga, Advocate for Respondent No.5 Date of Order 07-11-2017 W.P.No.54789/2015 Kendriya Vihar Apartment Owners Association (R) Vs.State of Karnataka & Ors. The petitioner Kendriya Vihar Apartment Owners Association (KVAOA), Yelahanka, Near Kogilu Cross, Bellary Road, Bengaluru has preferred this petition in this Court on 04.12.2015.
2. Learned counsel for the petitioner submitted that certain requirements raised by the respondent No.4 District Fire Officer were raised to be complied with by the members of the Petitioner - Association who are occupants of the building known as Kendriya Vihar Apartment Owners Association situated in Yelahanka near Kogilu Cross, Bellary Road, Bengaluru. Some of the requirements are not there in the relevant Rules but for the alleged non-compliance of the same, the respondent BESCOM was about to disconnect the power supply and at this stage present petition was preferred and an interim order was granted by the Co- ordinate Bench of this Court on 18.12.2015. Date of Order 07-11-2017 W.P.No.54789/2015 Kendriya Vihar Apartment Owners Association (R) Vs.State of Karnataka & Ors.
3. Thereafter, learned counsel for the petitioner submits that since then certain compliances and requirements have been fulfilled by the petitioner and a report came to be filed by the petitioner before the said Authority vide Annexure F dated 09.08.2013.
4. The learned Government Advocate appearing for respondent Nos. 1 to 4 prays for some time to file statement of objections as also the learned counsel for the BESCOM.
5. Having heard the learned counsel for the parties, this Court is satisfied that whether the petitioner has complied with the requirements raised by the respondent Fire Department or not is a question of fact and it is for the petitioner to satisfy the concerned Authority namely respondent No.4 District Fire Officer to verify and record the satisfaction as to whether the various requirements for the public safety in the said Building have been complied with by them or Date of Order 07-11-2017 W.P.No.54789/2015 Kendriya Vihar Apartment Owners Association (R) Vs.State of Karnataka & Ors. not. Even if the petitioner wants to raise objection as to the validity and correctness of the requirements raised by the respondent, it is first required to raise its objections before the concerned Authority itself. In either of the case, it is for the concerned Authority to provide an opportunity of hearing to the petitioner and record his satisfaction either about the compliance made or about the correctness and validity of the objections raised in this regard. This Court under Article 226 of the Constitution of India cannot be expected to monitor this kind of enquiry by the respondent in the matter.
6. Therefore, this petition is disposed of by relegating the petitioner to the concerned Authority, namely, respondent No.4 District Fire Officer and petitioner shall file its objections and contentions in writing and the said Authority may verify the relevant facts with the evidence produced by the petitioner and Date of Order 07-11-2017 W.P.No.54789/2015 Kendriya Vihar Apartment Owners Association (R) Vs.State of Karnataka & Ors. then pass appropriate speaking order. The respondent BESCOM Authorities will be free to proceed further thereafter in accordance with law, once such report is made by the respondent No.4 District Fire Officer. Petitioner may appear before the said Authority at the first instance on 12.12.2017 and a period of three months is granted to the respondent No.4 to pass orders. Sd/- JUDGE Cm/-
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