Introduction
The Bombay High Court has once again emphasized the importance of urban safety by addressing the long-pending issue of Special Regulations for Buildings Vulnerable to Manmade Disasters. In the case of Abha Singh vs. State of Maharashtra, the court expressed concern over the delay in finalizing these crucial guidelines and directed the Maharashtra government to act swiftly.
Background of the PIL
Public Interest Litigation (PIL) No. 80 of 2019, filed by activist and advocate Abha Singh, raised a significant concern about the failure of the State Government’s Urban Development Department in finalizing safety regulations for buildings at risk of disasters. The draft regulations were initially introduced on February 27, 2009, inviting public suggestions, but remained stalled for over a decade without implementation.
On April 11, 2022, the court noted the State’s prolonged inaction and urged the government to explore the necessity of incorporating the Special Regulations into DCPR-2034 (Development Control and Promotion Regulations) and UDCPR (Unified Development Control and Promotion Regulations) for ensuring public safety.
Government’s Response and Court’s Action
Following the court’s intervention, an affidavit was submitted by Mr. Shrikant M. Deshmukh, Deputy Director of Town Planning, Greater Mumbai, on March 23, 2022, explaining why a decision had not been taken since 2012. Dissatisfied with the delays, the court directed the Urban Development Department to conduct further research and take decisive action.
On July 28, 2022, another affidavit was submitted, revealing a proposal to form a four-member committee to review and finalize the regulations. The proposed members included:
- Mr. Pravin Pardeshi – Ex-Commissioner of the Municipal Corporation of Greater Mumbai (Chairman)
- A Representative from Practicing Engineers, Architect & Town Planners Association
- Mr. N. R. Shende – Retired Director of Town Planning
- Chief Engineer (Development Planning), Municipal Corporation of Greater Mumbai (Co-ordinator)
This committee would consult experts and submit a report for further action. However, the proposal was still awaiting government approval.
Court’s Deadline for the Government
To ensure urgency, the Bombay High Court has now directed the State Government to approve the committee by August 19, 2022. Once constituted, the committee must submit a detailed report within two months, incorporating expert consultations and public suggestions.
Impact and Significance
The PIL highlights the need for stringent safety regulations in urban planning to prevent disasters caused by poor construction, faulty planning, or negligence. Given the rapid urbanization in Mumbai and other cities, these regulations are critical for protecting lives, property, and ensuring sustainable urban development.
The case also sets an important precedent, showing how judicial intervention can compel authorities to act in matters of public safety and governance.
What’s Next?
The formation of the committee and its recommendations will be crucial in shaping urban safety regulations. Citizens and experts can contribute their insights to ensure that the final policies are comprehensive and practical.
Conclusion
The Bombay High Court’s intervention is a positive step towards urban safety, but the real test lies in the effective and timely implementation of these regulations. If executed well, these guidelines will make Maharashtra’s cities more resilient against manmade disasters, ensuring a safer future for all.
