Hyderabad: Following the blaze at Seetharambagh that brought a five-storey building crashing down, GHMC commissioner Dr B. Janardhan Reddy said that the corporation had sought approval from the fire services director-general to prosecute the owners of 20 buildings that were violating rules.
The GHMC can only issue notices, but cannot take action. It issued notices to 3,869 buildings to procure fire extinguishers, and issued final notices to owners of 2,448 buildings. It has not been able to do anything beyond that.
Section 13 of the Fire Services Act, 1999 empowered the entire range of personnel from the fireman to the director general, fire services, to take action on violators. They could issue no-objection certificates to residential buildings that are taller than 18 metres, commercial establishments that stand more than 15 metres and public places like schools, function halls and cinema theatres that are bigger than 500 square metres if they meet the norms.
On March 9, 2010, the government issued a memo (No. 22242/Pri.A/A2/2009-3) shifting the NoC powers to the commissioners of the municipal corporations of Hyderabad, Greater Vishaka, Vijayawada, Tirupati and Warangal.
The fire services could issue NoCs in rural areas and municipalities. Three days later, March 12, 2010, the government issued another memo (RC No. 5041/112/97) appointing 20 fire officials on deputation to the municipal corporations to issue NoCs.
These memos are said to be in violation of a High Court order, and fire services officials have not insisted on prevention measures in the GHMC limits and Warangal. Senior advocate and railways standing counsel T. Venkata Ramana said shifting powers to an official through memos would not stand legal scrunity.
“The Fire Services Act came into existence after the Cabinet’s approval and a discussion in and approval by the Assembly. If government wants to shift powers to another department, it should amend the Act. Shifting powers through memos will not have legal sanctity. Moreover, It violates a High Court order given in 2006 by the Chief Justice,” he said.
Confusion over jurisdictions has left the GHMC and the fire services wing unable, or unwilling, to act on violators. In 2009, the Supreme Court said in the Kumbakonam school fire mishap that schools should be inspected by senior fire safety officials. In the city neither GHMC nor fire services officials have taken it up.
In 2014, the Supreme Court in the Uphaar case said that all cinema theatres have to be inspected by the respective authorities. It is not being implemented in the GHMC limits.
