The Kerala High Court on Monday upheld the Ernakulam District Collector’s order to close down multiplex screens at Centre Square Mall on M.G. Road on the ground that they did not have no objection certificate (NOC) of the Fire and Rescue Services Department.
The single judge upheld the order while dismissing a writ petition filed by Peeves Project Private Limited, the owner of the cinemas, challenging the Collector’s order. The single judge, however, kept in abeyance the verdict to enable the petitioner to file an appeal before the Division Bench. The court found that the petitioner was not entitled to a final NOC from the Fire and Rescue Services Department for running the multiplex functioning on the floors from 6 to 8. Therefore, the petitioner was not entitled to their operation any more.
The District Collector had passed the order on the basis of a report filed by the Divisional Fire Officer saying that the floors where the multiplex was situated had not been granted final no objection certificate.
The court also criticised the Kochi Corporation for giving the building permit before producing the fire NOC. The court said it was difficult to believe that officials of the corporation were not aware of the requirement under building rules.
It was obligatory for the officials concerned to take utmost care to ensure compliance of the provisions in the interest of public safety. If the omission was not deliberate, it was “certainly a reckless act unmindful of the disastrous consequences affecting the life of the people.”
Unauthorised building
The government contended that the petitioner should have obtained the certificate of approval from the Director of Fire Force as required under the rule for obtaining building permits. The building could not be said to be constructed in accordance with the rules. It was an unauthorised building. The NOC could be given only if the building confirmed to the provisions of the National Building Code. The building code had been incorporated in the rules. The approval was denied by the Fire Department as the building was not conforming to the requirement of the building code.
