CHENNAI: In what might be a major blow to the safety of school buildings, the Madras High Court has ruled that the school buildings need not be restricted to three storeys and can have additional floors.
Currently, the school buildings are permitted to have only up to three stories (ground + two floors). This restriction was imposed on schools based on the recommendations of Justice Sampath Commission, which probed the tragic 2004 Kumbakonam school fire accident.
Justice M M Sundresh in his order pointed out that the rule limiting the school building to three storeys was implemented only based on a letter by the Director of School Education Department and a circular by the Chennai Metropolitan Development Authority (CMDA). But no amendments were made to the development control rules and regulations.
“A mere circular or letter of an authority, who was not concerned with the approval of the planning permission, cannot override the statutory regulations. As long as Regulation 25 (7) is in force in the statute, the petitioner cannot be denied a permit to put up the third floor subject to other compliance,” the order dated March 23 said. An order copy of was available only recently.
Justice Sampath Commission had recommended restrictions on the number of floors in buildings to ensure safety in schools. But instead of making amendments to the building regulation laws, the recommendation was implemented only by means of a circular by CMDA’s member secretary on January 1, 2016, and a letter by Director of School Education on February 11, 2016.
The restriction was challenged by Ramaniyam Infrastructure Private Limited which had applied for permission for the fourth floor of a school building. The application was rejected by the Chennai Metropolitan Development Authority by citing the recommendations of the Justice Sampath Commission. Taking exception to the implementation of a rule only based on a letter and circular of the authorities, the court said they cannot override the statutory regulations.
High Court-appointed Monitoring Committee member M G Deivasahayam has welcomed the Madras High Court decision while questioning the validity of Education department passing strictures over granting permission to schools.
“Taking into account the Kumbakonam fire incident, there should not be a blanket rule across the state. It is a one-off incident. The availability of land should also be taken into consideration while doing away with the rule by Education Department,” he said.
A few other experts opined that it was a failure on the part of the CMDA to convene a meeting of the authority to discuss the issue and bring in an amendment to the development regulations of the state. Since there is no amendment incorporating Sampath Commission recommendations, the rules are not binding legally.
How could the order impact the schools?
This would nullify the Education Department letter based on Sampath Commission recommendations and CMDA circular that school building cannot have more than ground plus two floors
This would result in permitting school buildings to construct as per the developmental regulations and rules