KOCHI: The Fire and Rescue Services Department on Friday submitted before the Kerala High Court the building permit obtained by Central Square Mall for operating multiplex is illegal and in violation of Rule 55 (9) of the Kerala Municipality Building Rules. The department filed the affidavit in response to an appeal filed by Peeves Projects (P) Ltd, Kochi, seeking to quash the Single Judge order upholding the directive of the Ernakulam District Collector to close down the multiplex in the mall.
The proposal for the construction of commercial and residential building, including cinema theatre on the fourth floor, was unilaterally changed by Peeves Projects while seeking revised building permit fom the Kochi Corporation. As per the revised proposal, the building is to have a height of 40.6 m, with three basements below the ground floor.
The revised proposal was for constructing of a total of nine floors other than the ground floor. Of the nine floors, six, seven and eight floors were categorised as assembly building. It was made by the appellant without obtaining any sanction or NOC from the Fire and Rescue Services Department, the affidavit stated.
"As per Rule 558 (a) of the Kerala Municipality Building Rules, in case of assembly occupancy building irrespective of the number of floors, a certificate of approval from the Fire Department should be obtained before seeking building permit. However, the permit was obtained from the corporation without following norms, which is clearly illegal," the department said. In an assembly building of this nature, at least 1,500 people will be present at the entertainment area. If a fire mishap occurs, around 1,500 people have to be physically evacuated from the building within less than 3-5 minutes.
Taking note of the physical and mental condition of the persons at that time and the height of the building as well as the safety equipment, the Fire and Rescue Services Department cannot guarantee the safety of the persons at a height more than 30 m in case of assembly building, the affidavit stated.
The court will consider the case on Tuesday.