Petitioner

Residents' welfare act was not violated

2.WHETHER THE CONSTRUCTION OF PAIRED TOWER VIOLATES THE

RESIDENTIAL WELFARE ACT AND FIRE SAFETY REGULATION OR NOT.
It is most humbly submitted before the Hon’ble court that the order of
demolition of paired tower constructed under the project of Ikaira, is ultra
vires in nature. Herein the arguments advanced have been dealt in threefold
manners i.e., [2.1] The court’s order of demolition was arbitrary. [2.2]
construction of paired tower under Ikaira doesn’t violate resident welfare act .
[2.3] construction of paired tower under Ikaira doesn’t violate fire safety
regulation.
[2.1] The order of Hon’ble court of demolition was arbitrary.
2.1.1 Everyone has a right to live and earn livelihood as per Art. 21 of
Constitution of UOL, and that cannot be taken away casually and arbitrarily.
Passing the order of demolition of paired towers after 40% completion of the
project is a hasty and an arbitrary decision which could further deteriorate the
rights of individual.
2.1.2 as per the moot problem the republic of Mendika is one of the most
densely populated nations in the world. Land is scarce and the population of
nation is ever increasing in this situation demolishing as many as 160 houses
will create a burden upon the people and will disturb law and order.
2.1.3
[2.2] construction of paired tower under Ikaira doesn’t violate resident
welfare act.
2.2.1 the construction of the paired tower was in accordance with the laws and
with the necessary permission of the Authorities responsible for that. Also, the
construction doesn’t violate resident welfare act.
2.2.2 Skypar homes limited proposed construction of two new towers i.e
paired tower and new plan was put up for approval from the authorities. (para
graph no 3 of moot proposition).
 2.2.3 The contention of Skypar was clearly an afterthought as it was contrary to
the stand taken by it in its affidavit filed before the High Court, correspondence
addressed to the flat purchasers and the plans/ maps prepared and sanctioned by
the Authority. According to these documents, the new towers were disconnected
from the existing 15 towers, with separate entries/exits, amenities and
infrastructure.
2.2.4 The concept of minimum distance between the two
building blocks is for the purpose of free fire tender
movement (Minimum 6 meters setback as per regulation),
air ventilation, sunlight etc. The minimum distance
requirement is in no way connected with the structural
safety of the building.1
2.2.5 The construction of paired tower was for the welfare of the nation as
seeing the scarcity of land and Mendika being the most densely populated
nations in the world and the population of the nation is ever increasing,
Multistory building was the need of the hour and hence Skypar decided to
construct 160 houses through these towers.
2.2.6 The revised plans of the construction or change in the construction plans
were in the public domain and easily available, also the construction was in
accordance with the permission from the authorities, hence no law is being
violated and every rule and regulation that needs to be followed was being taken
care of.
[2.3] construction of paired tower under Ikaira doesn’t violate fire safety
regulation.
2.3.1 It is stated that Ikaira Building Regulations intends to
provide the distance between two adjacent building
blocks to be between 6 meter to 16 meter depending
upon the height of the building blocks. It does not provide
any specific requirement of distance between two
buildings. The concept of minimum distance required
between two High Rise building of a block may not
1
Uttar Pradesh Apartment (promotion of construction, ownership and maintenance) Act, 2010
 necessarily be the same as required between the two
building blocks. For Example a building block may have
three or four stories for the entire block area and few
towers of different height and different upper stories
designed at different places in the same block.
2.3.2 It is stated here that the new building under construction
is having perimeter of approx. 230 meter the entire
building is surrounding by enough open area i.e. more
than 16 meter except at one place where the building is
made a part of block of adjoining building by way off a
proposed connecting bridge to provide an extra exit route
for the purpose of emergency evacuation. Here also the
minimum gap between old building and new building is 9
meter for 6.80 meter length with satisfies the
requirements of fire safety provisions. It does not violate
any provision with regards to fire safety and air
circulation.”2

2
Chapter 7
Fire protection and fire safety requirements.