SC relaxes conditions set in 2009 over height of school buildings

The Supreme Court on Wednesday ended the stipulation that nursery and elementary schools in the country must be of a maximum height of up to two floors

New Delhi The Supreme Court on Wednesday ended the stipulation that nursery and elementary schools in the country must be of a maximum height of up to two floors in view of the 2016 building bye-laws approved by the Centre permitting construction beyond this height.

The Central Board of Secondary Education (CBSE) had approached the top court seeking clarification of the stipulation introduced by the top court in its judgment of April 13, 2009 passed in a public interest litigation (PIL) (HT Photo)

The Central Board of Secondary Education (CBSE) had approached the top court seeking clarification of the stipulation introduced by the top court in its judgment of April 13, 2009 passed in a public interest litigation (PIL) filed by Avinash Mehrotra. The PIL sought safer conditions for children in schools in the backdrop of the 2004 tragic fire at a school in Kumbakonam, Tamil Nadu that claimed lives of 93 students.

The board pointed out that, with the passage of time, the Centre brought revised building bye-laws in 2016 which permit construction beyond three floors. These have been adopted by several states in their municipal bye-laws as per local needs which has even got approval from various high courts.

A bench headed by justice Bhushan R Gavai said, “In a city like Mumbai, having a school with ground and two floors will not be reasonable.” Allowing the clarification sought by CBSE, the bench, also comprising justice Augustine George Masih said, “We find that the clauses 2 and 4 of paragraph 3.3 of our judgment should read as under: Nursery and elementary schools should be housed in buildings constructed as per the bye laws applicable in the concerned planning areas as per the local building bye-laws.”

Clarifying the other clause in the order, the bench said, “The staircases, which act as exits or escape routes, shall adhere to provisions specified in the Model Building Bye Laws 2016 or as per the local bye laws applicable to where such schools are situated, to ensure quick evacuation of children.”

Solicitor general Tushar Mehta, along with advocate Pankhuri Shrivastava, represented CBSE in the matter.

Before modifying its earlier order, the court satisfied itself on the steps taken for ensuring fire safety before finalising the 2016 National Building Code.

In this regard, an affidavit was filed by the ministry of urban development pointing out that an entire chapter on “Fire Safety and Protection” is contained in the 2016 building bye-laws relating to educational facilities. It further stated that detailed consultations were made with central and state agencies in finalising the 2016 bye-laws.

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