Kolkata: Calcutta HC on Friday restrained the state fire services department from acting on a Sept 4 notice directing TMC to vacate its Camac Street office over alleged non-compliance with fire safety norms. Justice Krishna Rao said the relief would remain in force until Sept 16, when the matter will be heard again. The court could not pass a detailed order due to paucity of time.TMC had challenged the notice, which was issued after the fire department inspected the premises on Sept 1. The department said the building’s fire safety compliance certificate had expired on Aug 10 and had not been renewed. The property owner claimed the lease had been terminated on Aug 20.Senior advocate Kishore Datta, appearing for TMC, said the party had complied with several fire safety requirements. He said the sixth floor had 60 fire sprinklers and 15 smoke detectors, while the seventh floor had 45 sprinklers and 15 smoke detectors.Datta also submitted that under the agreement between the TMC and the property owner, responsibility for fire safety compliance rested with the owner.“What is interesting is that from the basement to the fifth floor there is no hazard, the entire hazard is on the sixth and seventh floor?” Datta said.Advocate general Surajit Nath Mitra, appearing for the state, said the authorities had found fire safety lapses during the inspection and that the building’s fire safety certificate had expired without being renewed.Rao said the TMC had appeared at the initial hearing and stressed that an affected party should be given an opportunity to respond before an adverse order was passed.“If the authority is going to pass an order against a person, opportunity should be given. Fire safety is not like within an hour, all the things have to be done. It requires some time,” he said.The court also flagged what it described as contradictions between the positions of the state and the property owner. Rao questioned how the responsibility for rectifying the fire safety deficiencies could be placed on the occupier if the owner had already terminated the lease.“If you have terminated the lease deed then how can the occupier do the compliance?” Rao asked.The court further questioned whether the tenant could rectify the deficiencies identified by the fire safety authorities if the owner maintained that the lease had been terminated.
