Showing posts with label national building code. Show all posts
Showing posts with label national building code. Show all posts

Wednesday, 22 July 2015

Whether National building code 2005 is mandatory in nature?

The Kerala High Court on Wednesday, 8 July 2015 in a judgment titled ‘C.M. Dinesh Mani Vs. State of Kerala‘ has held that “non adherence to the guidelines issued under the National Building Code (NBC) cannot be a reason for setting aside Kerala Municipality Building (Amendment) Rules, 2013.
 A bench comprised of Chief Justice Ashok Bhushan and Justice A.M. Shaffique observed that “National Building Code guidelines itself indicates that it is non statutory in nature, whereas it is for general application. It is for the respective State Governments to either decide to incorporate any provisions in the National Building Code as applicable to their building rules or to modify such provisions or to incorporate the same with such modifications as may be required in a particular State, as the case may be”.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ASHOK BHUSHAN, CJ & A.M. SHAFFIQUE, J.
W.P (C) Nos. 20706, 21945, 25228 & 31673 of 2013
Dated this, the 8th day of July, 2015 
PETITIONER
C.M. DINESH MANI EX-MAYOR, CORPOATION OF COCHIN
RESPONDENTS
State of kerala
CORAM;ASHOK BHUSHAN, CJ & A.M. SHAFFIQUE, J.

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