LI Network
Published on: 19 August 2023 at 11:04 IST
A Public Interest Litigation (PIL) petition aiming to establish comprehensive regulations and mechanisms for elevator installations has been dismissed by the Supreme Court.
The PIL sought to address elevator safety in mid-rise and high-rise buildings by implementing stringent accountability measures for lift owners, building developers, resident welfare associations (RWAs), and relevant authorities.
The Court declined to entertain the PIL, emphasizing the role of state and central governments in legislating and enforcing such regulations.
The PIL, filed by RTI Activist and Environmentalist Kishan Chand Jain, highlighted the absence of regulatory frameworks for elevator installations in 18 States and 7 Union Territories.
The petitioner raised concerns about the violation of the fundamental right to life and the lack of attention to lift safety in these regions.
The Court noted that the petitioner could present their case in the respective High Courts of those states and territories that lack elevator regulations.
The petitioner was told by the Bench, composed of Justice B.R. Gavai and Justice Prashant Kumar Mishra, to approach the relevant authorities in those states and Union Territories for redressal.
The Court stated, “Go and make a representation to the State and the Central Government. We are not inclined to entertain this Petition. The legislature and the government will take care of this. You either withdraw or we will dismiss it.” Consequently, the petitioner chose to withdraw the PIL.
The PIL underscored the recurring lift accidents in India and the need for regular inspections to prevent such incidents in mid-rise and high-rise buildings.
The absence of legislation and regulations in several states and Union Territories was highlighted as a grave oversight, jeopardizing citizens’ safety and fundamental rights.
The petition also referenced a communication by the Secretary, Government of India, Department of Consumer Affairs, which highlighted the necessity of enacting Lift Acts/Rules in various states and Union Territories to ensure compliance with Indian Standards and enhance elevator safety.
In conclusion, the Supreme Court reiterated the importance of addressing elevator safety concerns through appropriate legislative channels and dismissed the PIL.
