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2022 DIGILAW 2590 (BOM)

Gurudas G. Pai v. State of Goa

2022-12-15

BHARAT P.DESHPANDE, G.S.KULKARNI

body2022
JUDGMENT : G.S. KULKARNI, J. 1. This Writ Petition was filed in public interest raising seminal issues in regard to the Fire Safety measures to be complied by the high rise buildings, in the city of Panaji, and the concern regarding the existing and the new buildings complying with the fire safety norms so as to obviate danger to human life and property. 2. The cause as raised by the petitioner relates to the year 2004, which is alive even today in the year 2022. The background facts can be noted. The petitioner by his letter dated 7 July 2004 addressed to the Registry of this Court made a complaint of gross violation of law in regard to fire safety measures, by a hotel building of respondent no. 3. He complained that respondent no.3's building had not complied with the fire safety Rules and on such count questioned the illegal approval for occupancy granted to this building by the statutory authorities. He contended that any illegality in this regard was a very contagious phenomena and if such illegalities are not investigated and/or were permitted, a situation would arise that all high rise buildings coming up in Goa would become vulnerable to such hazards. He emphasized the need for strict adherence to fire protection regulations, while planning, approving and/or constructing high rise buildings. Illustratively he referred to the ghastly fire tragedy at Upahar Cinema theatre in New Delhi. 3. Perusal of the record would show that from time to time orders were passed by Coordinate Benches of this Court, whereby the Commissioner, Corporation of City of Panaji, was directed to ensure compliance of all the fire safety requirements by respondent no.3. In pursuance to the orders passed on this petition, respondent no. 3 took steps to comply with all the measures qua the complained building. Be that as it may, by virtue of further orders passed on this Writ Petition the scope of this petition was expanded. This Court by its order dated 30 January 2006 issued directions to the Corporation of City of Panaji as well as other authorities to inspect all the high rise buildings in Panaji, which had come up from the year 2000 and submit a report to the Registry of this Court. 4. This Court by its order dated 30 January 2006 issued directions to the Corporation of City of Panaji as well as other authorities to inspect all the high rise buildings in Panaji, which had come up from the year 2000 and submit a report to the Registry of this Court. 4. Thus the concern of the Court in the present proceedings is in regard to the compliance of the fire safety norms by the different category of buildings, considering the rapid growth of the cities and the surge in high rise constructions coming up in the State of Goa, and more particularly in regard to the buildings which have substantial human occupation and/or public gathering etc. 5. On the backdrop of the earlier orders we have heard learned counsel for the parties. This petition certainly raises vital issues on the importance of fire safety and the compliance of the fire safety norms, not only by the high rise buildings but other category of building like hospitals, office buildings, theatres, auditoriums, schools and colleges and other similar buildings. 6. Ms. N. Shirodkar, learned Amicus Curiae has brought to our notice the statutory ambit, relevant to the issues in hand, which we discuss hereunder. 7. In exercise of the powers conferred by sub-section (1) and (2) of section 4 of the Goa (Regulation of Land Development and Building Constructions) Act 2008, the Government of Goa has framed regulations called as “The Goa Land Development and Building Construction Regulations, 2010” ( for short “the 2010 Regulations”). 8. Regulation 15 of the 2010 Regulations pertains to fire & life safety requirements, under which Regulation 15.1 provides for the general provisions which ordain that buildings shall be planned, designed and constructed ensuring adequate fire safety and the safety of the inhabitants and their property and that the construction shall be carried out in accordance with Part IV of the “Fire & Life Safety of National Building Code of India 2005”, except for clause 3.4.5 of Part IV thereof. It further provides for the fire fighting requirements, arrangement and installations required to be provided in the building, which shall also conform to the provisions of Part IV Fire & Life Safety of National Building Code of India 2005. It is pointed out by Ms. Shirodkar, that presently the current Building Code of India is of the year 2016. It further provides for the fire fighting requirements, arrangement and installations required to be provided in the building, which shall also conform to the provisions of Part IV Fire & Life Safety of National Building Code of India 2005. It is pointed out by Ms. Shirodkar, that presently the current Building Code of India is of the year 2016. Regulation 15.2 provides for a requirement of a clearance from the Fire Department for all buildings, above 15.00 metres in height, which are of low occupancy in the categories as specified. It provides that an NOC from the Director Directorate of Fire and Emergency Services shall be obtained by the Owners/ Developer, before starting the work on site. The category of buildings for which such NOC is required to be obtained from the Director are specified as Institutional, Assembly and Educational buildings of more than two storeys and built up area exceeding 1000 sq. mts.; Business buildings, where plot area exceeds 500.00 sq. mts.; Hotel building; Hospital building/Nursing home building; Underground complexes; Meeting/Banquet hall building; Industrial Building for storage of hazardous goods. Regulation 15.3 provides for Exit Requirements. There are also specific provisions made in respect of records and documents which would be required by the Director of Fire and Emergency Services like the NOC, exit requirements, arrangement of exits, number of exists, capacity of exits, occupant load, fixed fire fighting installations etc. 9. A copy of the National Building Code of India, 2016 is also placed on record which envisages scope of the requirements for Fire and Life Safety in part IV of the said Code. On perusal of the Code, it is clear that it is a comprehensive code which takes within its purview a variety of aspects, in relation to all categories of the buildings including the high rise buildings. Clause 1. On perusal of the Code, it is clear that it is a comprehensive code which takes within its purview a variety of aspects, in relation to all categories of the buildings including the high rise buildings. Clause 1. 2 thereunder provides that Fire and Life Safety requirements as prescribed under the Code are applicable to all high rise buildings and special buildings, namely hotels, educational, institutional, business, mercantile, industrial, storage, hazardous and mixed occupancies, where any of these buildings have floor area more than 500 m2, having requirements on any one or more floors, educational buildings having height 9 m and above; institutional building having height 9 m and above; all assembly buildings; buildings, having area more than 330 m2 of incidental assembly occupancy on any floor; and buildings with two basement or more, or with one basement or area more than 500m2. 10. A perusal of Part IV National Building Code of India thus clearly indicates a series of requirement which are required to be complied so as to maintain adequate standard of Fire and Life Safety. Under the National Building Code of India there are guidelines for fire drill and evacuation procedure for high rise buildings. It also prescribes additional requirements for high rise buildings in annexure E the relevant clauses being 5.1.4 and 6 and for the requirements for an atrium the relevant clause is clause 6 as specified in annexure F. 11. It is significant that 2010 Regulations as applicable in the State of Goa incorporate the compliance of the “Fire and Life Safety as prescribed in National Building Code of India” for different categories of constructions falling within the ambit of the National Building Code, read with the 2010 Regulations. We are also informed that the office of the Chief Town Planner(Administration)-Government of Goa, addressed a letter dated 9 December 2019 to the Director, Directorate of Municipal Administration and the Director, Directorate of Panchayats whereby it was informed that the National Building Code, 2016 published by the Bureau of Indian Standards mandate fire and life safety requirements, in respect of the following categories of buildings. a) all high rise buildings; b) and special buildings, those are namely hotel, educational, institutional, business, mercantile, industrial, storage, hazardous and mixed occupancies where any of these buildings have floor area more than 500 m2 requirements on any one or more floors, * educational buildings having height 9 m and above; * institutional building having height 9 m and above; * all assembly buildings; * buildings, having area more than 330 m2 of incidental assembly occupancy on any floor; * and buildings with two basement or more, or with one basement or area more than 500m2. 12. The 2010 Regulations, also specify that the latest provisions of National Building Code are required to be followed. Instances have been brought to the notice of the Court that applications for NOC/clearances from the Directorate of Fire and Emergency Services are sought by the project proponents, during the time of construction and not before commencement of the construction or before issuance of construction licence, which was causing difficulty to the Directorate in implementing the provisions, as reported by the Directorate on various occasions. It was stated that as the Fire and Life Safety is an important aspect which was required to be addressed with utmost promptness at the District level/Taluka level offices, the concerned Department and PDAs were being instructed to stipulate specific conditions mentioning clearly that NOC/clearance from the Directorate of Fire and Emergency Services shall be insisted, before issuing the construction licence, by the local bodies, for the type of building as set out in the said letter. It was also requested that the Commissioner/Chief Officers of the Corporation/ Municipal Council and Secretary of the Village Panchayats be sensitized and appraised in regard to strict compliance on these norms. 13. Mr. Pangam, learned Advocate General has also drawn our attention to the provisions of the Goa Daman and Diu Fire Force Act, 1986. This Act inter alia provides for maintenance of fire force and makes provisions for maintenance of the fire force. It makes specific provisions in regard to powers of the Government/Director, Chief Fire Officer and Members of force; Powers of Members of the Fire Force on the occasion of fire; Powers of Director/Chief Fire Officer to make arrangements for supply of water; Power of Director/Chief Fire Officer to enter into agreement for assistance. It makes specific provisions in regard to powers of the Government/Director, Chief Fire Officer and Members of force; Powers of Members of the Fire Force on the occasion of fire; Powers of Director/Chief Fire Officer to make arrangements for supply of water; Power of Director/Chief Fire Officer to enter into agreement for assistance. Section 13 of this Act provides for preventive measures, which the Government by notification in the Official Gazette require the owners or occupiers of premises in any area or any class of premises which is in its opinion are likely to cause risk of fire, to be adopted as may be specified in a notification to be issued in that regard. Chapter III of this Act provides for acquisition of Fire Fighting Property. Chapter IV provides for penalties, Section 20 falling under this Chapter provides for a penalty for violation of duty etc. Section 21 provides for failure to take precautions. Section 22 provides for punishment for wilfully obstructing fire fighting operations. Chapter V of this Act provides for General and Miscellaneous provisions under which Section 27 stipulates a liability of the owner of the property to pay compensation. Section 28 provides for inquiry into origin of fire and report to the Government. Section 27 and 28 are required to be noted which read thus:- The Goa Daman and Diu Fire Force Act, 1986. “Section 27. Liability of owner of property to pay compensation. — (1) Any person whose property catches fire on account of any action of his own or of his agent done deliberately or negligently shall be liable to pay compensation to any other person suffering damages to his property on account of any action taken under section 10 of this Act by any officer mentioned therein or any person acting under the authority of such officer. (2) All claims under sub-section (1) shall be referred to the Collector within thirty days from the date when the damage was caused. (3) The Collector shall, after giving the parties an opportunity of being heard, determine the amount of compensation due and pass an order stating such amount and the person liable for the same. The order so passed shall have the force of a decree of a Civil Court, and shall be subject to an appeal to the District Judge having jurisdiction over the area in which the property is situated. Section 28. The order so passed shall have the force of a decree of a Civil Court, and shall be subject to an appeal to the District Judge having jurisdiction over the area in which the property is situated. Section 28. Inquiry into origin of fire and report to Government. —Where any fire has occurred within any area in which this Act is in force, the Collector shall ascertain the fact as to the origin and cause of such fire in consultation with the Director/Chief Fire Officer and shall make a report thereon to the Government.” There is an appendix annexed to the above Act which provides for a list of 55 places and trades, for which no objection certificate from the Fire Service is necessary. Further under the provisions of said Act there are rules framed by the Government which are called as Goa State Fire Force Amendment Rules 2009. 14. Mr. Pangam, has also drawn our attention to the status of fire safety plans in hospitals and health centres. A note along with a chart is placed on record which states that inspection was carried out by Directorate of Fire and Emergency Services-Government of Goa for all the Primary Health Centres, Community Health Centres, Urban Health Centres, District Hospitals and South District Hospital, under the Directorate of Health Services and recommending various measures pertaining to fire safety. It is stated that subsequently the requirements for such measures to be adopted were forwarded to the PWD to obtain estimates for the work to be carried out. It is also stated that estimates for some centres have been received and were put up to the Government for administrative and financial approval. It is also stated that Fire NOC as issued to the Health Centres and Hospitals is valid for one year and that the Fire Services Department undertakes inspection (Fire Audit) one month prior to expiry of the fire NOC. Also a Fire Safety Committee for hospitals is also functional and a Nodal Officer is appointed. It is stated that all Health Centres have fire extinguishers which are regularly maintained. It is stated that Health Centres/Hospitals are carrying out Fire Mock Drill and fire extinguisher training periodically. List of the hospitals, Primary Health Centres, Community Health Centres, Urban Health Centres which have obtained fire NOC is placed on record. It is stated that all Health Centres have fire extinguishers which are regularly maintained. It is stated that Health Centres/Hospitals are carrying out Fire Mock Drill and fire extinguisher training periodically. List of the hospitals, Primary Health Centres, Community Health Centres, Urban Health Centres which have obtained fire NOC is placed on record. We find that about 16 such centres have obtained fire NOC and about 18 centres are in process of obtaining such certification. 15. We may observe that in the contemporary times the importance on fire safety and compliances of the fire safety norms, have gained new dimensions. These requirements have certainly undergone drastic changes. The approach of the citizens also need to be pro-active in regard to compliance of the fire safety requirements. The petitioner was correct in his apprehensions on this front, that too in the year 2004. The change in the landscape of modern towns and cities certainly would require a strict regime of compliances of the fire safety norms. 16. We find that the Government of Goa has remained well conscious in impressing the adherence of such requirements. It has also made adequate regulations requiring compliance of the various norms under the National Building Code as noted above. It is also mandatory under the 2010 Regulations to obtain an NOC approval from the “Fire Services Department”, before building is occupied. It is also imperative for the different category of buildings, as we have discussed above, to have an annual Fire Safety Audit. There is also an intimation from the office of the Chief Town Planner to the Municipal Administration and the Directorate of Panchayats requesting compliance of the norms and to sensitize the machinery in regard to strict adherence and compliances of the fire safety norms, in granting building permission and occupancy. 17. We may observe that it is of immense importance that the concerned Officers of the Municipal Administration, Director, Directorate of Panchayats as also Town and Country Planning Authority who implement and assertain the compliance of the statutory requirements need to implement and adhere to a regime of strict compliances of the fire safety rules and regulations. There is no scope for exercising any discretion in exempting and/or permitting non-compliance. Any dereliction and/or non-compliance by any person whosoever, is required to be dealt sternly. There is no scope for exercising any discretion in exempting and/or permitting non-compliance. Any dereliction and/or non-compliance by any person whosoever, is required to be dealt sternly. There can be no laxity inasmuch as non-compliance of any of such measures would endanger human lives and property, in the event of any unfortunate event of a fire. There cannot be anything more valuable than a human life. We may also observe that in different states there are several instances of devastating fires having occurred in hospitals and public places in which scores of lives are lost accompanied with large scale damage to the properties. Reasons for such fires may be too many, it may be negligence of the occupants, it may be an accident by short circuit or any other like causes. However the lesson to be learnt from such ghastly incidents is to have an appropriate timely compliances of the fire safety norms right from the use of quality materials, appropriate technical compliances and by providing all essential fire safety equipments, not only concerning supply of electricity, piped gas, installations in the building like air conditioners or other electric systems, generators, lift mechanism, solar panels, heating arrangements to name a few. 18. It would be the obligation and duty of the concerned department to have a yearly programme/agenda of having a fire audit of all vulnerable buildings and more particularly a meticulous compliance to be achieved in respect of buildings in which there is large public habitation or gatherings like schools, colleges, hospitals, cinema houses, auditorium marriage halls etc. 19. In the context of the issues in hand, we may also refer to some of the decisions. The Supreme Court in Municipal Corporation of Greater Mumbai and others vs Kohinoor CTNL Infrastructure Company Private Limited and another, (2014) 4 SCC 574 , was dealing with a case in regard to a stop work order issued by Municipal Corporation of Greater Mumbai, issued due to non-compliance of certain building regulations. The Supreme Court considered the hazards arising from non-compliance of fire safety standards. It was observed that such issue are required to be examined in the light of the statistics of the population in the island city of Mumbai, the availability of the roads and the incidents of fire, which had taken place in the island city. The Supreme Court considered the hazards arising from non-compliance of fire safety standards. It was observed that such issue are required to be examined in the light of the statistics of the population in the island city of Mumbai, the availability of the roads and the incidents of fire, which had taken place in the island city. It was observed that these issues have become urgent particularly for the residents of island city and such issues were required to be looked into from the perspective of Article 14,19, 21 and 48-A of the Constitution of India. 20. In Avinash Mehrotra Vs Union of India and others, (2009) 6 SCC 398 , the Supreme Court was considering a Public Interest Litigation raising an issue of safer school conditions in order to protect the right to life and education guaranteed to all school-going children under Articles 21 and 21-A of the Constitution, in the wake of an unfortunate fire accident in a privately run school, when a fire started in the school’s kitchen while cooks were preparing mid day meal under a mid day meal scheme. The school building housed more than 900 students in a crowded, thatched-roof building with a single entrance, a narrow stairway, windowless classrooms and only one entrance and exit. The ventilation of the entire school building was extremely poor with only cement-perforated windows. The kitchen fire rose so high that the thatched roof of the classrooms had caught fire and the blazing roof supported by bamboo poles collapsed on the school children and most of them died on the spot. The school’s narrow, steep stairs and few exits hampered efforts of the nearby residents, in dousing the flames who were trying to rescue the children. The Supreme Court in these circumstances was concerned with the frequent occurrences of the flagrant violation of the school safety regulations, which was continued in the entire country, even four decades after the Government had pledged to enforce the regulations. It is in such context the Supreme court emphasized the importance of strict adherence to the fire safety norms as incorporated in the National Building Code, 2005 (as then prevalent), in its applicability to the school. It was observed that considering what had happened in the school in question, it had become imperative that the education which is provided to children in the primary schools should be in the environment of safety. It was observed that considering what had happened in the school in question, it had become imperative that the education which is provided to children in the primary schools should be in the environment of safety. Each school must follow the bare minimum safety standards, in addition to the compliance with the National Building Code of India, 2005 in particular part IV of Fire and Life Safety and the Code of Practice of Fire Safety in Educational Institutions prescribed by the Bureau of Indian Standards. It was directed that the Education Secretaries and the Union Territories of each State shall file an affidavit of compliance as to the directions made in the said order. Thus, this decision highlights the need for strict adherence of the fire safety norms being integral to the fundamental rights guaranteed to the citizens and more particularly the children right under Article 21 to study in safe school which comply with the fire safety norms. 21. A Coordinate Bench of this Court in a Public Interest Litigation No.1172 of 2021(F) in the case of South Goa Advocates Association Vs State of Goa in its order dated 28 May 2021, Public Interest Litigation No.1172 of 2021(F) emphasized the requirement of fire safety norms to be followed in so far as the fire safety of COVID treatment and care centres were concerned. The Court observed that detailed directions for ensuring fire safety at dedicated COVID Hospitals and COVID Care Centres, both Government and private be followed. 22. Having noticed the statutory provisions and the relevant decisions in the context of fire safety norms, we are of the clear opinion that it is bounden duty of every citizen to strictly adhere to the rules and regulations on compliance of fire safety requirements. It would be a fundamental duty of every citizen not only in the context of his own right to life, but with due regard to the right to life of the other citizens who may be residents of the building or in the vicinity to strictly comply with the rules and regulations and make provision for fire safety. Such persons by not adhering to such norms and/or being callous in maintaining the safety requirements and standards, would not only be endangering their own life but would endanger lives and property of others. Such persons by not adhering to such norms and/or being callous in maintaining the safety requirements and standards, would not only be endangering their own life but would endanger lives and property of others. Hence citizens cannot by their negligent actions, illegalities, non-compliances of fire safety norms infringe the right of the citizens to occupy and/or remain in premises free of fire hazards. 23. In our clear opinion the right of a person to occupy building free from fire hazards and having adequate fire compliances is integral to the right to life guaranteed under Article 21 of the Constitution. 24. There is so much of truth in the verbalism that it is dangerous to play with fire. We may hence observe that any negligence not only in the compliance of the requirements of the fire safety and/or failure to undertake fire audit and bringing about compliances wherever they are lacking, is nothing short of playing with fire. It is thus of utmost importance that the citizens are sensitized, they become vigilant and over and above this, there is a strict and meticulous compliance of the fire safety requirements as statutorily prescribed. Any dereliction or non-compliance on this front is required to be dealt sternly and compensatory penalty ought to be imposed on such persons as any breach of such compliances is a direct violation of the fundamental rights of the citizens. Occurrence of a fire can lead to an irreversible damage. The valuable rights of the citizens on this count, cannot be left to be breached at the hands of those who do not care for others, and/or are callous in their approach in complying with such norms. 25. There is yet another aspect, the compliance of the fire safety norms in Industrial Buildings of all categories whether temporary or permanent, also cannot be overlooked. The authorities are required to pay special attention to the fire safety requirements of such buildings. This more particularly, when work being undertaken in such buildings is likely to be of a hazardous nature, involving serious concern in regard to safety of human life. This would require strict compliance of the fire safety regulations qua such buildings. The innocent workers working in Industries and factories cannot be permitted to work with a a peril of a fire and non-availability of safety equipment or compliance of measures, in the unfortunate event of a fire taking place. This would require strict compliance of the fire safety regulations qua such buildings. The innocent workers working in Industries and factories cannot be permitted to work with a a peril of a fire and non-availability of safety equipment or compliance of measures, in the unfortunate event of a fire taking place. In this context the history is replete with industrial fires wherein scores of people have lost their lives. 26. In the light of the above observations, we dispose of present petition by following directions:- i. The Government of Goa and the concerned Planning Authorities namely the North Goa Planning and Development Authority, South Goa Planning and Development Authority, the Commissioner of Corporation of the City of Panaji, Chief Officer of the Municipal Councils in the State of Goa and the Directorate of Panchayats, and all Town and Country Planning Authorities are directed to achieve strict compliance of the provision of the Goa Land Development and Building Construction Regulations, 2010 prescribing the fire safety norms. ii. The authorities acting under the Regulations and under law are directed to appoint a Nodal Officer/Group of Officers who can consider a periodical inspection in regard to the installations, maintenance and compliances of fire safety norms in respect of special buildings like hospitals having indoor patients, schools and colleges, theatres, multiplexes and cinema houses, public auditoriums, public buildings and hotels. iii. The authorities shall ensure strict compliance of the norms in regard to “annual fire audits” which be undertaken prior to the expiry of annual fire NOC, in regard to such categories of buildings, which require such annual approvals. iv. The authorities shall also comply with the fire safety norms in regard to electric/electronic hoardings, sign boards, neon signs etc which are installed on buildings and ensure strict adherence to the fire safety norms, from the persons responsible for such installations. v. It shall be ensured that industrial buildings of all categories temporary or permanent, strictly adhere to the fire safety norms, including installation of fire safety equipments. There shall be periodical inspection of such compliances, by categorising such industries on the basis of their vulnerability to such hazards, in the context of the nature of their activities. vi. v. It shall be ensured that industrial buildings of all categories temporary or permanent, strictly adhere to the fire safety norms, including installation of fire safety equipments. There shall be periodical inspection of such compliances, by categorising such industries on the basis of their vulnerability to such hazards, in the context of the nature of their activities. vi. In regard to compliances of fire safety measures/norms by high rise buildings, schools and colleges, theatres, multiplexes, cinema houses, public auditoriums, public buildings, residential hotels, lodging and boarding houses, a database shall be maintained indicating the date of the fire safety compliances and inspection and such information be provided on the official website. vii. The concerned authorities shall ensure availability of all the fire fighting equipments like fire engines etc in the vicinity of complexes and buildings where larger habitation exists and/or public gatherings take place. viii. The Municipal Administration is also required to provide appropriate access/roads for movement of fire engines in all municipal areas. 27. Before we part we express our deep appreciation and gratitude to the assistance provided by Ms. Neha Shirodkar, learned Amicus Curiae and to Mr. D. Pangam, learned Advocate General as also to Mr. J. E. Coelho Pereira, learned senior counsel appearing for the respondent no. 3. 28. Disposed of. No costs.