Marlapalle, J.

The petitioner, party in person, had initially addressed a letter elated 7th July, 2004 to this Court and the same was directed to be registered as a PIL petition as per order dated 12.7.2004. The petitioner had contended that a high rise building "Menino Regency" was constructed in gross violation of the Planning and Development Authority (Development Plan) Regulation 2000, as well as Part IV of the fire protection provisions in the National Building Code of India. It was alleged that the Statutory Authorities, namely, the Planning and Development Authority, at Panaji. as well as the Corporation of the City of Panaji, and the Director of Fire and Emergency Services, Goa had failed in performance of their licensing and supervisory functions needed for strict adherence to fire protection regulation while planning, approving and constructing the high rise building, was sought to be implemented strictly through the orders of this Court. not only in the case of Hotel Menino Regency, but also to stop similar violations in future, so as to serve the public interest in right earnest.

2. On notice by this Court, the Member Secretary, Panaji Planning and Development Authority, as well as the Director of Fire and Emergency Services. Goa filed their affidavits-in-reply contending that the subject building was constructed as per the approved plans and there were no deviations/violations of the terms and conditions. This Court, by order elated 2.8.2004, directed the hotel owner to be impleaded as an additional respondent and issued notice to him as well. By the said order Mr. Joseph Vaz, a learned Member of the Bar was appointed as a Commissioner to verify the width of the existing entry/exit and also to verify whether the same was in conformity with the plans or not. He submitted his report dated 4.8.2004 and thereafter, the petitioner filed a rejoinder along with some photographs. The Director of Fire and Emergency Services, State of Goa filed an additional affidavit. The hotel owner also has filed affidavit-in-reply. By order dated 4.8.2004, M.J.A. Lobo was appointed to act as an amicus curiae and the petition was admitted by order dated 11.8.2004 and was directed to be finally heard on 6.9.2004.

3. There is no dispute that Hotel Menino Regency is located in the City of Panaji and the development permission under Section 44 of the Town and Country Planning Act, 1974 was issued on 1.3.2001 by the Panaji Planning and Development Authority. On 23.3.2001, the hotel owner applied for NOC from the Director of Fire and Emergency Services, State of Goa. Site inspection was held on 25.9.2001 and the Director recommended the installation of fire safety measures and other fire fighting equipments in keeping with the requirements under the National Building Code of India - Part IV Fire Protection, as amended in 1997. On 30.4.2003, No Objection Certificate was granted, after site inspection. In the approved plan, there was a provision for 10 car parking spaces in the basement and four car parking spaces on the ground floor. The building, as per the approved plan, had proposed a basement, ground floor plus five floors, having total 36 rooms, one hall on the first floor admeasuring 158.70 sq. metres and a restaurant admeasuring 79 sq. metres. The minimum width of the access to the street shall be 3 metres as per Condition 4.10 (3)(a) and the car parking area shall have two independent accesses leading to the street, if the car parking exceeds 19 parking spaces as per Condition 4.10 (3)(b) of the Regulations 2000. Under Condition 4.14 of the said regulations, all high rise buildings should be planned, designed and constructed in accordance with Part IV of Fire Protection of National Building Code of India by providing fire fighting requirements, arrangements and installations. The Planning and Development Authority (Development Plan) Regulations 2000, framed under Section 141 of Town and Country Planning Act, 1974, have adopted Part