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. 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 a