( 1 ) AS the respondent, Delhi Fire Safety Service failed in performing statutory functions, duties of protecting and safeguarding the life and property and also failed to take requisite steps to safeguard the life and property of the people residing in Delhi and particularly in the High Rise Buildings, the petitioner approached this Court for directing the respondents to take action promptly, diligently and efficiently to see that fire safety measures are provided in a building, under the Building By-laws for which, Delhi Fire Service is required to see that Fire Safety Measures are installed in a building before it is occupied or in case the buildings which were erected prior to 1983, the measures are taken so as to see that Fire Safety Measures are provided.

( 2 ) IN view of the urbanization, influx of people in the cities, shortage of space, nature of expansion and required civic amenities has resulted in the need of high rise buildings. For safety of people it is not only necessary to have civil laws and building regulations in the booklet, but their strict implementation too is absolutely essential. In the past, several incidents were reported and considering the need to fight against the fire a comprehensive code known as the National Building Code, 1970 finds place in the building bye laws. Despite this legislation on the statute book, its provisions have not been implemented. It is known that at the time of incident people and others raise hue and cry, but it remains so long as the incident remains a fresh and thereafter the incident is forgotten. In the city, number of incidents of fire have been reported causing loss to human life and property. Notably among these ugly incidents are that of Gopala Tower, which took place in 1983, Sidharath Hotel and in recent past, in Upahar cinema where casualties were much more.

( 3 ) "justice D. R. Khanna Commission of Enquiry," New Delhi in its report has pointed out at page 153 in para 13:

" It is sheer irony that DDA, which has been constituted to play a pioneer role in the development of cosmopolitan, has shown lack of perception so far as fire safety measures were concerned, in planning its own building. "the report indicates at page 154 in para 15 as under:

"the architects while submitting plans for sanction with the civic bodies, should certify that they have taken requisite fire safety measures in planning the buildings. No plan should be entertained without such certification. The building bye-laws also should clearly define what are the minimum fire safety requirements to be incorporated in different types of constructions. The officials of the civic bodies should be well acquainted and qualified to ensure their implementation. The existing architects as well as the concerned officers of the building departments of civic bodies should be given refresher courses, and for that the Institute of Architects can play a notable role so far as the professional architects are concerned. This should correspondingly apply to engineers as well. "

( 4 ) THE Commission was of the view that officer who allow sanction by deeming effect should be severally dealt with for their laches. Again malpractice indulged into by quite number of officers in neither sanctioning, nor rejecting the plan and instead entering into unnecessary correspondence and thus delaying the matter should be sternly curved. The architects and builders are required to certify the due compliance.

( 5 ) A Division Bench of Hon ble Mr. Justice Y. K. Sabharwal (as His Lordship then was) and Hon ble Mr. Justice C. K. Mahajan initially issued notice to the respondents vide order dated 28. 5. 1998 to show cause as to why petition be not admitted. Thus it is clear that the respondents were aware that the Court has taken cognizance of the matter and, therefore, it was their duty to see that before effective hearing takes place, in all the buildings which are required to have Fire Safety Measures, Fire Safety