A  landmark judgement of the Goa bench of the Bombay high court will make it difficult for the PDAs and the Corporations to aid and abet violations of building and safety norms.

 THANKS TO THE Nitoll Jinn Trust we have discovered that it will now be more difficult for the State government, the various Planning and development Authorities (PDA) and the Municipal corporations to aid and abet the breach of building and planning regulations. At the meeting organised by Nitoll Jinn Trust and other NGOs on Wednesday at the Menezes Braganza hall at Panjim, Advocate Bernard D’Souza revealed how the judiciary had once again come to the rescue of the citizen and had made it more difficult for the PDAs and other government bodies to abet the violation of law.

 We are all aware that most builders, and in the case of the International Film Festival of India (IFFI) even the government, have been merrily bending and breaking the PDA regulations and the Town and Country Planning Act. In fact, in Panjim, the Town and Country Planning Minister in connivance with his chamcha who is installed as the Chairman of the Panjim PDA has been not just condoning, but actively encouraging builders to bend and break the law. Indeed builders can go on a rampage and violate every rule for a price. The most recent examples are the increase in the FSR (floor Space Ratio) in case of the Shalom building on the Dona Paula by-pass. It is believed that there are over 50 commercial buildings in Panjim and over 150 in the commercial capital Margao who have blatantly violated laws relating to setback, parking and even horrifying fire safety regulations.

 A civic minded citizen Gurudas G Pai had addressed a letter to the Goa Bench of the Bombay High Court alleging that a hotel Menino Regency had been constructed in gross violation of the PDA regulations 2000 as well as part IV of the fire protection provision in the National Building Code of India. The letter which was converted into a Public Interest Litigation (PIL) by the High court alleged that the Panaji Planning and Development Authority (PPDA), the Corporation of the City of Panjim (CCP) and the Director of Fire and Emergency Services had failed in the performance of their licensing and supervisory functions. Not surprisingly, all the concerned authorities in their affidavits brazenly lied and insisted that there were no deviations or violations from the terms and conditions of the licence.

 Owing to the claims and counter claims, the Court appointed Adv Joseph Vaz as a commissioner to verify the width of the existing entry and exit as also to verify whether the same was in conformity with the plans or not. The Court Commissioner, in his report, exposed the lies of the PDA and other authorities. He pointed out that the building was not constructed as per the approved plans. The front portion of the building measured 13.10  sq mts though in the plan it was shown as only 11.75 sq mts. The Commissioner pointed out further that there was only one way to go to the basement car parking which was only 2.80 mts in width. There was no separate exit measuring 3 mts as shown in the approved plans. The Commissioner also made the startling disclosure that the Director of Fire Services had also issued a show cause notice as to why the NOC should not be withdrawn for violation of safety norms. The builder had covered the open space at the rear side of the building with plastic sheets and had set up offices in the basement contrary to provisions in the plan. The commissioner had also reported to the court that the builder had not provided adequate parking space as required.

 Typical of the PDA, the counsel for the PPDA claimed that the lapses were within permissible limits and therefore were a case for regularisation and no action was called for the alleged violations. The corollary of this is that builders can violate the law in haste and have them regularised at leisure for a price. Never mind that the lives of residents of the hotel were put to risk because of the failure of the builder and presumably the owners of the hotel to comply with minimum fire safety norms.

 The Goa Bench of the Bombay High Court, in its judgement while noting that consequent on the notices served by the court some action had been taken to remedy the lapses by the Menino Regency, issued a directive which has far reaching consequences. A directive which hopefully will restrain and inhibit the various authorities from colluding and conniving with builders in endangering the safety of the citizens. The Goa bench of the Bombay High Court directed the Corporation as well as the Planning Authority and the Director of Fire Services to conduct a fresh inspection of Menino Regency and take necessary steps that the concerned party complied with the orders of the court. The authorities were also required to furnish a compliance report within three months.

 Most important of all, the honourable Bench has directed the PPDA, the CCP and the Fire Services to inspect all the high-rise buildings in Panjim which have come up since the year 2000 and submit a report on irregularities committed by such buildings. The Court has also directed the authorities to take action against builders who have bent and broken the law which may have the effect of endangering the lives of the citizens. The Nitoll Jinn Trust intends moving the Court to extend the directive to high-rise buildings all over Goa.

 The judgement could not have come at a more appropriate moment. It has been revealed that Kothari, who set up the Osia multiplex in Margao, did not have permission from the Fire Services for putting up the multiplex. Fortunately for citizens the multiplex Hollywood burnt down before it could be inaugurated. The Nitoll Jinn Trust has rightly demanded that the Directorate of Fire Services should publicly certify that the IFFI multiplexes and the renovated Kala Academy have complied with all the fire safety and other regulations. If this is not done, it is the fire department which will be responsible if the only film that is screened during IFFI is the ‘Towering Inferno’.

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