The Bombay High Court has stepped in to address serious fire safety concerns at a residential complex in Calangute, Goa. The court has issued a notice and directed the fire department to take immediate steps to rectify violations that are putting residents, including senior citizens, at risk.
Court Takes Urgent Note of Blocked Escape Routes
A division bench of Justices Sarang V Kotwal and Ashish S Chavan issued the order after hearing a petition filed by Dr. Benjamin Braganca, a resident of the Palmarinha de Goa complex. The petitioner, a senior citizen, highlighted a critical safety hazard: the passageway to the third floor and other floors has been blocked, severely compromising the fire escape route.
Dr. Braganca, represented by his advocate Joel Pinto, informed the court that the builder or developer of the complex began operating a resort within the building. As part of this commercial activity, a blockage was erected on the third floor. This obstruction cuts off access to the rest of the passageway, of which Dr. Braganca is a co-owner.
The petitioner stated that this action has effectively boxed him and his wife into a tight corner, with the landing space now presenting an imminent fire and safety hazard for the elderly couple.
Illegal Construction and Commercial Conversion
The petition brought further alarming details to light. In addition to the third-floor blockage, gates were also installed on the second and fourth floors. Crucially, this construction was not shown as approved on the building's original construction license, rendering it illegal.
This unauthorized work has created a major safety risk by blocking Dr. Braganca's primary access and escape route. In the event of a fire, he and his wife would have no alternative path to safety. The plea emphasized that the blocked passage is a severe violation of mandated fire safety norms.
Furthermore, the petition alleged that over the years, the builder/developer has converted apartments allotted for residential use into commercial spaces. It was also submitted that the developer has been persuading other apartment owners to lease their premises back to them for a nominal amount.
High Court's Direct Intervention
After considering the gravity of the submissions, the Bombay High Court bench did not delay its intervention. The court explicitly stated that the fire department must take steps immediately to address this urgent issue. The notice has been formally issued, setting the stage for a legal process to ensure compliance with fire safety regulations and protect the residents.
This case underscores the ongoing challenges of building regulation enforcement and fire safety compliance in mixed-use developments. The court's prompt directive highlights the judiciary's role in safeguarding citizens from life-threatening hazards caused by unauthorized constructions and negligence.
