The Supreme Court today sought response from all states on a PIL that alleged that builders and developers were violating fire safety norms specified in the National Building Code (NBC) of 2016.
A bench of Chief Justice Dipak Misra and justices A M Khanwilkar and D Y Chandrachud issued notice to all the states and sought their response in four weeks.
The Centre on other hand put the onus on the states for implementation of NBC saying fire safety is a state subject and falls under the purview of urban local bodies or urban development authorities.
"That as far as the Ministry of Housing and Urban Affairs is concerned, its role is more of an advisory nature and give directions to the state government/UT administration for preparing/amending the state building byelaws as per the Model Building Bye-laws, 2016," the Centre in its affidavit said.
It said that the NBC-2016 has been prepared by Bureau of India Standards of Ministry of Consumer Affairs and is not a statutory document but an advisory one which has been circulated to the state governments with an advice to amend their respective building byelaws in accordance with the code.
The Centre said that the Ministry of Housing and Urban Affairs vide order dated February 2, 2018 has issued advisory to the state governments to ensure adherence to the provision of NBC 2016 while undertaking the construction activities.
"They have to ensure proper enforcement of the provisions of fire safety in accordance with their respective building bye-laws and provisions of NBC, 2016."
Senior advocate V Giri and advocate V K Biju appearing for NGO United HR Foundation said that due to flagrant violation of NBC, fire tragedies are happening across the country.
Giri said that notice should be issued to all the states seeking their response on implementation of NBC.
He said that the fire tragedies like Uphaar Cinema, Meerut accident and the recent one in Mumbai's Kamla Mills compound were mainly due to the negligence on the part of authorities concerned and developers.
The apex court had on March 5, issued notice to the Centre on the plea and had sought its response.
The petitioner also submitted that the final order of Central Information Commission of November 26, 2014, had found that the Supreme Court building and Parliament building has not been complied with the fire safety provisions and no fire safety certificate has been issued.
The NGO has claimed that the real estate developers, either knowingly or unknowingly, violated fire safety norms, endangering the lives of people who bought houses in residential complexes and high rise buildings.
It has been alleged that violation was mainly done in connivance with authorities by granting fire safety clearances.
The PIL, said that every year, approximately 25,000 people died or suffered injuries from fire accidents in buildings.
"A total of 20,377 cases of fire accidents were reported in India in 2014, in which 19,513 died and 1,889 were injured. Of these cases of fire, more than 18 per cent were reported from residential buildings," the plea said.
It added that Maharashtra with 4,805 fire accidents in 2014 accounted for nearly 24 per cent of the total such incidents.
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