Decided on December 09,2019

Ratan Saha Respondents


Akil Kureshi, Arindam Lodh,J. - (1.)This review petition is filed by the State of Tripura and its authorities seeking recall of an order dated 17.09.2019 passed in WP(C) No.205 of 2019. The said writ petition was filed by an individual, a proprietor of a cinema hall situated in M.L. Plaza, Agartala. He had questioned the action of the fire safety department of the State of Tripura in not giving fire safety clearance to the said Cinema Hall on the ground that the building did not comply with safety requirements. Several interim orders were passed from time to time in such proceedings culminating into the final order dated 17.09.2019. In view of disputes between the petitioners and the respondents regarding compliance of fire safety norms, the Court appointed an advocate of the High Court to be a Commissioner who would visit the site and submit the report. Such report dated 05.09.2019 was submitted before the Court. Based on the report in the said order dated 17.09.2019 it was recorded as under:
"The aforesaid orders stand complied with. Report of the learned local Commissioner is on record. We accept the same.

As such, we direct the respondent-State/its functionaries and more specifically the Directorate General of Fire Service, Tripura, Agartala to process the petitioner's application and issue all permissions/sanctions expeditiously, strictly in accordance with law.

The effort put in by the learned local Commissioner is highly appreciable. Mr. Debalay Bhattacharya, learned G. A. states that needful shall be done within next five working days. The statement is accepted and taken on record.

In view of the same, the present petition stands disposed of, reserving liberty to the writ petitioner to approach the Court for initiating appropriate proceeding, if so required.

Pending application, if any, also stands disposed of."

(2.)Having heard learned Government counsel as well as the counsel for the original petitioner, we are of the opinion that the said order dated 17.09.2019 needs to be recalled. Quite apart from the question of a Court appointed Commissioner who is advocate by profession to ascertain and certify compliance with fire safety norms which issue has been raised seriously before us by the Government, even the report submitted by the Commissioner does not in unequivocal terms state that all fire safety requirements were found to have been complied with.
(3.)The question is when it comes to fire safety to what extent the Court can direct acceptance of substantial compliance. Should the Court not insist on full and strict compliance of all requirements or can the fire safety department be asked to accept compliances which fall short of the necessary requirements. In the report itself the Commissioner has pointed out 3(three) areas where in his opinion the compliance was not complete. We would like to hear these issues at further length, for which purpose the said order dated 17.09.2019 is recalled. The writ petition [WP(C) No.205 of 2019] is revived and shall be placed for further hearing on 16.12.2019.

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