Chandigarh, July 19, 2019: A public interest litigation (PIL) has been filed in the Punjab and Haryana High Court seeking closure of all coaching centres mushrooming in residential as well as commercial areas in Punjab till they do not follow the mandatory provisions for safety of school children.
The following is the petition filed in the High Court:
IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH
CWP-PIL No. ……. of 2019
1. Council of Engineers, H. No. 186-E, B R S Nagar, Ludhiana through Shri Kapil Dev s/o Shri Jagdish Chander, its President.
2. Kapil Dev (aged 42 years) S/o Shri Jagdish Chander, 186-E, B.R.S. Nagar, Ludhiana, Punjab.
3. Er. Kulwant Singh Rai (aged 46 years) s/o S. Daya Singh, H. No. HJ 144, Punjab Housing Board Colony, B R S Nagar, Ludhiana
4. Er. Mohit Jain (aged 37 years) S/o Shri Anil Jain, Plot No. 29, Charan Street, Aman Park, Backside Gas Godown, Ferozepur Road, Ludhiana.
Versus
1. State of Punjab, through its Chief Secretary, Punjab Civil Secretariat, Chandigarh
2. Additional Chief Secretary, Government of Punjab, Department of Local Government, Punjab Municipal Bhawan, Plot No. 3, Sector 35A, Chandigarh
3. The Principal Secretary, Department of Housing & Urban Development, PUDA Bhawan, Sector 62A, SAS Nagar, Mohali, Punjab.
..…Respondents
Place: Chandigarh (HARI CHAND) & (J.S. RANA)
Dated: 2.7.2019 P-228/1993 P-275/1997
Advocates
Counsels for the Petitioners
Civil Writ Petition under Article 226 of the Constitution of India (by way of a PIL), for seeking the issuance of a Writ of Manadmus, or that of Prohibition, directing for closure of all Coaching Centres mushrooming in residential as well as commercial areas in State of Punjab till they do not follow the mandatory provisions for safety of school children, inter-alia, for the reasons that (i) these Coaching Centres have come up in violations to Punjab Model Building Byelaws 1997, 2010 & 2018 as well as mandatory provisions of Fire safety norms of National Building Code of India thus, risking the lives of students, as well as causing inconvenience to residents of such residential or commercial areas; (ii) Coaching Centres cannot be allowed to run in residential areas; (iii) and all such Coaching Centres have come up in Residential and Commercial localities in violation to Punjab Model Building Bye-laws as well as Master Plans; and (iv) their buildings have been constructed in violations of National Building Code of India mandatory to be followed in particular Part IV - Fire & Life Safety and the Code of Practice of Fire Safety in Educational Institutions (IS 14435:1997) of the Bureau of Indian Standards; and (v) and the buildings have been covered with illegal hoardings & bundles of open electrical wires, causing hindrance to escape routes; and (vi) these Coaching Centres are functioning against Article 21 of Constitution of India for the people at large as it results into prejudice to common man , whose right to environment, right against congestion on residential roads & parking in haphazard manner; and (vii) despite legal notice dated 27-05-2019,annexure P-16, on the respondents, they haven’t taken any action against the violators; and (viii) there are directions of Hon’ble Supreme Court for children to study in safe environment in Schools in India and suchCoaching Centres are not less than second school, but all such Coaching Centres despite taking fee much more than schools, have no responsibility or accountability of providing safe environment to children;
And also to issue a Writ of Mandamus for directing the respondents to make policy for mandatory requirement of registration & approval to run Coaching Centres having students more than 10 at any given time ;
And also to issue a further Writ of Mandamus for directing the respondents to notify Punjab Fire Safety Act on the ground that (i) Fire Departments in Punjab are ill-equipped having no hydraulic ladder and catching nets to reach high rise buildings and save lives of people trapped in buildings; and (ii) is having no proper fire safety gears/equipments & sufficient resources to douse fire originating from different sources; and (iii) the fire department in Ludhiana too, has already lost many lives of their employees while dousing fire in various fire incidents in Ludhiana and; (iv) massive fire incidents are happening continuously in Ludhiana and fire department is failing every time to douse the flames in time;
And for grant of any other relief to the petitioners, to which they may be found to be entitled by this Hon’ble Court, in the facts and circumstances of the instant case.
RESPECTFULLY SHOWETH:
1. That the petitioner No. 1, i.e. “Council of Engineers” with its head office located at 186-E, Bhai Randhir Singh Nagar, Ludhiana 141012 (Pb.), is an Association of Building Engineers of India, including Civil Engineers. The petitioner No. 2 is the President of the petitioner No. 1-Association. He is an Indian citizen. He is a Graduate Civil Engineer and petitioner no.3 & 4 are also Graduate Civil Engineers. The petitioners are therefore, entitled to invoke the extraordinary writ jurisdiction of this Hon’ble Court under Article 226 of the Constitution of India. It is pertinent to submit at this stage that the petitioner No. 1-Association is not yet registered with the concerned authorities under Societies Registration Act, and it is for this reason that three Civil Engineers, who are the Members of the petitioner No. 1-Association, are also being associated with the instant Civil Writ Petition as co-petitioners. A copy of the Resolution dated 28.6.2019 passed by the Association for filing the instant Civil Writ Petition is produced herewith as Annexure P-1.
2. That the Private Coaching Coaching Centres /educational institutions in Punjab are running in both Residential as well as Commercial pockets. Thousands of such institutions are running in all parts of Punjab & depending upon size of every Coaching Centre/institute, number of students studying in such institutes varies from few hundreds to thousands in number. Most of the Coaching Centres are running in SCO (Shop cum Office) or SCF (Shop cum flats) as well as residential buildings in localities like Model Town Extension, Kitchlu Nagar, Sarabha Nagar Market, Dugri area, Pakhowal Road at Ludhiana, J P Nagar residential area, Vijay Nagar residential area Arora Prime Tower, Market Behind Narender Cinema etc. at Jalandhar. Similar is the situation of other parts of Punjab. The Coaching Centres/Institutes in Residential Buildings are being run illegally under the very nose of officials of respective Municipal Corporations/ Councils & PUDA (including GLADA, GMADA, BDA, JDA etc.). All such private institutes do not require any regularization/ registration from any Government Department in Punjab. Photographs taken in May/June, 2019 on various dates,showing some illegal Coaching Centres running in Residential Areas of Ludhiana, Jalandhar, are produced herewith as Annexure P-2 to Annexure P-8.
3. That the Coaching Centres running in Commercial areas have installed illegal billboards & hoardings on front face of their buildings thus resulting into blockage of possible access during any fire incident. This Hon’ble court has issued directions for removal of Illegal hoardings from private buildings, but the MCs as well as PUDA (GLADA/GMADA/JDA/BDA/PDA etc.) are not willing to take action against the violators to remove such illegal hoardings. Further, bundles of wires in open are hanging in front as well as rear sides of these Coaching Centres which can be reason for fire due to short circuit too. Photographs. Clicked during May/June, 2019 on various dates, showing some of Coaching Centres running in commercial areas Mohali and Ludhiana in violation to Building Byelaws in active connivance of concerned officials of ULBs/PUDA are produced herewith as Annexure P-9 to Annexure P-15.
4. That as per Architectural Control Drawings of PUDA on website of Jalandhar Development Authorities (JDA), SCOs & SCFs with one Basement, Ground Floor, First Floor and Second Floor are permitted in Punjab by the development authorities. Further, the land Area upto depth of 13’6” towards Rear side of SCO and SCF shall be left open to sky as Courtyards. Only boundary wall and gate upto height of 6’0” is permitted in this area. The basement cannot be used habitable purposes. It can only be used for Storage only. Further no basement is permitted under the Public Corridors & Courtyards.
5. That the Educational Institutions are mainly conducting courses for Students of Class VIII to Class XII (Board, entrance examination, IELTS Coaching etc.) and likewise schools, these institutions operates throughout the day from early morning hours to late evening hours. These Institutions are no less than second school for teenage students. However due to aforementioned serious flaws & violation of provisions of building bye-laws, these SCOs/SCFs are not fit to be used as Coaching Centres/Educational Institutions. These institutions are taking much more fee than Schools (varying from thousands to lakhs per annum) but have no responsibility & accountability of providing any safe environment for Students in Punjab. As per Building bye-laws, One Sq meter of net area is required for each students but in these Coaching Centres, the number of Students per Sq meter area is much more. Due to massive violations of building byelaws as well as National Building Code of India, just like Fire incident at Surat, where in a large number of students of Coaching Centres were burnt alive recently, such illegal operation of Coaching Centres/Educational Institutions can prove to be fatal for students & others at any time due to fire or even earthquake. The educational Institutions being run in residential areas also causes inconvenience to residents of locality in terms of haphazard parking, noise and traffic chaos. All such illegal activities are going on in active connivance with the concerned officials of Municipal Corporation and thus risking the lives of thousands of students every day.
6. That as per Building Bye-laws issued from time to time, the provisions related to ceiling heights, width of staircase, for educational buildings have been specifically defined for safety of Children. Some provisions of prevailing Punjab Model Building Bye-laws 2018 are produced as under:
4.7 F.A.R. FOR COMMERCIAL:
4.7.1 Site coverage, Parking, Height and F.A.R.:
(i) The commercial building activity shall be regulated in accordance with the provisions, regarding site coverage, parking, height and F.A.R. as per Schedule-I.
(ii) In case of commercial sites located in the Town planning and Building schemes or in any planned scheme/colony, coverage, regulations and zoning shall be in accordance with the schedule of Clauses of the sanctioned scheme.
(iii) In case of commercial sites located in the schemes of Improvement Trusts, Urban Estates, Industrial Focal points or scheme prepared under any other Act and stands transferred to the local bodies, the coverage shall be regulated by zoning regulations and Architectural / Building control sheets applicable to that sanctioned scheme.
Clause 5.3.1.1: The requirements of clause 5.3.1 apply to residential, commercial etc. buildings. For educational and industrial buildings, the following minimum requirements apply:
Minimum height of requirement for educational and industrial buildings:
S. No.
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Types of Building
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Ceiling Height
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1.
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Education Buildings
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Ceiling height 3.6 m for all regions
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2.
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Industrial Building
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Ceiling height 3.6 m, except when airconditioned, 3m (Factory Act 1948 and Rules therein shall govern such heights, where applicable).
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Clause 5.15.2
The minimum width of staircase shall be as follows:
D
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For Educational Buildings
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1.5 m
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5.19.5 Arrangement of Exits
a) Exits shall be so located so that the travel distance on the floor shall not exceed 22.50 m. for residential, educational, institutional and hazardous occupancies and 30.0 m. for assembly, business, mercantile, industrial and storage occupancies. Whenever more than one exit is required for a floor of a building they shall be placed as remote from each other as possible. All the exits shall be accessible from the entire floor area at all floor levels.
b) The travel distance to an exit from the remote point shall not exceed half the distance as stated aboveexcept in the case of institutional occupancy in which case it shall not exceed 6.0 m.
5.19.7 Minimum Width Provisions for Passageway/Corridors:
The following minimum width provisions shall be made for each passage way/corridor.
a) Residential buildings, dwelling unit type. 1.00 m.
b) Residential buildings, e.g., hostels, etc. 1.25 m.
c) Assembly buildings like auditorium theatres and cinemas. 2.00 m.
d) All other buildings including hotels. 1.50 m.
e) Hospital, Nursing Homes, etc. 2.40 m.
8.2 Educational Building (School/Colleges):
1. No basement or cellar room shall be designed, constructed, altered, converted or used for the purpose of study or instruction.
2. Every such building, exceeding two storeys in height shall be constructed of fire resisting material throughout.
3. The minimum size of a cellar room, study room or room used for purposes of instruction shall be 5.5 m. x 4.5 m. and no part of such room shall be distant more than 7.5 m. from an external wall abutting on the requisite open space. Every such room shall have minimum ventilation to the extent of 1/5th of its floor area.
4. A minimum of 1.0 sq m. of net floor space per student shall be provided. A central hall will not be counted in the accommodation, nor will a class room for cookery, laundry, manual instruction, drawing or science. The number of students in such building shall be calculated on this basis for the purpose of this clause.
5. Every assembly room, gymnasium shall have a clear height of 3.6 m. except under a girder which may project 0.6 m. below the required ceiling height. A clear internal height under balcony or a girder shall not be less than 3.0 m. A minimum room height for classroom in all schools and other institutions shall not be less than 3.0 m. The minimum head room under beams shall be 2.75 m.
6. Exit requirements shall conform to bye-law 5.2 (Chapter-5). No door shall be less than 1.2 m. in width and 2.20 m. in height.
7. That as per Punjab Model Building Bye-laws, 2018, the clause 3.14.7 for penal action for Unauthorised Development in Urban Local Bodies in Punjab is produced as under:
“3.14.7 Unauthorized Development In case of unauthorized development, the Authority shall take suitable action, which may include demolition of unauthorized works, sealing of premises, prosecution and criminal proceeding against the offender in pursuance of relevant laws in force. The municipal employees who by their act of commission or omission have allowed unauthorized constructions will be liable for similar action.
The copy of Punjab Model Building Bye-laws 2018 shall be produced hearing of the case.
8. That despite well-defined rule of law for Residential Buildings, illegal commercial activity of Private Coaching Centres is continuously being run by the owners. Such Coaching Centres are increasing as rapid speed and even many teachers of schools are teaching in such private institutions by going against the Right to Education Act, 2009. Even few Government officials of other Government Departments are also engaged in this private profession which is illegal as per Service Rules in Punjab. Amidst from peer pressure, the parents as well as students are being forced to rely on private Coaching Centres in addition to attending classes in schools, and in a large number of cases, the presence of such students is being marked in concerned Schools, while they are studying in such Coaching Centres. Even students for rural areas come to big cities like Ludhiana, Jalandhar, Mohali etc. to get Coaching for various entrance examinations as well as IELTS/ TOEFL etc. and thus demand of private institutions is rising day by day.
9. The fire safety norms have been bluntly violated by them and Fire Department as well as development authorities including Municipal Town Planning departments, PUDA (including GLADA, GMADA, BDA, JDA etc.) have kept their eyes closed on all such illegal activities going on under their very nose. Such illegal and unapproved Coaching Centres cannot be allowed to run in Residential buildings. The width of staircases in such residential buildings vary from 2’9” to 3’6” which is far below the mandatory condition of 1.50 m i.e. 5’0” as defined in Building Bye-laws. Further, in most of such residential buildings, no emergency fire exit is provided for safety of Students, Tutors & others. Such buildings in residential area have also been constructed in violation of Building Byelaws.
10. That SCOs and SCFs in large number are being used to run private Coaching Centres/Educational Institutions all over Punjab. However, the buildings have been constructed in serious violations to Building Bye-laws. The major serious flaws in SCOs in which Private Coaching Centres/ Educational Institutions are being run are as under:
(i) All such SCOs have very narrow staircase. The width of such staircase vary from 2’6” (0.75m) to 3’3”(1.0m), which is on very lower side.
(ii) No emergency fire exit is provided in any of the SCOs & due to any fire incident, students may get trapped in fire due to single entry & exit point.
(iii) No open space (courtyard) is left towards backside of all such SCOs.
(iv) The height of ceiling is just 2.80m to 3.0m which is far less than mandatory requirement of 3.6 m for educational institutions as per building byelaws.
(v) There are Restaurants in many SCOs and provision of Pantry in every second SCO in such markets. LPG Cylinders are used to cook food etc. resulting into high risk of fire in the buildings.
(vi) The front side of almost all such SCOs/SCFs have been Illegally covered/blocked by Illegal Hoardings & Billboards. In case of any fire incident in building, students will not be able to come out of building and such fire may lead to fatal incident.
(vii) The basements can only be used for storage purposes in SCOs/SCFs however these basements are illegally being used for inhabitant purposes.
(viii) Construction of Building upto Second Floor is permitted in SCOs/ SCFs but third floor and above is constructed in most of the SCOs/SCFs in almost all such localities.
(ix) Fire Extinguishers are not provided in most of such Private institutions.
(x) Second Floor of all educational buildings is required to be constructed by using Fire resistant building material. However, woodwork is used as partitions walls in most of such private institutions. As wood is flammable, it may lead to spreading of fire rapidly.
(xi) The rear side of most of SCOs has been fully covered by constructing illegal construction and there is no access or exit point from all such buildings. The access provided by few buildings have been blocked by fixing wooden boards and Generators have been installed in front of gate by few occupiers too.
(xii) Electrical wires in huge numbers are hanging openly in haphazard manner towards rear side as well as front side of all such SCOs which may lead to fire due to sparking/short circuit.
1. That the Urban Local Bodies in Punjab are collecting Fire Cess from many decades but the Fire Department in Punjab are Ill-Equipped. Construction of high rise buildings are being permitted every year, but the departments have not procured even a single Hydraulic ladder, Safety Nets, Safety gears, Fire Safety Suits etc. The ill-equipped department is using water to douse fire originated from different types of sources. It is well known fact that water causing spreading of fire originated from chemicals & causing series of blasts. Water extinguishers are for Class A fires only - they should not be used on Class B fires. On May 07, 2019, at Focal Point Ludhiana, massive fire originating from Liquid Chemicals i.e. Class B whereas the Fire Department used water to douse the flames. The fire fighters were using wrong fire extinguishers for fire originated from Flammable Chemicals due to it took more than 100 fire tenders to douse the flames by fire department. Another fire incident at Building near Suffian Chowk Ludhiana claimed lives of nine fire personnel & many others.
2. That in case of fire incident in any Coaching Centres, just like Fire Department at Surat, the fire departments in Punjab will not be able to douse the flames in time. Due to non-procurement of hydraulic ladders to reach the upper floors of buildings & to catch the people using nets, and due to non-availability of fire safety gears, different fire extinguishers with the fire department, the department will have no option to provide any type of help to students/other people trapped on upper floors of illegal Coaching Centres running in the cities as well as other buildings.
3. That after the fire incident at Surat, the Petitioner no. 1 through their counsel sent legal notice dated 27-05-2019, which was repeated on 22-06-2019, due to oversight, to the respondents to strictly follow all provisions of Punjab Model Building Byelaws 2018 as well as National Building Code of India, in particular Part IV - Fire & Life Safety and the Code of Practice of Fire Safety in Educational Institutions (IS 14435:1997) of the Bureau of Indian Standards. Since most of the Coaching Centres in State of Punjab are not following the mandatory provisions, the aforesaid legal notice was served with demands as under:
(i) All development authorities (ULBs/PUDA etc.) must be directed to strictly complaint to Building Byelaws at all time and strict action must be taken against erring officials.
(ii) The private Coaching Centres which are risking the precious lives of students by running the Coaching Centres in buildings with illegal constructions as well as without mandatory fire safety provisions, strict immediate action should be taken against them and the entire illegal construction must be demolished at their cost immediately.
(iii) The Coaching Centres/ Educational Institutions running in SCOs & SCFs which are violating the fire safety norms must be sealed immediately.
(iv) The Coaching Centres/educational institutions running in residential areas must also be directed to shift to Commercial buildings having all fire safety norms as per National Building Code of India & prevailing building bye-laws.
(v) Fire Safety Audit of all commercial and Industrial Buildings as per National Building Code of India, 2016 must be done every year & fire department must be authorized to seal the buildings found to be violating the standards.
(vi) The Structural Safety Certificate must be made mandatory from certified Civil Engineers for all such types of buildings every year.
(vii) Fire Hydrants along with hose pipe of desired length must be installed at all commercial markets at the cost of owners of commercial buildings.
(viii) Further, the Fire Department must be well equipped with all types of Fire Extinguishers, Hydraulic ladders, safety nets, safety gears & fire safety uniforms without any further delay.
(ix) Since the Municipal Corporations have failed to upgrade their Fire Departments & the funds collected in the name of Fire Cess may have been used for other purposes, the Fire Service Act of Punjab must be notified immediately and the Fire Department should be made independent statutory body under the act in Punjab.
(x) Likewise Bihar, an Act for Coaching Centres in state of Punjab to run a private Coaching Centre must be issued by educational department or any development authorities for any private Coaching centres/educational institutions having more than 10 numbers of students at a time. All the Coaching Centres must get prior approval & registration to run Coaching Centre/Educational Institute. Inspection of all institutions must be done periodically without any intimation.
A true copy of aforementioned legal notice dated 27.5.2019 sent through email are attached herewith as Annexure P-16.
4. That despite receiving the aforesaid legal notices, the respondents have not taken any action against the violators and have allowed all such illegal Coaching Centres to run their un-registered business and play with the lives of students in State of Punjab. Such behavior of respondents is very irresponsible and it seems that Respondents are waiting for some serious incident like Surat to happen, before initiating any action. Even the respondents have not directed to remove illegal billboards from buildings in which Coaching Centres are being run. The wires are hanging in open. Any action, if taken against Coaching Centre which has come up recently at property no. 62-B of residential area of Kitchlu Nagar by MC Ludhiana department, has been defied by owner of such illegal Coaching Centre by breaking the seal put by MCL and no further action against the violator has been taken by the department. Copy of news published on June 12, 2019 in “The Tribune” with heading “Coaching Centre owner defies civic body action, breaks seal put up by building branch team” is attached herewith asAnnexure P-17.
5. That the Deputy Commissioner of Police, Ludhiana vide letter No. 2464-92 dated 27-05-2019 had ordered all the Police Stations in Ludhiana to check the fire safety provisions made by all Coaching Centres running in their jurisdiction. The Petitioners met the DCP on 28th May, 2019, and offered their service voluntarily to the department but the DCP asked to provide relevant provisions to be checked by the Police Department and in case, they require any assistance from Petitioners, they will contact them. The Petitioner No. 1 provided point wise list required to be checked in all Coaching Centres in Ludhiana. However, no action has been taken till date by the Police Department till date. A true copy of aforementioned letter dated 27-05-2019 and list provided through email by Petitioner no. 1 are produced herewith as Annexure P-18 & Annexure P-19 respectively.
6. That the following substantial Questions of Law arise for the kind determination by this Hon’ble Court in the instant Civil Writ Petition:-
(1) Whether the Coaching Centres must not be continued to be permitted to run by violating all the norms and provisions of Buildings Byelaws as well as mandatory provisions of Fire safety norms of National Building Code of India thus risking the lives of Students of Punjab as well as causing inconvenience to residents of colonies on the said grounds?
(2) Whether in view of the directions issued by this Hon’ble Apex Court in a case “Avinash Melhotra vs. Union of India & others, Writ Petition (Civil) No. 483 of 2004” judgment dated April 2005, the private Coaching Centres/ Institutions must be bound to follow the directions for the safety as well as safe environment of education of Students in Punjab.
(3) Whether such private Coaching Centre must not be permitted to run without getting registration under any Act or Policy and thus must not be permitted to charge hefty fee as per their whims and fancies, without being bound to provide all requisite facilities & safe environment as mandatory to be provided by Schools in India.
(4) Whether a direction is liable to be issued to respondent State of Punjab to notify the Punjab Fire for the safety of citizens, including students, and for providing all the necessary equipments and safety gears including different fire extinguishers to douse the flames originating from different sources ?
7. That the petitioners have no other equally efficacious alternate remedy available to them.
8. That the petitioners do not have any remedy of appeal, review or revision under any of the statutes for redressal of their grievance.
9. That the petitioners have not filed any other similar writ petition in this Hon’ble Court or in the Hon’ble Supreme Court of India.
10. That the petitioners have approached this Hon’ble Court without any inordinate delay.
It is, therefore, respectfully prayed that this Hon’ble Court may kindly be pleased to:-
(i) relax the requirement of serving the advance notices of the writ petition on the respondents and also the requirement to enclose the certified copies of Annexures with the writ petition, due to paucity of time, and also to permit the petitioner to place on record the true typed copies or Photostat copies, or relevant extracts of Annexures, as the case be, in the interest of justice.;
(ii) and to issue a Writ of Manadmus, or that of Prohibition, directing for closure of all Coaching Centres mushrooming in residential as well as commercial areas in State of Punjab till they do not follow the mandatory provisions for safety of school children, inter-alia, for the reasons that (i) these Coaching Centres have come up in violations to Punjab Model Building Byelaws 1997, 2010 & 2018 as well as mandatory provisions of Fire safety norms of National Building Code of India thus, risking the lives of students, as well as causing inconvenience to residents of such residential or commercial areas; (ii) Coaching Centres cannot be allowed to run in residential areas; (iii) and all such Coaching Centres have come up in Residential and Commercial localities in violation to Punjab Model Building Bye-laws as well as Master Plans; and (iv) their buildings have been constructed in violations of National Building Code of India mandatory to be followed in particular Part IV - Fire & Life Safety and the Code of Practice of Fire Safety in Educational Institutions (IS 14435:1997) of the Bureau of Indian Standards; and (v) and the buildings have been covered with illegal hoardings & bundles of open electrical wires, causing hindrance to escape routes; and (vi) these Coaching Centres are functioning against Article 21 of Constitution of India for the people at large as it results into prejudice to common man , whose right to environment, right against congestion on residential roads & parking in haphazard manner; and (vii) despite legal notice dated 27-05-2019, annexure P-16, on the respondents, they haven’t taken any action against the violators; and (viii) there are directions of Hon’ble Supreme Court for children to study in safe environment in Schools in India and such Coaching Centres are not less than second school, but all such Coaching Centresdespite taking fee much more than schools, have no responsibility or accountability of providing safe environment to children;
(iii) And also to issue a further Writ of Mandamus for directing the respondents to make policy for mandatory requirement of registration & approval to run Coaching Centres having students more than 10 at any given time ;
(iv) And also to issue a further Writ of Mandamus for directing the respondents to notify Punjab Fire Safety Act on the ground that (i) Fire Departments in Punjab are ill-equipped having no hydraulic ladder and catching nets to reach high rise buildings and save lives of people trapped in buildings; and (ii) is having no proper fire safety gears/equipments & sufficient resources to douse fire originating from different sources; and (iii) the fire department in Ludhiana too, has already lost many lives of their employees while dousing fire in various fire incidents in Ludhiana and; (iv) massive fire incidents are happening continuously in Ludhiana and fire department is failing every time to douse the flames in time;