Bombay HC orders BMC to pay ₹50 lakh each to 2015 fire victims' kin

Business Standard

a day ago

The Bombay High Court on Tuesday ordered the Brihanmumbai Municipal Corporation (BMC) to pay Rs 50 lakh each as compensation to the kin of eight victims who died in a fire at a hotel in 2015, citing its gross failure in the discharge of its duties.
A fire broke out inside Hotel City Kinara in Kurla, killing eight persons on October 16, 2015. Seven of them were students aged 18-20, and the eighth victim was a 31-year-old design engineer from Virar.
The high court was hearing petitions filed by parents of the victims seeking to quash the Lokayukta's February 2017 order, which dismissed their complaint seeking a probe.
The Lokayukta, while dismissing their pleas, noted that compensation of Rs 1 lakh each was disbursed.
The families sought the enhancement of the compensation amount.
The high court, in its judgment on Tuesday, ordered the BMC to pay Rs 50 lakh to the families of each of the victims within 12 weeks.
"Due to the failure of the BMC in taking action, the illegality in Kinara continued unabated and ultimately led to the fire and the loss of life," it said.
A bench of Justices B P Colabawalla and Firdosh Pooniwalla said it was "shocking" that the BMC failed to initiate any action against the hotel despite being aware that it did not have requisite permission from the fire department.
"Had the BMC taken prompt action, then the fire incident would not have definitely not occurred," the court noted.
The bench held, "The negligence and breach of statutory duties by the BMC is a proximate cause of the fire, and the civic body can be held vicariously liable for the acts of commission and omission of its officials." It added that the loss of life of the eight persons has resulted in a gross violation of their families' right to life under Article 21 of the Constitution.
"This violation of the fundamental rights of the petitioners and their kin under Article 21 of the Constitution of India has been caused as a direct result of the negligence and breach of statutory duties on the part of BMC," the court noted.
The court, in its order, said that the hotel had violated several conditions of its licence, including operating a service area on the mezzanine floor, which was supposed to be a storage area.
It added that the hotel also did not have a no-objection certificate (NOC) from the fire department.
Kinara was granted an eating housing licence without obtaining any fire NOC from the fire department, the court said.
"This, in our view, was one of the most egregious breaches committed not only by the owner and operator of Kinara but also by Respondent No.2 by issuing an eating house licence to Kinara without obtaining any fire NOC," it observed.
The eight victims were seated on this mezzanine floor when the fire broke out, and they died.
"These breaches increased the danger of fire in Kinara," the court said, adding the BMC was in "gross negligence and has acted totally in breach of its statutory duties".
The hotel had also stored several gas cylinders, which was prohibited.
The court said the civic officers faced no real consequence for their negligence in preventing the fire at Kinara and the deaths of the eight persons.
The court, in its order, stated that in matters concerning public safety, a higher standard of care is imposed on the authorities.
"When activities are hazardous and are inherently dangerous, the statute expects the highest degree of care, and if someone is injured because of such activities, the State and its officials are liable even if they could establish that there was no negligence and that it was not intentional," the court said.
The court said the BMC was aware of the breaches in the hotel as it had received complaints and carried out inspections.
The civic body had earlier told the court that it could not be held liable to pay any compensation to the families of the victims and that the hotel owner should be directed to pay compensation.
It argued that after the fire, a departmental inquiry was initiated against four civic officials, of whom two were found guilty of negligence, and an appropriate penalty was imposed on them.