Kinara fire: Court holds civic body liable, orders to pay Rs 50 lakh to families

India Today

a day ago

The Bombay High Court on Tuesday held the Brihanmumbai Municipal Corporation (BMC) liable for gross negligence in the 2015 fire at Hotel City Kinara in Mumbai, which claimed the lives of eight young adults. The court directed the BMC to pay Rs 50 lakh in compensation to each of the victims' families within 12 weeks, warning that failure to do so would attract an interest of 9% per annum from the date of the order until full payment or recovery.advertisementThe tragic incident occurred on October 16, 2015, when a group of eight had gathered for lunch at a restaurant. They were seated on the mezzanine floor when a fire broke out around 1:20 p.m., leading to their deaths. A complaint was initially filed with the Lokayukta seeking investigation and compensation. The Lokayukta dismissed the complaint, citing prior compensation ordered and credited to the Tahsildar of Kurla. The petitioners then challenged this before the High Court.A division bench comprising Justices BP Colabawalla and Firdosh P. Pooniwalla examined whether the BMC could be held liable for the incident and if compensation was still due. The civic body argued that the fire resulted from gross negligence by the restaurant's owner and staff and that it bore no responsibility.
However, the bench found that the BMC had committed a gross breach of statutory duty. It noted that the civic body had received complaints and was aware of serious licence violations by the restaurant that posed fire hazards, as documented in their own inspection reports. Despite this, no preventive action was taken. The court ruled that the BMC's inaction had a direct and proximate link to the fire.advertisementThe BMC claimed limitations in manpower and infrastructure due to Mumbai's size and said that two sanitary inspectors had been punished following a departmental inquiry. The court responded that such internal action did not absolve the BMC from its constitutional responsibility to safeguard citizens' fundamental rights under Article 21.The court made it clear that while the BMC is free to recover compensation from the restaurant owner and operators, it cannot escape its primary liability to compensate the petitioners. It also clarified that the Rs 1 lakh ex gratia paid by the state government was only an ad hoc amount and not the full measure of damages due.Accordingly, the court quashed the Lokayukta's dismissal of the complaint and reaffirmed that the BMC's negligence directly contributed to the deaths, making it liable for the Rs 50 lakh compensation to each of the deceased's families.Must Watch