NMC faces 1 cr penalty for ignoring HC orders on rehab
Nagpur: The Nagpur bench of Bombay High Court on Tuesday lashed out at the Nagpur Municipal Corporation (NMC) for failing to act on its repeated directives related to the rehabilitation of licensee vendors displaced by the Ganesh Tekdi railway station parking plaza project. The division bench comprising Justices Avinash Gharote and Abhay Mantri warned that it was inclined to impose a penalty of 1 cr on the civic body for its "insensitive" conduct and disregard for court orders.The court was hearing a petition filed by Syed Sakir Ali Abdul Ali and 34 others through Counsel Mahesh Dhatrak, who challenged the prolonged delay in implementing a revised proposal under Section 37 of the Maharashtra Regional and Town Planning (MRTP) Act.The proposal, crucial for rehabilitating affected shopkeepers, was to be submitted by NMC to the state govt as directed by the court on February 27. However, as of May 5, the civic body failed to send the required proposal.
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Business Standard
an hour ago
- Business Standard
Bombay HC orders BMC to pay ₹50 lakh each to 2015 fire victims' kin
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.
Hindustan Times
3 hours ago
- Hindustan Times
HC orders BMC to pay ₹50 lakh compensation each to kin of 2015 hotel fire victims
Mumbai, The Bombay High Court on Tuesday ordered the Brihanmumbai Municipal Corporation to pay ₹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 ₹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 ₹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 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.
News18
10 hours ago
- News18
'2,000 Deaths Each Year': 2023 PIL In Bombay HC Highlighted Mumbai Suburban Railway Accidents
Before the Mumbai train accident, a 2023 PIL flagged thousands of deaths on Mumbai's rail network, prompting Bombay High Court to say that passengers were treated like "cattle". A PIL, filed in 2023, had drawn the Bombay High Court's attention to deaths happening every year in the suburban railway. The PIL was accessed exclusively by CNN-News18, in the backdrop of the suburban train accident in Thane's Mumbra on Monday, in which four people lost their lives. According to the contents, the 2023 PIL stated that 2,000 deaths happen every year on the suburban railway. It also mentioned that 2,590 commuters had lost their lives in 2023, which meant an average of seven deaths per day. Nearly 2,441 people were injured during the same period. A total of 1,650 deaths were reported on the Central Railways, while another 940 deaths were reported on the Western Railways. More than 1,800 deaths were reported on Mumbai local trains, it stated. After the PIL was submitted, the Bombay High Court had pulled up the railways and had directed general managers to look into the 'very serious issue'. The High Court also said the human passengers are carried like 'cattle" on local trains and that the officers at the highest level should be made accountable. Meanwhile, the Central Railway's principal chief safety officer (PCSO) said they would probe the suburban train accident in Thane's Mumbra. It is being treated as an incident and not an accident, CR chief public relations officer Swapnil Nila told PTI. PCSO CK Prasad visited the site earlier in the day and carried out an inspection, he added. 'Relevant information is being collected, and efforts to identify the root cause are being made. The principal chief safety officer (PCSO) will conduct an inquiry into the incident that occurred around 9.10 am," he said. 'From preliminary investigation, it is found that the passengers were travelling on the footboard," Nila said. To avoid similar incidents in the future, all new locals will be introduced with an automatic door closure system, while existing trains will be retrofitted with it, Nila said. A railway team reached the spot at Mumbra station in the evening and took measurements of the gap between the two fast lines (Up and Down) tracks there, other officials said. As per Central Railway officers, eight passengers were found injured in the gap between two parallel railway tracks between Mumbra and Diwa railway stations in the morning, while five other passengers onboard the CSTM-bound Kasara-10 local sustained minor injuries. Railway officers said the Karjat-11 local from CSMT was crossing the Kasara-10 local at Mumbra when the incident took place. It was first reported by the train manager of a Kasara-CSMT train, officials said. Emergency response teams, including ambulances and railway medical staff, were immediately dispatched to the site, and the injured passengers were swiftly transported to Chhatrapati Shivaji Maharaj Hospital, Kalwa, and Civil Hospital, Thane, he said.
