Latest news with #BPColabawalla
India Today
4 hours ago
- India Today
Kinara fire: Court holds civic body liable, orders to pay Rs 50 lakh to families
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 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 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 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 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 Watch
Hindustan Times
11 hours ago
- Hindustan Times
Bombay HC asks BMC to pay ₹50 Lakh to 2015 hotel fire victims' families
The Bombay High Court on Tuesday ordered the Brihanmumbai Municipal Corporation (BMC) 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 (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.
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Business Standard
13 hours 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.
Indian Express
13 hours ago
- Indian Express
HC holds BMC ‘negligent', orders Rs 50 lakh each to kin of 8 victims of Hotel City Kinara fire
Nearly a decade after eight persons lost their lives in a fire at Kurla's Hotel City Kinara in 2015, the Bombay High Court on Tuesday held Brihanmumbai Municipal Corporation (BMC) negligent and directed it to pay Rs 50 lakh each to their kin within 12 weeks. Slamming BMC for 'gross negligence' over granting approvals without following norms, the HC observed that 'an utter failure of its officials in the discharge of their statutory duties' was a 'proximate cause of the fire'. It said the BMC can be held 'vicariously liable for acts and commission and omission of its officials'. On October 16, 2015, a fire broke out on the mezzanine level of a hotel restaurant that killed eight people. Among the victims were seven undergraduate students from Don Bosco Institute of Technology and College and a 32-year-old employee of Sterling Engineering Consultants. A bench of Justices BP Colabawalla and Firdosh P Pooniwalla passed a verdict on a plea filed in 2018 by parents of seven victims and wife of the eighth deceased challenging the order of the February, 2017 Lokayukta order. The Lokayukta had rejected their plea seeking an investigation, observing that a compensation of Rs 1 lakh each has already been paid to them by the state government, prompting them to move HC. Senior advocate Naushad Engineer for the petitioners argued that the restaurant was operating without proper permission, including no-objection certificate (NOC) from the fire department, it was the duty of BMC inspectors to shut it down. Senior advocate AY Sakhare for the BMC claimed that the incident was a direct result of 'reckless and negligent actions of hotel owner and operator, who violated safety norms', and the civic body cannot be made liable to pay compensation. However, the bench quashed and set aside Lokayukta's order noting that it failed to consider that Rs 1 lakh was merely an ad-hoc compensation and it did not consider the actual compensation to be paid to the petitioners. The HC observed that BMC should have maintained 'higher standard of care' in matters concerning public safety and that no action was taken despite civic officials were aware of the breach, which was a 'fire hazard' that the mezzanine floor/loft area, which can be only used for storage purposes was being used to serve customers. The court said it was 'even more shocking' that Kinara was granted an eating housing licence without obtaining any fire NOC from the Fire Brigade Department and said the same was 'one of the most egregious breaches committed not only by the owner of Kinara but also by BMC'. It also noted that the BMC had permitted the use of LPG cylinders without licence and their storage in the loft area of the restaurant. The HC said BMC neither acted on complaints made about violations by the restaurant nor its own inspection reports. The HC further observed that except for one victim who was 32-year-old, all others were students and were nearly 20 years old having dependents, therefore they had 'full working life ahead of them' and they would 'earn a good salary during their whole working life'. 'Keeping all these factors in mind, in our view, in respect of each victim, compensation of at least Rs30 lakh would be payable in 2015 (year of incident). Considering inflation and the interest that the said sum of Rs 30 lakh would have earned over the period of 10 years, the compensation payable to each of the Petitioners, in 2025, would be Rs 50 lakh,' the bench held, while holding BMC to be liable to pay Rs 50 lakh compensation to each petitioner.
Hindustan Times
15 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.
