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India Today
10-06-2025
- 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


The Hindu
03-06-2025
- General
- The Hindu
Bombay High Court permits animal sacrifice during Id, Urs at Vishalgad dargah
The Bombay High Court on Tuesday (June 3, 2025) allowed animal sacrifice during Id and Urs (death anniversary of a Sufi saint) celebrations at a dargah located within the precincts of the Vishalgad Fort in Kolhapur district of Maharashtra. Permitting animal slaughter during the festivities, a Division Bench of Justices (Vacation Bench), Neela K. Gokhale and Firdosh P. Pooniwalla also placed certain conditions to comply with. The Bench was hearing an application by the Hajrat Peer Malik Rehan Mira Saheb Dargah Trust, challenging a directive from the Deputy Director of Archaeology who had prohibited animal slaughter within the fort premises. The authorities cited that the ban was based on provisions of the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act that prohibits slaughtering of animals and birds on the premises of a protected monument. A 1998 Aurangabad Bench judgment prohibits public animal sacrifices. The Dargah Trust argued that the practice of animal sacrifice is an age-old practice going on the private land that is 1.4 km away from the fort and that the meat from sacrifice is distributed among the pilgrims and villagers. The vacation Bench said, 'Considering the fact that a coordinate Bench has passed an order on June 14, 2024, and has already dealt with the issue and has permitted the prayer of the present IA, the same shall continue during the forthcoming festival of Id which is on June 7 and the Urs from June 8 to June 12.' Disposing of the trust's application, the Bench observed, 'Needless to state, the same conditions which have been imposed in the June 14, 2024 order shall apply to the petitioners in the present interim application and also to devotees of dargah who come to sacrifice animals during Id and Urs. The conditions imposed on June 14, 2024, order shall be strictly complied with.'