A massive fire had broke out inside Hotel City Kinara in Kurla area of Mumbai, killing eight people on October 16, 2015. The deceased included seven students aged between 18-20, and the eighth victim was a 31-year-old design engineer from Virar
-1749568340358_d.png "Bombay HC orders BMC to pay Rs 50 lakh compensation each to kin of 2015 hotel fire victims")
The high court, in its judgment, ordered the BMC to pay Rs 50 lakh to the families of each of the victims within 12 weeks. Representation Pic/File.
The Bombay High Court on Tuesday ordered the Brihanmumbai Municipal Corporation (BMC) to pay Rs 50 lakh each as compensation to the family of eight victims who died in a fire outbreak at a hotel in 2015, marking its biggest failure, reported the PTI.
A massive fire broke out inside Hotel City Kinara in Kurla area of Mumbai, killing eight people on October 16, 2015. The deceased included seven students aged between 18-20, and the eighth victim was a 31-year-old design engineer from Virar.
The high court was hearing the petition filed by parents of the victims, looking for justice against 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 Bombay 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. 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."
The bench also mentioned that the loss of life of the eight people had a huge impact on their families and has violated their 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.
According to the court order, the hotel had violated several terms of licence, this includes operation of a service area on the mezzanine floor, which is supposed to be a storage area. It further mentioned that the hotel did not have a no-objection certificate (NOC) from the fire department.
The court also emphasised that Kinara had acquired an eating housing licence without getting the NOC from the fire department.
"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.
When the fire broke out these eight victims were seated on the mezzanine floor, 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 also stored multiple gas cylinders, which is prohibited. The court also highlighted that the civic officers faced no real consequences for their ignorance that could have prevented the fire at Kinara which led to the death of eight people.
The court in this order stated that the matter is serious and concerns about the public safety and implementation of higher standards of care to be 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 also mentioned that BMC was well aware about the alarming condition of the hotel as it had received several complaints and multiple inspections were carried out.
Earlier, today the Mumbai civic body informed 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.
(With inputs from PTI)
Subscribe today by clicking the link and stay updated with the latest news!" Click here!
