’15 hotel fire: HC orders BMC to pay 50L each to kin of 8 victims | Mumbai News

Mumbai: Nearly a decade after a fire at Hotel City Kinara, Kurla West, claimed 8 lives, Bombay HC Tuesday ordered BMC to pay 50 lakh each compensation to their families, nailing it for gross negligence in discharge of its duties.Justices Burgess Colabawalla and Firdosh Pooniwalla said Kinara was granted an eating housing license without it obtaining any fire NOC from the fire brigade. “This, in our view, was one of the most egregious breaches committed not only by the owner… but also by BMC,” they said, adding it was even more shocking that even after BMC became aware of the lack of fire NOC, did not take any action in that regard. They said BMC officials’ deliberate inaction and negligence in fulfilling their duties led to loss of lives at Kinara.On Oct 16, 2015 the fire broke out around 1.20pm in the mezzanine. Among the dead were seven students, between 18 and 20years, of Don Bosco Institute of Technology and the eighth, a civil engineer (32). The court heard a 2018 petition by the victims’ parents and wife to quash the Lokayukta’s Feb 27, 2017 order which dismissed their complaint seeking investigation noting that Rs 1 lakh each compensation is disbursed. The HC quashed the Lokayukta’s order. The judges also said all the victims “had a full working life ahead of them”.HC said by initially granting eating house license to Kinara without a FIR NOC and thereafter not taking action when it was discovered that Kinara was operating without a fire NOC, BMC committed gross negligence and acted totally in breach of its statutory duties. Justices Burgess Colabawala and Firdosh Pooniwalla said had BMC “promptly discharged its statutory duties by acting upon the fire safety violations and cancelled Kinara’s licence, seized the LPG cylinders and prohibited the use of loft area/mezzanine floor for serving patrons, “the fire would definitely not have occurred.““The loss of life of the petitioners’ children/husband, has resulted in violation of their fundamental right to life under Article 21 of the Constitution of India. Further, as far as the petitioners are concerned, the loss of life of their children/husband has caused immense trauma and agony to the petitioners,” said the judges in the verdict.The judges noted in three routine inspections—in Sept 2012, March 2013 and Sept 2015 —BMC found that Kinara was infringing various conditions of its licence. There was no letter from the chief fire officer granting permission to run it. It was using space outside the licensed premises to prepare Chinese food. The mezzanine floor was used for service instead of storage. One Martin Mathews’ complaint to Vinoba Bhave police regarding storage of illegal LPG cylinders was forwarded to BMC but assistant commissioner of L ward “did not take the complaint seriously”. In response to an RTI query, the fire brigade informed activist Nicholas Almeida that Kinara had no fire NOC. Advocate Godfrey Pimenta learnt from HPCL Kinara was not a registered customer of Laxmi Gas Agency.The judges agreed with senior advocate Naushad Engineer and advocate Jayesh Mistry for the petitioners that a higher standard of care was imposed on BMC to ensure public safety. They disagreed with advocate Anil Sakhare for BMC that there was no proximate cause link to acts of omission and/or commission of municipal officers and the fire and fatalities.The judges set aside the Lokayukta’s order saying it failed to consider the Rs 1 lakh compensation each paid by the state govt to the families was only ad-hoc compensation. The judges said all victims “had a full working life ahead of them”. Since the students were studying engineering (IT) or mass media and Arvind Kanaujia was employed at Sterling Engineering Consultants, “it would be safe to presume that, during their whole working life, they would earn a good salary”. The judges said compensation of at least Rs 30 lakh each would be payable. Considering inflation and interest over 10 years, the compensation payable, in 2025, would be Rs 50 lakh. They directed BMC to pay each petitioner within 12 weeks failing which it “shall carry interest at rate of 9 % per annum…”.