Daijiworld Media Network - Mumbai
Mumbai, Jun 10: In a major setback for the Brihanmumbai Municipal Corporation (BMC), the Bombay High Court on Tuesday directed it to pay Rs 50 lac each as compensation to the families of eight people who lost their lives in a devastating fire at Hotel City Kinara in Kurla in 2015.
The tragic incident took place on October 16, 2015, killing seven students aged 18–20 and a 31-year-old design engineer from Virar. The court held BMC responsible for gross negligence and breach of statutory duties that directly led to the fire.
A division bench comprising Justices B P Colabawalla and Firdosh Pooniwalla slammed the civic body for issuing an eating house licence to the hotel without a mandatory no-objection certificate (NOC) from the fire department. The hotel had also committed multiple licence violations, including using a mezzanine floor as a service area and illegally storing gas cylinders.
“It is shocking that despite being aware of the hotel’s illegalities, the BMC took no action. The fire and the resulting deaths were a direct consequence of the civic body’s failure,” the bench observed.
The court ruled that the victims’ families were entitled to compensation due to the violation of their fundamental right to life under Article 21 of the Constitution. The BMC has been directed to pay the compensation amount within 12 weeks.
Petitions were filed by the families of the victims seeking enhanced compensation and a probe, after the Lokayukta dismissed their complaint in 2017, noting only ?1 lakh had been paid to each family.
Rejecting BMC’s argument that the hotel owner was solely liable, the court said, “The civic body is vicariously liable for the acts of omission and commission of its officials.”
The court also criticised the lack of accountability, noting that civic officers responsible faced minimal consequences. “In matters of public safety, a higher standard of care is expected from authorities,” the court stated.
The judgment is seen as a landmark order holding government bodies accountable for lapses in safety enforcement.