Death in Hotel Fire tragedy – Compensation – Negligence of Corporation
Licence was given by the Health Department without NOC – Failure to take action against errant hotel even after three inspection that there was no FIR NOC and the storage space was used for service purpose
Compensation of Rs.50 lakhs to each of the petitioners was granted.
We would like to reiterate that the Corporation by not taking action against the hotel, despite being aware of serious breaches of the licence conditions committed by the hotel, committed breach of its statutory duties.
The breach of statutory duties by the Corporation and its officials is the direct and proximate cause of the hotel fire incident. Therefore, the Corporation is liable to pay compensation.
On 13.9.2012, during inspection, it was found that Hotel Kinara was infringing various conditions of its licence and there was no “Fire NOC” of the Chief Fire Officer. It was found that the hotel was using extra space outside the licensed premises for preparation of Chinese food.
Another inspection on 20.3.2013 was made. No action was taken.
Third Inspection was made on 2.9.2015. One of the infringements was that mezzanine floor was used for service purpose instead of storage purpose. This inspection was made one and half months prior to the fire.
Thus, since 2012, the respondent nos.2, 6 and 7 are aware that the hotel did not possession FIRE NOC. However, no action was taken.
On 16.10.2015, eight young adults visited Hotel City Kinara for lunch. Food was served on the table in the loft area / mezzanine floor. At about 1.20 p.m. the fire broke out in the loft area. Tragically, all eight young adults lost their lives.
On 1.6.2016, the show cause notices were issued to the officials of Corporation.
On 28.8.2016, the complaint was filed before Lokayukta, Maharashtra State, for investigation and compensation to the families.
On 27.2.2017, the complaint was dismissed. However, during hearing, it was transpired that the compensation was already paid to the families of the deceased persons.
The writ petition was filed for quashing the order dated 27.2.2017.
In the meanwhile, in the departmental inquiry, report was submitted on 19.1.2017 for various findings against the officials of the Corporation.
HELD that the Corporation was aware of the various breaches and illegalities in the hotel which were a fire hazard and despite complaints and their own Inspection Reports noting the same, did not take any action. In our view, awarding punishment in departmental enquiry to certain officers does not absolve the Corporation from paying compensation to the petitioners for violation of the fundamental rights of the petitioners and their children / husband under Article 21 of the Constitution of India.
Judgment dated 10.6.2025 of the High Court of Bombay in Writ Petition No.659 of 2018 of Rekha P. Thapar and others Vs. State of Maharashtra and others
