P A KULKARNI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) CARELESS conduct and casual approach adopted by the respondent-State in the matter of fundamental right dealing with life and safety forced the petitioners, belonging to a noble profession of advocates to put off their robes and stand before us as litigant seeking justice for the legal heirs of the dead and compensation for the injured. The deaths and injuries are admitted to have been caused on account of the collapse of a building constructed by the builders by using substandard material besides ignoring the structural guidelines and protections. The rolling tears and the soar wailing cries of the victims of the tragedy did not affect the mighty and careless State but did touch the tender hearts of the petitioners, who initiated this action in public interest with prayer for granting appropriate relief to the needy and deserving. This Court has been moved to take appropriate action by the issuance of requisite directions in furtherance of its obligation to protect the fundamental right of life, personal liberty and safety of the people in the country. It is submitted that the State has failed in its obligation to protect the life and safety of the people as enshrined under Art. 21 of the Constitution. Right to life, as guaranteed by Art. 21 has been acknowledged to be more than survival or animal existence. Such right includes the right to live with human dignity ensuring all aspects of life which go to make a man's life meaningful, complete and worth living. It has cast an obligation upon the State to ensure such right by taking effective legislative and administrative actions as and when required. As the State is alleged to have failed in its obligations as cast upon it under Part III of the Constitution of India, this Constitutional Court which is under oath to protect such rights of the citizens has been approached for relief without caring for the technicalities of law and wrangles of procedure.

(2.) ). 118 people are admitted to have died beneath the debris of a multi-storeyed building under construction which collapsed on 12th September 1983 at 3. 13 p. m. The aforesaid building was being constructed by one Ganga Ram abutting Subedar Chatram Road and Ananthashram Road, a busy and commercial area in the city of Bangalore. Besides 118 deaths caused on account of the collapse of the building another 67 persons were seriously injured. The Government of Karnataka ordered a judicial enquiry vide Notification No. HUD 281 MNY 83, dated 8-11-1983 by constituting three members committee under S. 3 of the Commission of Inquiry Act, 1952 with the following terms of reference :

(3.) THE Government of Karnataka accepted the report of the Commission of Enquiry on 3rd of July, 1986 and directed (i) that criminal proceedings may be launched if not done already against the Architect (M/s. Master and Associates, Bombay), the Structural Engineer (Sri H. R. Bhanu Murthy), the Contractor (M/s. Digvijaya Engineering Enterprises Pvt. Ltd. ,) and the Owner (Sri Gangaram) for their respective lapses leading to the collapse of the building. (ii) all cases relating to grant of licenses for construction of building exceeding 4 floors (basement plus 4 floors) shall be first considered by an Experts' Committee to be appointed by the Government. No license shall be granted in respect of such a building unless it is cleared by the Committee. Necessary amendments to the existing law may be made, immediately. (iii) a separate Official Committee comprising of the Officers concerned shall be constituted by Government to examine quickly the other recommendations made by the Commission of Inquiry in respect of terms of reference Nos. (vi) and (vii ). (iv) that in view of the observations made by the Commission of Inquiry, disciplinary action be taken against; (a) Shri V. T. Arasu, the then Superintending Engineer, Bangalore City Corporation (presently working as Chief Engineer, Government of Karnataka); (b) Dr. K. Rangappa, IAS, former Commissioner of the Bangalore City Corporation; (c) the persons who had issued the licenses right from 1973-74 in respect of this building without any regard for the Zoning Regulations and Building Bye-laws. Disciplinary action was also directed to be initiated against the officers of Engineering Department for the collapse who had submitted their notes leading the orders compounding the deviation made by Dr. K. Rangappa, IAS, the then Commissioner of Bangalore City Corporation, for their failure in bringing out correct facts and provisions of law in their notes. However, no directions were issued and action initiated for compensating the dependants of the victims for the loss of life of their near and dear ones. The dead are reported to be workers who are stated to have left behind their families for starvation, if not duly compensated as the victims of the occurrence were alleged to be only their bread-earners. The victims are reported to have been paid meagre amounts of money as an ex-gratia payment from the Chief Minister's and Prime Minister's fund and no compensation for the loss of life or infliction of the injuries suffered and cause on account of the culpable negligence attributable to the persons responsible for the collapse of building as concluded by the Commission of Inquiry. The State is alleged to have failed in initiating any action against the guilty and responsible for the tragedy and in this way failed to perform the obligations enshrined upon it under Art. 21 of the Constitution. Relying upon the Bhopal Gas Leak Disaster case,the petitioners have submitted that a statutory provision similar as Bhopal Gas Leak Disaster (Processing Claims) Act, 1985 was required to be enacted by the State for ensuring the payment of compensation claims to the dependants of the victims of the tragedy. Prayer has been made for issuance of directions against the respondents for making payment of full and proper compensation to the victims-relations of the dead and to the people who were injured in the Gangaram Building Collapse case.