JULIO RIBEIRO Vs. STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) During the course of hearing of the matter on 15th January, 2018, this Court was informed that the State Government has instructed the Commissioner of Municipal Corporation of Greater Mumbai (for short, 'Municipal Corporation') to enquire into the matter relating to outbreak of fire within the premises of Kamala Mills compound at two restaurants, namely, '1 Above' and 'Mojo's Bistro' and to submit a comprehensive report covering all related issues to the State Government. In accordance with the directives issued by the State Government, the Commissioner of Municipal Corporation has conducted a preliminary enquiry and tendered a report. Copy of the same has also been placed on record in the instant matter in observance of the directions issued earlier.

(2.) Certain prima facie findings recorded in the report by the Commissioner of Municipal Corporation needs to be considered.

(3.) So far as the probable cause of fire is concerned, based upon the findings of the Chief Fire Officer, the Commissioner has drawn certain conclusions in the report. It is noted in the report that the owners of two restaurants have violated all the Rules and Regulations of construction and fire safety norms. Inspite of the notices and prosecutions launched against them by the Ward staff, they continued to indulge into the violations with impunity. It is recorded that the materials used for construction of terrace-covering was extremely inflammable which caused very rapid spread of fire on the entire terrace portion within matter of minutes, giving no chance to the customers to vacate the premises safely. The owners of two restaurants have been negligent about fire safety issues and have shown disregard to the Rules and Regulations. It is concluded that the fire started from the Mojo's Bistro restaurant due to fire embers emanating from fanning of charcoal for use in the hookah. The premises had a very high level of fire hazard due to the fire tricks played by the bartenders. The activity was dangerous and posed a threat to life and property. The rampart unauthorized use of hookah on the terrace covered illegally, was another contributing factor.