The main legal point established in the judgment is the importance of strict adherence to fire safety norms and construction regulations, and the need for an independent probe to investigate violations and make recommendations for preventing similar incidents in the future.

ORDER

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.

4. The operators of ''1 Above'' had constructed a full scale restaurant illegally on the open terrace under their possession. It has also been reported that the fire escapes of the building at all levels were either under illegal use, closed or locked which prevented use of the same by the customers at time of fire. The long fire exit which was supposed to be used by the people was also encroached with pipe fittings along the parapet wall and covering of the same with the aluminum sheets thus reducing the effective width of the fire escape passage to the extent of almost 60%. The staircase exists were closed due to glass partition at lift lobby and the staircase at the open terrace was made inaccessible and not visible due to unauthorized construction on the terrace fully covering it on ''1 Above'' restaurant side. The restaurant owners have not taken any safety precautions at all.

5. So far as ''Mojo''s Bistro'' restaurant is concerned, it has been reported that the owners, apparently in collusion with the owner of Kamala Mills Mr.Ramesh Gowani, have carried out massive unauthorized construction within the building and the open terrace which was shown as fire exit for both the restaurants. It is reported that the owners of ''Mojo''s Bistro'' restaurant have raised unauthorized construction which was not part of NOC. The construction material which was used for erecting unauthorized structure was prone to fire. Although action was taken earlier of demolition of the illegal construction at the instance of the Corporation, the owners again carried the illegal construction and started business. The restaurant was opened in an area which was not permitted. At the restaurants hookah parlor was being operated and the area was being used for smoking purposes unauthorizedly. The permit issued by the Excise