2018 Supreme(Bom) 2224
R.M.BORDE, R.G.KETKAR
Julio Ribeiro – Appellant
Versus
State Of Maharashtra – Respondent
Advocates Appeared:
Mr. Sujay N. Kantawalla a/w. Mr. Ashish Mehta, Mr. Shashwat Rai, Ms.Sonal Dangri, Mr. Ojas Gole and Mr. Kartik Vig i/b. Mr. Brijesh Pathak, Advocates, for the Petitioner in PIL(L) No.4 of 2018.; Mr. Sapan Shrivastava, Advocate, for the Petitioner in person in PIL(L) No.6 of 2018.; Ms. Purnima H. Kantharia, Government Pleader a/w. Ms. Deepali Patankar, AAGP, for the Respondents No.1, 2, 7 and 8 in PIL(L) No.4 of 2018 and for respondent No.3 in PIL(L) No.6 of 2018.; Mr. A.Y. Sakhare, Senior Advocate a/w. Mrs. S.M. Modle, Smt. Trupti H.Puranik, Mr. Sagar Patil, Ms. Pooja Yadav, Advocates, for the Respondents No.3 to 6-MCGM in PIL(L) No.4 of 2018 and for respondents No.1, 2 and 4 in PIL(L) No.6 of 2018.; Mr. Ramesh Soni a/w. Mr.Sameer Pandit, Madhupreetha Elango i/b. M/s.Wadia Ghandy & Co, for the Applicant in CHSW No.51 of 2018 and Indian Hotel and Restaurant Association and Hotel and Restaurant Association (Western India) in PIL(L) No.4/2018.; Mr. Vijay M. Thorat a/w. Mr.Madhav Thorat, Mr. Anukul Seth, Fauzan Shaikh, Shridevi C. Kotkar, Mr. Jaivardhan Singh, Mr. Madhav Kulkarni, Mr. Aditya Bhagat i/b. M.V. Thorat, Advocates, for the Intervenor - Maharashtra Employees and Restaurant Association.; Mr. Yatin Sawant, Dy. Commissioner, State Excise Department is present in person, for the Respondents; Mr. Anil Chaskar, Superintendent, Mumbai City, State Excise Department is present in person, for the Respondents; Mr. Vijay Thorat, Inspector, FDivision, Mumbai City, State Excise Department is present in person, for the Respondents; Mr. Mahesh Tambe, SubInspector, G Division, Mumbai City, State Excise Department is present in person, for the Respondents; Mr.Suryakant Shivram Naikwadi, Police Inspector is present in person, for the Respondents; Mr. Ahmed Usman Pathan, Senior Police Inspector is present in person, for the Respondents; Mr. Shivaji Chavanke, PSI is present in person, for the Respondents; Mr. Banait D., Director, Town Planning Department is present in person, for the Respondents
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 s
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